Social and Behavioral Sciences Commons^™

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 …

Remoulding The Critical Junctures Approach, John Hogan

Articles

This paper improves our understanding of critical junctures, a concept employed in historical institutionalism for exploring change. However, the concept lacks rigour, weakening our ability to define critical junctures. Of late, academics have utilized other mechanisms to identify change in historical institutionalism. Thus, it is within this context that the critical junctures approach is remoulded through the specification of standards, hence reducing uncertainty as to what constitutes a critical juncture. The remoulded approach is employed here in examining change in the Irish Congress of Trade Unions’ ~ICTU! influence over public policy in 1987.

Reviewed Work: Understanding Institutional Diversity By Elinor Ostrom, Jonathan G.S. Koppell

Publications from President Jonathan G.S. Koppell

No abstract provided.

The Politic 2006 Summer, The Politic, Inc.

The Politic

No abstract provided.

Entertaining Politics And The College Student, Alexandra Rubin

Senior Honors Projects

Mass media is crucial in forming and reflecting opinion in society. Newspaper, television, and the internet all play a critical role in the daily lives of Americans; disseminating information that shapes views of life, culture, and politics. It seems like all forms of media communication, either subliminally or blatantly, reflect the political climate of the day. The news media flood American homes with images, audio, and commentary on political happenings. My questions are as follows: How much basic political knowledge does an average college student possess? Where does the average college student receive his or her political knowledge? Does celebrity …

Gambling For Certainty: Luck, Chance, And Uncertainty In Politics, Mindy Peden, Nicole Rishel

Political Science

How much of what we do is the result of our will, and how much the result of chance or luck or fortune? This is a decidedly un-decidable question, but one that needs to be asked. The general assumption seems to be that a person’s “lot” in life is physically, morally, politically, even romantically linked to choice. But the use of the term “lot” betrays the underlying uncertainty of what “causes” our “lot”, laying bare questions of responsibility, burden, and even explanation. Much (perhaps at the very least 50% according to Machiavelli) of what happens in our lives can be …

Confronting Globalization: Humanity, Justice, And The Renewal Of Politics (Book Review), Steven Michels

Political Science & Global Affairs Faculty Publications

Book review by Steven Michels:

Hayden, Patrick and Chamsy el-Ojeili. Confronting Globalization: Humanity, Justice, and the Renewal of Politics. New York: Palgrave Macmillan, 2005.

ISBN: 9781403945556

The Politic 2006 Spring, The Politic, Inc.

The Politic

No abstract provided.

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 …

The Refund Booth: Using The Principle Of Symmetric Information To Improve Campaign Finance Regulation, Ian Ayres, Bruce Ackerman

Philip A. Hart Memorial Lecture

On March 22, 2006, Professor of Law, Ian Ayres of Yale Law School, delivered the Georgetown Law Center’s twenty-sixth Annual Philip A. Hart Memorial Lecture: "The Refund Booth: Using the Principle of Symmetric Information to Improve Campaign Finance Regulation." The article, The Secret Refund Booth, was co-authored with Professor Bruce Ackerman of Yale University.

Ian Ayres is a lawyer and an economist. He is the William K. Townsend Professor of Law and Anne Urowsky Professorial Fellow in Law at Yale Law School and a Professor at Yale's School of Management. He is the editor of the Journal of Law, …

Recognizing Victimhood, Christine Wilke

Studio for Law and Culture

The category of victimhood resonates deeply with many contemporary struggles for recognition without, however, receiving similar attention by political theories of recognition. Many “struggles for recognition” are fought with explicit reference to massive injustice that have ceased without having been publicly recognized as injustices. The state responses to claims for the recognition of victimhood mirror, I will argue, the state’s dominant conceptions of justice and injustice. In many cases, the state affirms its conceptions of injustice and moral innocence through the selective recognition of victims. For example, the U.S. government has granted Japanese-Americans interned during the Second World War an …

Race And Place: Social Space In The Production Of Human Kinds, Ronald Sundstrom

Philosophy

Recent discussions of human categories have suffered from an over emphasis on intention and language, and have not paid enough attention to the role of material conditions, and, specifically, of social space in the construction of human categories. The relationship between human categories and social spaces is vital, especially with the categories of class, race, and gender. This paper argues that social space is not merely the consequent of the division of the world into social categories; it is constitutive of social categories. To put it more bluntly, if who we are is bound up with place, then not only …

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 …

What Do We Owe Each Other In The Global Economic Order?: Constructivist And Contractualist Accounts, John Linarelli

Scholarly Works

No legal system deserving of continued support can exist without an adequate theory of justice. A world trade constitution cannot credibly exist without a clear notion of justice upon which to base a consensus. This paper examines two accounts of fairness found in moral philosophy, those of John Rawls and Tim Scanlon. The Rawlsian theory of justice is well-known to legal scholars. Scanlon's contractualist account may be less well-known. The aim of the paper is to start the discussion as to how fairness theories can be used to develop the tools for examining international economic policies and institutions. After elaborating …

When Does Deliberating Improve Decisionmaking?, Mathew D. Mccubbins, Daniel B. Rodriguez

Faculty Scholarship

No abstract provided.

Book Review. When All Else Fails: Government As The Ultimate Risk Manager By David A. Moss, Ajay K. Mehrotra

Articles by Maurer Faculty

No abstract provided.

Commodification And Contract Formation: Placing The Consideration Doctrine On Stronger Foundations, David Gamage, Allon Kedem

Articles by Maurer Faculty

Under the traditional consideration doctrine, a promise is only legally enforceable if it is made in exchange for something of value. This doctrine lies at the heart of contract law, yet it lacks a sound theoretical justification a fact that has confounded generations of scholars and created a mess of case law.

This article argues that the failure of traditional justifications for the doctrine comes from two mistaken assumptions. First, previous scholars have assumed that anyone can back a promise with nominal consideration if they wish to do so. We show how social norms against commodification limit the availability of …

The Mirage Of Global Justice, Chandran Kukathas

Research Collection School of Social Sciences

The political pursuit of global justice is not a worthy goal, and our aims in establishing international legal and political institutions should be more modest. The pursuit of justice in the international order is dangerous to the extent that it requires the establishment of powerful supranational agencies, or legitimizes greater and more frequent exercise of political, economic, and military power by strong states or coalitions. The primary concern in the establishment and design of all legal and political institutions should be not to secure justice but to limit power. It is a mistake to think that a distinction can be …

Aspirational Rights And The Two-Output Thesis, Mitchell N. Berman

All Faculty Scholarship

No abstract provided.

Rights Of Culture, Rights Of Conscience, Chandran Kukathas

Research Collection School of Social Sciences

In this contribution I take up a particularly troubling issue in the theory of human rights. It is the issue of intervention to defend or uphold — or re-assert and re-establish — human rights. The issue is a troubling one because intervention in the affairs of others is always something we should be wary of, not least because history is full of unhappy episodes of intervention, from the Spanish in the Americas to the Chinese in Tibet. Indeed, so difficult and complex are the issues raised that one might be tempted in a discussion of human rights simply to separate …