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Full-Text Articles in Arts and Humanities
The Role Of Recognition In Kelsen's Account Of Legal Obligation And Political Duty, David Ingram
The Role Of Recognition In Kelsen's Account Of Legal Obligation And Political Duty, David Ingram
Philosophy: Faculty Publications and Other Works
Kelsen’s critique of absolute sovereignty famously appeals to a basic norm of international recognition. However, in his discussion of legal obligation, generally speaking, he notoriously rejects mutual recognition as having any normative consequence. I argue that this apparent contradiction in Kelsen's estimate regarding the normative force of recognition is resolved in his dynamic account of the democratic generation of law. Democracy is embedded within a modern political ethos that obligates legal subjects to recognize each other along four dimensions: as contractors whose mutually beneficial cooperation measures esteem by fair standards of contribution; as autonomous agents endowed with equal rights; as …
Book Review: Postgenocide: Interdisciplinary Reflections On The Effects Of Genocide, Aldo Zammit Borda
Book Review: Postgenocide: Interdisciplinary Reflections On The Effects Of Genocide, Aldo Zammit Borda
Genocide Studies and Prevention: An International Journal
No abstract provided.
Johnson V. M'Intosh: Christianity, Genocide, And The Dispossession Of Indigenous Peoples, Cynthia J. Boshell
Johnson V. M'Intosh: Christianity, Genocide, And The Dispossession Of Indigenous Peoples, Cynthia J. Boshell
Cal Poly Humboldt theses and projects
Using hermeneutical methodology, this paper examines some of the legal fictions that form the foundation of Federal Indian Law. The text of the U.S. Supreme Court’s 1823 Johnson v. M’Intosh opinion is evaluated through the lens of the Convention on the Prevention and Punishment of the Crime of Genocide to determine the extent to which the Supreme Court incorporated genocidal principles into United States common law. The genealogy of M’Intosh is examined to identify influences that are not fully apparent on the face of the case. International jurisprudential interpretations of the legal definition of genocide are summarized and used as …