Digital Commons Network^™

The Duty To Obey The Law, David Lefkowitz

Philosophy Faculty Publications

Under what conditions, if any, do those the law addresses have a moral duty or obligation to obey it simply because it is the law? In this essay, I identify five general approaches to carrying out this task, and offer a somewhat detailed discussion of one or two examples of each approach. The approaches studied are: relational-role approaches that appeal to the fact that an agent occupies the role of member in the political community; attempts to ground the duty to obey the law in individual consent or fair play; natural duty approaches; instrumental approaches; and philosophical anarchism, an approach …

Women And Welfare: The Politics Of Coping With New Social Risks In Chile And Uruguay, Jennifer Pribble

Political Science Faculty Publications

Women make up a disproportionate share of the world’s poor, and Latin America is no exception to this trend. Nevertheless, very few studies of social policy in the region have investigated why the gendered character of welfare provision varies across countries. This article addresses that question through a comparative historical analysis of Chile and Uruguay and concludes that variation in the gendered nature of each state’s social policy regime resulted from a two-step process. In the first stage, female labor force participation, the mobilizing capacity of women, and policy legacies differentiated the two countries, placing Chile on a less equitable …

On Moral Arguments Against A Legal Right To Unilateral Humanitarian Intervention, David Lefkowitz

Philosophy Faculty Publications

As the international response to recent events in Darfur demonstrates, the restriction of authority to intervene to the United Nations poses the greater legal barrier to intervention. From a practical perspective, then, the more pressing question may be whether international law ought to be modified to permit states, or multi-state organizations, to carry out unilateral humanitarian interventions; that is, interventions that are not authorized by the United Nations. The issue here is essentially a moral one: would the incorporation of a right to unilateral humanitarian intervention entail a moral improvement to international law – for example, a decrease in the …

Republic Of Bulgaria, Jeffrey K. Hass

Sociology and Anthropology Faculty Publications

One of the more orthodox Communist countries in the Warsaw Pact, Bulgaria has slowly but surely made its way out of Socialist authoritarianism and is developing democracy and a market economy. Despite a sizable non-Bulgarian ethnic minority (especial Turks), the country has avoided the ethnic tensions that led to war in Russia (Chechnya) or the former Yugoslavia. The possibility of joining NATO and the European Union promises to bring Bulgaria closer to the West than ever in its history. Bulgaria's party politics were among the more stable in Eastern Europe until the arrival of a new mass movement, but Bulgaria …

Republic Of Estonia, Jeffrey K. Hass

Sociology and Anthropology Faculty Publications

Estonia is the northernmost of the three former Baltic republics of the Soviet Union, with a 2005 population of 1.32 million people. It is not a homogeneous country: While ethnic Estonians make up 67.5 percent of the overall population, Russians come in a strong second with 25.6 percent. Estonian is the official language, but Russian, Latvian, and Lithuanian are significant as well. Despite some ethnic issues, Estonia has enjoyed a relatively stable transition to democracy and a market economy. While political parties have yet to tap deep roots into society and some scandals have marred political life, Estonia is further …

Republic Of Belarus, Jeffrey K. Hass

Sociology and Anthropology Faculty Publications

A landlocked nation, Belarus is located in central-eastern Europe, with Poland and Russia on the western and eastern borders, Ukraine to the south, and Latvia and Lithuania to the north. The climate is between continental and maritime, with cold winters and cool summers. Much of the terrain is flat, and there are several square kilometers of marshland. Much of southern Belarus was contaminated by the Chernobyl nuclear accident in 1986; while Ukraine was host to the disaster, the radioactive fallout harmed Belarusian territory worse than Ukrainian land, contaminating more than 20 percent of Belarusian land and leading to, at one …

Russian Federation, Jeffrey K. Hass

Sociology and Anthropology Faculty Publications

The Russian political system remains subject to sudden radical change--this has been the basic logic of its political history since 1985. Only by understanding the processes and logics of that recent history of change can one understand the present and the (possibly radically different) future.

In December 1991 Boris Yeltsin, president of the Russian Soviet Federated Socialist Republic (the USSR's largest republic, known as RSFSR), joined Stanislav Shushkevich of Belarus and Leonid Kravchuk of Ukraine in dissolving the Soviet Union and replacing it with the ill-defined Commonwealth of Independent States (CIS). The RSFSR was transformed into the Russian Federation, and …

Republic Of Latvia, Jeffrey K. Hass

Sociology and Anthropology Faculty Publications

On August 21, 1991, following the failed Soviet putsch, the Latvian Supreme Soviet declared Latvia independent of the Soviet Union, beginning the process of building democracy. Like its two Baltic neighbors, Lithuania and Estonia, Latvia has enjoyed a happier transition to democracy and capitalism than other former Eastern bloc or Soviet republics. While disputes over policy, territorial boundaries, economic policy, and definition of citizenship have been problematic and while Latvia's economy bottomed out in 1992 and 1993, the country has enjoyed relative political calm and recent economic growth.

While it may perhaps be early to talk about a stable, never-changing …

Republic Of Poland, Jeffrey K. Hass

Sociology and Anthropology Faculty Publications

Located in east-central Europe, Poland comprises an area of nearly 313,000 square kilometers (about the size of New Mexico). Borders with Germany on the west and Belarus and Russia on the east give Poland notable geopolitical significance. In addition, its flat topography, with no defensible geographical features, has made Poland a prime area for conflict, as the country not only lies between historically powerful nations but also has served as an unwilling conduit for forces between Russia and Germany.

Republik Of Lithuania, Jeffrey K. Hass

Sociology and Anthropology Faculty Publications

Formally Lithuania is a republic. The national government is composed of three branches-executive, legislative, and judiciary. Lithuania has a stronger presidency than the other Baltic countries and is referred to as a "presidential democracy" that has come to resemble the French system, where the president presides over policymaking and the parliament (Seimas) is weakened by divisions between several parties and factions; however, this strength may be illusory for institutional reasons.

Romania, Jeffrey K. Hass

Sociology and Anthropology Faculty Publications

Before 1989 Romania was among the most authoritarian regimes of those in the Socialist East Bloc. Nicolae Ceauçescu's secret police was among the most active, and the dictator ruled with impunity until the wave of popular revolutions that swept Eastern Europe in the autumn of 1989 reached Romania. An internal coup deposed Ceaçescu (whose body was shown on television after he was shot), but Romania did not move immediately to liberal politics as in Poland or Hungary. Democracy took time to develop, although success appears on the horizon after joining the North Atlantic Treat Organisation (NATO) in 2004 and possible …

Republic Of Hungary, Jeffrey K. Hass

Sociology and Anthropology Faculty Publications

Hungary has been one of the more promising countries of Eastern Europe to make the transition from a Communist polity and economy to democracy and market capitalism. While the transition has not been smooth--economic pain paved the way for the socialists to return to power, and complexities or snags in legislation and procedure have made political institutions run less than smoothly--Hungary still exhibits successful institution building. While political actors regularly fight and coalitions and splits have occurred, there is little threat of political instability, and Socialists have not tried to turn back the clock on democracy or the free market.

Ukraine, Jeffrey K. Hass

Sociology and Anthropology Faculty Publications

The independent nation of Ukraine was born on December 1, 1991, when Russia's Boris Yeltsin, Belarus's Stanislav Shushkevich, and Ukraine's Leonid Kravchuk agreed to disband the Soviet Union and create the Commonwealth of Independent States (CIS). Since then, Ukraine's political history (much like its economic history) has been marked by the confusions, contradictions, and conflicts that go hand in hand with state building. Overshadowed on the world stage by its "bigger brother,'' Russia, Ukraine nevertheless has tried to forge its own path in terms of policies, political structure, political culture, and political identity.

The Ukrainian economy has been in a …

[Introduction To] America And Enlightenment Constitutionalism, Gary L. Mcdowell, Johnathan O'Neill

Bookshelf

America and Enlightenment Constitutionalism shows in detail the Enlightenment origin of the U.S. Constitution. It provides vivid analysis of how the Enlightenment's basic ideas were reformulated in the context of America. It is particularly successful in bringing out the competing strains of Enlightenment thought and of articulating crucial Enlightenment concepts of public opinion, equality, public reason, legislature and judiciary, revolution, law, and the people in their American context. The collection is timely given contemporary debates between republicans and liberals about constitutional interpretation which are addressed throughout.

[Introduction To] Disability Rights And The American Social Safety Net, Jennifer L. Erkulwater

Bookshelf

The recent history of the American welfare state has been viewed with dismay by those on the left because of the steady contraction of benefits under both Republican and Democratic administrations. In contrast, Jennifer L. Erkulwater describes the remarkable success of advocacy for the disabled at a time when the federal government was seemingly impervious to liberal policy innovations.

Since the War on Poverty the American public's support for social-welfare policies has gradually eroded as conservative politicians have gained power and demographic changes and uncertain economic growth have enhanced pressures for fiscal retrenchment. Yet, the past thirty years have also …

Non-Competition Agreements And Research Productivity In The Biotechnology Industry, Porcher L. Taylor Iii, Joseph E. Coombs

School of Professional and Continuing Studies Faculty Publications

This paper examines the impact of the state-level legal structure, namely the legal support for non-competition agreements, on research productivity. Specifically, we study how California’s unique lack of non-competition agreement laws influences product develop when controlling for local munificence and firm-level technological capability. Our results indicate that California’s unique legal structure is negatively associated with research productivity as measured by the number of products in development at the time a biotechnology firm goes public. Further, firm size moderates this relationship such that the effect is stronger for smaller biotechnology firms.

Unraveling North Korea’S Preferences And Managing Its Nuclear Threat, Monti Narayan Datta

Political Science Faculty Publications

Chief among US national security concerns is the North Korean nuclear threat. Led by its reclusive, enigmatic leader, Kim Jong Il, the Democratic Peoples Republic of Korea (DPRK) is one of the last bastions of communism, representing a strategic and ideological challenge for the United States in the post-9/11 era. So great is the perceived threat of the DPRK, that in his 2002 State of the Union address, President Bush proclaimed, “States like these, and their terrorist allies, constitute an axis of evil, arming to threaten the peace of the world. By seeking weapons of mass destruction, these regimes pose …

No Quick Fix: Foreign Aid And State Performance In Yemen, Sheila Carapico

Political Science Faculty Publications

few of the world's poorest countries better exemplify American interests in government performance than Yemen. Long overshadowed by its oilrich Persian Gulf neighbors, Yemen gained attention as both an occasional target and a natural haven for militant regional paramilitary groups (including but not limited to al Qaeda). Headlines were made at a time when development analysts were already worried about ecological and economic stresses exacerbated by the strains of structural adjustment and critical water scarcity. In view of these circumstances, analysts began wondering if Yemen is an example of the combustible mix of poor governance and economic stagnation that could …

Killing Zone: What Can Be Done In Darfur?, Sandra F. Joireman

Political Science Faculty Publications

Christians from all traditions and from across the political spectrum have been pressing President Bush to try to get more United Nations peacekeeping troops on the ground in Darfur to stop the unrelenting violence there. The National Council of Churches endorsed the UN resolution in August that called for sending UN troops. In October, Evangelicals for Darfur, a coalition of Christian leaders—including Richard Land of the Southern Baptist Convention and Jim Wallis of Sojourners—took out full-page ads in newspapers calling for President Bush to do more to address the crisis.

Overcoming Apartheid: Can Truth Reconcile A Divided Nation? (Book Review), Sandra F. Joireman

Political Science Faculty Publications

Anyone engaged in conflict resolution, whether interpersonal or international, would agree that the process must begin with truth telling. But can truth telling be more than a beginning? Can it create a political environment hospitable to both perpetrator and victim?

The Evolution Of The Common Law: Legal Development In Kenya And India, Sandra F. Joireman

Political Science Faculty Publications

Recent cross-national studies of the institutional prerequisites of economic growth have identified common law systems as superior to those of civil law. The assumption is that all common law systems share a similarity of structure and law which creates an environment facilitating investment and contract enforcement. Yet, due to its evolutionary nature, common law is not everywhere the same, nor is the historical development of the common law similar in all countries. This paper makes this point by examining the political development of common law in India and Kenya, in order to compare their legal institutions and histories. Both of …

Hiv/Aids In Africa, Sandra F. Joireman

Political Science Faculty Publications

The response of the United States to the HIV/AIDS pandemic in Africa is an example of the redefined nature of security threats that characterizes the post-September 11 period. Even the most ardent realists now accept that serious threats exist to US security apart from those brewing in organized states. Scholars and governments have been forced to adopt a greater sensitivity to the issues that underlie international violence and terrorism, such as a lack of political freedom, state failure, poverty, and HIV/AIDS, the topic addressed in this chapter as an indirect threat to US security interests in Africa.¹

Freedom And Rights, Richard Dagger

Political Science Faculty Publications

Liberalism, of course, is quite a capacious theory, with room for liberals to debate quite vigorously among themselves, as well as with others, the meaning and significance of freedom, rights and other concepts. It is also capacious enough to allow for a rethinking of these concepts at a time of pressing environmental problems. Such a rethmking, I shall argue, should lead us to conceive of freedom and rights less as barriers or shields that protect individuals against interference - as forms of independence - and more as matters of organic growth and connection, or interdependence. Indeed, we must conceive …

Utilitarianism And Beyond: Contemporary Analytical Political Theory, David Miller, Richard Dagger

Political Science Faculty Publications

In this chapter we sketch a body of political thought that became predominant in the second half of the twentieth century among academic political philosophers, primarily in the English-speaking world, but increasingly elsewhere, too. To call this type of political thought ‘analytical’ may not be particularly revealing, but no other term better describes the movement in question. Sometimes ‘liberal political theory’ is used, and there is indeed a close connection between analytical theory and liberalism. But that label is in one way too broad and in another too narrow for this kind of political thinking: too broad because liberalism has …

Complying With The Help America Vote Act (Hava): Variations Among The States, Daniel Palazzolo, Sarah F. Liebschutz

Political Science Faculty Publications

Our focus is on both the causes for the variations in state compliance with HAVA and the consequences of HAVA requirements for election administration, with particular emphasis on the experiences of New Jersey, New York, and Pennsylvania in implementing HAVA. We identify administrative, political, and policy-related reasons for variations in HAVA compliance in each state. We also consider the effects of HAVA on state and local government interactions, funding decisions, and policy innovation. We begin by reviewing HAVA compliance requirements, describing how states responded to those requirements, and comparing New Jersey, New York, and Pennsylvania with the national norms for …

An Unholy Trinity: Aids, Poverty And Insecure Property Rights For Women In Africa, Sandra F. Joireman

Political Science Faculty Publications

Women in Africa have long had insecure rights to both moveable and immoveable property due to the coexistence of customary and statutory law, lack of clarity and poor enforcement of the formal rights to property that exist. Insecure property rights for women are most evident in the case of divorce or the death of a spouse when a woman loses access to land and household assets. This paper examines the issues of poverty, HIV/AIDS and property rights in the area where they intersect most vividly, women’s lives and livelihoods. The gendered nature of the HIV/AIDS pandemic in Africa is analyzed …