Open Access. Powered by Scholars. Published by Universities.®
Social and Behavioral Sciences Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 5 of 5
Full-Text Articles in Social and Behavioral Sciences
Crime, Morality, And Republicanism, Richard Dagger
Crime, Morality, And Republicanism, Richard Dagger
Political Science Faculty Publications
One of the abiding concerns of the philosophy of law has been to establish the relationship between law and morality. Within the criminal law, this concern often takes the form of debates over legal moralism--that is, "the position that immorality is sufficient for criminalization" (Alexander 2003: 131). This paper approaches these debates from the perspective of the recently revived republican tradition in politics and law. Contrary to what is usually taken to be liberalism's hostility to legal moralism, and especially to attempts to promote virtue through the criminal law, the republican approach takes the promotion of virtue to be one …
Party Capability And The U.S. Courts Of Appeals: Understanding Why The “Haves” Win, John Szmer, Donald R. Songer, Jennifer Barnes Bowie
Party Capability And The U.S. Courts Of Appeals: Understanding Why The “Haves” Win, John Szmer, Donald R. Songer, Jennifer Barnes Bowie
Political Science Faculty Publications
While many studies have examined party capability theory, few have empirically examined the potential causal mechanisms underlying the theory. We do this by combining quantitative analyses with qualitative data drawn from interviews with over 60 US courts of appeals judges. We find that the “haves,” or repeat players, hire better lawyers and that these lawyers independently contribute to the success of the repeat players. We also find that the advantages of the haves extend to all parties, though to a lesser extent than the advantages enjoyed by the US government. These results remain robust after controlling for ideology.
Playing Fair With Imprisonment, Richard Dagger
Playing Fair With Imprisonment, Richard Dagger
Political Science Faculty Publications
This chapter rests on two assumptions, at least one of which is controversial. The first is that something is wrong when a society imprisons as many people as the United States now does. According to a widely published columnist, George Will, the rate of imprisonment was about 100 per 100,000 Americans until the 1970s. Since then the rate has shot up, to the point where "700 per 100,000" are now in prison; "America," Will reported in 2013, "has nearly 5 percent of the world's population but almost 25 percent of its prisoners." It is possible, of course, that these figures …
A Long Time Gone: Post-Conflict Rural Property Restitution Under Customary Law, Sandra F. Joireman, Laura S. Meitzner Yoder
A Long Time Gone: Post-Conflict Rural Property Restitution Under Customary Law, Sandra F. Joireman, Laura S. Meitzner Yoder
Political Science Faculty Publications
Mass displacement of people due to violence poses a unique set of challenges for property restitution when people return to their homes after a long absence. This is particularly evident in rural areas where the dominant form of land holding is customary tenure. Violence-induced displacement, unlike voluntary migration, challenges both customary and public legaladministrative structures. The lack of written documentation of customary holdings and the importance of the support of community leaders means that incorporating returnees back into a community can be easier for those who choose to return, while reclaiming property without physical return is nearly impossible. This article …
Can Hunger End? (Book Review), Sandra F. Joireman
Can Hunger End? (Book Review), Sandra F. Joireman
Political Science Faculty Publications
In 2007 and 2008, food prices jumped sharply worldwide: wheat more than doubled in price, and rice was up by over half. In many parts of the world, people living on one or two dollars a day were simply unable to purchase the food they needed to survive. David Rieff’s book is framed by that unexpected spike in prices.