Journal ArticleDOI
Taking Rights Seriously
Alan R. White,Ronald Dworkin +1 more
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In this paper, a judge in some representative American jurisdiction is assumed to accept the main uncontroversial constitutive and regulative rules of the law in his jurisdiction and to follow earlier decisions of their court or higher courts whose rationale, as lAbstract:
1.. HARD CASES 5. Legal Rights A. Legislation . . . We might therefore do well to consider how a philosophical judge might develop, in appropriate cases, theories of what legislative purpose and legal principles require. We shall find that he would construct these theories in the same manner as a philosophical referee would construct the character of a game. I have invented, for this purpose, a lawyer of superhuman skill, learning, patience and acumen, whom I shall call Hercules. I suppose that Hercules is a judge in some representative American jurisdiction. I assume that he accepts the main uncontroversial constitutive and regulative rules of the law in his jurisdiction. He accepts, that is, that statutes have the general power to create and extinguish legal rights, and that judges have the general duty to follow earlier decisions of their court or higher courts whose rationale, as lread more
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Quality of Government
Jan Teorell,Bo Rothstein +1 more
TL;DR: In this paper, the authors argue that the concept of quality of government should be best understood as that of having impartial government institutions, which avoids functionalism and ignores the contents of specific policies in favor of the procedures for how they are implemented.
Journal ArticleDOI
Building on the Foundation of General Strain Theory: Specifying the Types of Strain Most Likely to Lead to Crime and Delinquency:
TL;DR: In this article, the characteristics of strainful events and conditions that influence their relationship to crime are described, and it is predicted that some types of strain will not be related to crime, including types that have dominated the research on strain theory.
Book ChapterDOI
Value Sensitive Design and Information Systems
TL;DR: Value sensitive design as discussed by the authors is a theoretically grounded approach to the design of technology that accounts for human values in a principled and comprehensive manner throughout the design process, which employs an integrative and iterative tripartite methodology, consisting of conceptual, empirical, and technical investigations.
Journal ArticleDOI
What Is Quality of Government? A Theory of Impartial Government Institutions
Bo Rothstein,Jan Teorell +1 more
TL;DR: In this article, the authors propose a more coherent and specific definition of QoG: the impartiality of institutions that exercise government authority, which they relate to a series of criticisms stemming from the fields of public administration, public choice, multiculturalism, and feminism.
Journal ArticleDOI
Making and Breaking Social Capital: The Impact of Welfare-State Institutions
Staffan Kumlin,Bo Rothstein +1 more
TL;DR: In this article, the causal mechanism between variation in the design of welfare-state institutions and social capital is investigated, based on Swedish survey data, and it is shown that the specific design of WSP policies matters for the production of social capital, whereas experiences with needs-testing social programs undermine it.
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Journal ArticleDOI
Resources versus Capabilities: Social Endowments in Egalitarian Theory
Roland Pierik,Ingrid Robeyns +1 more
TL;DR: In this paper, the authors provide both an internal and an external critique of Dworkin's claim that Sen's capability approach does not provide a genuine alternative to equality of resources.
Journal ArticleDOI
Administrative Discretion and Urban and Regional Planners’ Values
TL;DR: In this paper, the possibilities for using administrative discretion to do planning that reflects urban and regional planners' own deeply held values are explored, and a broad chart of the broad range of broad char...
Journal ArticleDOI
Who Is a Journalist and Why Does it Matter? Disentangling the Legal and Ethical Arguments
TL;DR: In this article, the authors argue that the debates in law and professional ethics have to be resolved independently and that debate within those domains needs to be more nuanced, and that the debate should not be oriented around a single definitional threshold but should identify tiers that take account of different communicators' unique goals, tactics, and values.
Journal ArticleDOI
Are There Still Indispensable Norms in Our Society? 1
TL;DR: In his Heidelberg University lecture of 1992, the author used an all-too pre- scient torture scenario to exam the function and putative indispensability of norms in modern society as mentioned in this paper.