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
The Prohibition of Ritual Slaughtering (Kosher Shechita and Halal) and Freedom of Religion of Minorities
TL;DR: This article argued that the right to freedom of religion or belief requires nation-states to respect the rights of religious minorities that engage in ritual slaughter, even if they recognize the importance of avoiding unnecessary suffering of animals.
Les poursuites stratégiques contre la mobilisation publique : l'activisme citoyen et la juridicisation du politique au Québec
TL;DR: In this article, the authors analyse discursive, empirique and theorique of a campagne de mobilisation sociale ayant galvanise individus and groupes sociaux du Quebec contre a pratique specifique dintimidation judiciaire ciblant les actifs sur la scene sociale and politique.
Journal ArticleDOI
The European Court of Human Rights and the Protection of Civil Liberties: an Overview
TL;DR: The European Court of Human Rights (ECHR) has become a rallying cry for disappointed litigants from Iceland to Istanbul as mentioned in this paper, and its case-law has ballooned dramatically in recent years.
Book ChapterDOI
Minorities within Minorities: Autonomy, association and pluralism
TL;DR: In this paper, the authors try to find a middle course between these two views, one that tries to uphold individual autonomy and pluralism, and do not find the magic bullet that satisfies the concerns of all, dissolving all tensions between pluralism and autonomy.
Journal ArticleDOI
What is sociology of law? (On law, rules, social control and sociology)
TL;DR: In this article, the authors recapitulate and reformulate an oft-interrupted conversation I have had with myself and with many others during the past more than half-century, and the question around which it has circled is this: “What is sociology of law?” and implicit in that question, is such a thing possible?