Social and Behavioral Sciences Commons^™

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 …

Gender, Entitlement, And Obligation : Role Of Agency And Communion As Mediators, Arya Adhikari

Legacy Theses & Dissertations (2009 - 2024)

The aims of this study were to investigate whether there persists a gender difference between men and women regarding agency and communion, and whether agency and communion mediate the relationships between gender and two dependent variables of interest: entitlement and obligation. One hundred seventy-seven undergraduate students rated themselves on the following measures: Agency and Communion Scale (Roch, Ciancetta, and Mishra, 2019), Psychological Entitlement Scale (Campbell et al., 2004) and Felt Obligation Measure (Eisenberger et al., 2001), assessed on both the supervisor and organization level. Results suggested that women scored significantly higher than men in communion. Gender differences were not significant …

Children's Reasoning About In-Group And Out-Group Obligations, Karli Cecil, Julia Marshall, Paul Bloom

The Yale Undergraduate Research Journal

We examined whether children (ages 4-9 years) show in-group bias in expectations to help others as well as obligations to help others. We showed participants vignettes featuring two novel groups and a variety of scenarios where one character is in need and another is a bystander who notices this. Younger children did not show in-group bias in terms of expectations to help others, but an in-group bias was present in older children. For obligations, however, we did not find an interaction between age and group: children think you have to help in-group members more than out-group members, regardless of age. …

Economic Analysis Of Jewish Law, Keith Sharfman

Touro Law Review

No abstract provided.

Self Efficacy, Sense Of Belonging, And Sense Of Obligation In First Generation College Students, Bridgett Hernandez

Psychology | Senior Theses

First generation college (FGC) students are people whose parents didn’t earn a college degree (Stebleton, Soria, & Huesman, 2014). FGC students may come from marginalized backgrounds, which may limit or hinder their higher education experience (Nuñez, 2009). Self-efficacy is necessary for FGC students to surpass the challenges they face, as those who feel less capable don’t continue the pursuit of higher education. FGC students may feel like their demographics or the challenges they face are magnified by the salient stereotypes of their group identification (Wout, Danso, Jackson, & Spencer, 2008), which could then make them feel like they don’t belong …

A Duty To Document, Marc Kosciejew

Proceedings from the Document Academy

Access to information is a bedrock principle of contemporary democratic governments and their public agencies and entities. Access to information depends upon these public institutions to document their activities and decisions. When public institutions do not document their activities and decisions, citizens’ right of access is ultimately denied. Public accountability and trust, in addition to institutional memory and the historical record, are undermined without the creation of appropriate records. Establishing and enforcing a duty to document helps promote accountability, openness, transparency, good governance, and public trust in public institutions. A duty to document should therefore be a fundamental component of …

Slides: Policy Framework: Fpwec: First Peoples' Water Engagement Council, Phil Duncan, First Peoples' Water Engagement Council

Indigenous Water Justice Symposium (June 6)

Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council

25 slides

From Promise To Form: How Contracting Online Changes Consumers, David A. Hoffman

All Faculty Scholarship

I hypothesize that different experiences with online contracting have led some consumers to see contracts—both online and offline—in distinctive ways. Experimenting on a large, nationally representative sample, this paper provides evidence of age-based and experience-based differences in views of consumer contract formation and breach. I show that younger subjects who have entered into more online contracts are likelier than older ones to think that contracts can be formed online, that digital contracts are legitimate while oral contracts are not, and that contract law is unforgiving of breach.

I argue that such individual differences in views of contract formation and enforceability …

The Dark Side Of Volunteering : When Helping Might Hurt, Emily Morse

Honors Theses

This paper examines the relationship between implicit theories of intelligence and social dominance orientation (SDO) in the context of volunteering. While there is still little research on the subject, it has been shown that un- and undertrained volunteers often do more harm than good in the community. Community-based learning courses that send students out into vulnerable communities are common at most colleges and universities today; so examining the reasons why students volunteer as well as how effective they believe volunteering to be is important in order to help them avoid causing harm to vulnerable populations. Survey data from 261 college …

Why Law Matters For Our Obligations, Guyora Binder

Journal Articles

Political philosophers have long debated the problem of political and legal obligation: how the existence of a political community and its laws can affect our obligations. This paper applies Alon Harel’s argument that law has intrinsic value to this venerable problem. It interprets Harel’s argument as a Kantian claim that law enables us to treat our fellows with the respect they deserve, by requiring us not only to treat them decently, but to recognize decent treatment as their right.

Who's Legit: Parents Or Peers?, Chelsea K. Davignon, Devon L. Ayer

Student Research Projects

No abstract provided.

Experiences Of Adult Siblings Of Illicit Drug Users, Amy Mcalpine

Theses: Doctorates and Masters

The sibling relationship is unique in that it is relatively egalitarian, ascribed, and can be the longest-lasting across the lifespan. Siblings can act as supports for one another during major life events, both in childhood and adulthood. Siblings can also be a source of significant stress. The literature on family coping indicates that there are significant impacts to family members’ well-being from dealing with stress and strain that result from a family member’s drug use problem. However, researchers have not investigated the impacts on adult siblings despite the importance and uniqueness of sibling relationships. The broad aim of this research …

Opening And Closing The Moral Judgment--Moral Action Gap, Carol Frogley Ellertson

Theses and Dissertations

This study analyzed moral psychology's “moral judgment-moral action gap” research and found that morality was being described as a secondary phenomenon produced by underlying substrates (such as identity and self constructs, “brain modules,” and “evolved emotional systems”) which are themselves non-moral. Deriving morality from “the non-moral” presents a kind of ontological gap in the moral psychology research. Researchers implicitly close this gap assuming it is possible to get moral judgments and actions out of non-moral substrates. But the difficulty remains how the moral as “moral” becomes infused into any moral psychology models. Morality is not a secondary phenomenon arising out …

Achieving Obligation In Information Organization: Some Novel Approaches, Cary S. Daniel

Western Libraries Presentations

Information organized in any fashion needs to be understood, needs to be communicated in order to be useful.

Baudrillard’s views on consumers in and of a postmodern society are employed to describe the users (researchers) vis-à-vis interactions with the metadata described. Hyperreality leads naturally into Introna’s call for a personal relationship as the sine qua non of obligation. This, along with Wittgenstein’s notion of ambiguities in language (meaning) grounded in activities and practices, leads to an ethical level of practice.

A number of models are suggested to aid in communication and achieve obligation in information organization.

Attention Style And Appreciation: The Differences Between Gratitude And Indebtedness, Maureen A. Mathews

Theses and Dissertations

Gratitude and indebtedness are construed as separate constructs in recent research.It is hypothesized by this thesis that self-focused attention affects feelings of gratitude and indebtedness. Focusing less attention on the self, thus turning attention resources outward, may allow for the experience of gratitude, whereas focusing inward may create feelings of indebtedness. Two studies examined how focusing one's attention inward may be related to indebtedness, whereas being focused outward may be related to gratitude. A correlational study showed that people who self-focus tend to feel more indebtedness and less gratitude. An experiment was designed to show that manipulating social anxiety, a …

How And Understanding Of The Second Personal Standpoint Can Change Our Understanding Of The Law: Hart's Unpublished Response To Exclusive Legal Positivism, Robin B. Kar

ExpressO

This Article describes recent developments in moral philosophy on the “second personal standpoint,” and argues that they will have important ramifications for legal thought. Moral, legal and political thinkers have, for some time now, understood important distinctions between the first personal perspective (of deliberation) and the third personal perspective (of observation, cause and effect), and have plumbed these distinctions to great effect in their thought. This distinction is, in fact, implicit the law and economics movement’s “rational actor” model of decision, which currently dominates much legal academic thought. Recent developments in value theory due to philosopher Stephen Darwall suggest, however, …

Legal Theory And The Rule Of Law, Noel B. Reynolds

Faculty Publications

In "Legal Theory and the Rule of Law" Noel Reynolds maintains that the rule of law can be understood as a set of conditions that rational actors would impose on any authority they would create to act in their stead in creating and administering legally binding rules. The authority and obligation associated with law derive from this fundamental convention, and the principles of the rule of law are the conditions of that agreement, which become thereby governing principles to which legislatures, judges, and enforcement agencies can be held in their official actions. These generally recognized standards are inherent in this …

La Repubblica Di Sandel E L'Lo Incarnato, Richard Dagger

Political Science Faculty Publications

Quelli che vogliono conoscere cio per cui Sandel parteggia e cio contro cui combatte, quindi, hanno una buona ragione per dare il benvenuto a Democracy's Discontent. Se credono che la politica americana trarrebbe profitto da una corroborante (per non dire generosa) dose di repubblicanesimo, troveranno anche molte cose salutari nel libro. Come uno che si considera dentro entrambi questi gruppi, io credo che Sandel sia stato saggio a prendere una qualche distanza dal comunitarismo, e ancora piu saggio a sottoscrivere l'enfasi repubblicana sulla formazione dei cittadini e la coltivazione delle virtU civiche. Ma sbaglia nel continuare a opporsi al …

Legal Theory And The Rule Of Law, Noel B. Reynolds

Noel B Reynolds

In "Legal Theory and the Rule of Law" Noel Reynolds maintains that the rule of law can be understood as a set of conditions that rational actors would impose on any authority they would create to act in their stead in creating and administering legally binding rules. The authority and obligation associated with law derive from this fundamental convention, and the principles of the rule of law are the conditions of that agreement, which become thereby governing principles to which legislatures, judges, and enforcement agencies can be held in their official actions. These generally recognized standards are inherent in this …

The Sandelian Republic And The Encumbered Self, Richard Dagger

Political Science Faculty Publications

In Democracy's Discontent, Michael Sandel argues for a revival of the republican tradition in order to counteract the pernicious effects of contemporary liberalism. As in his earlier work, Sandel charges that liberals who embrace the ideals of political neutrality and the unencumbered self are engaged in a selfsubverting enterprise, for no society that lives by these ideals can sustain itself. Sandel is right to endorse the republican emphasis on forming citizens and cultivating civic virtues. By opposing liberalism as vigorously as he does, however, he engages in a self-subverting enterprise of his own. That is, Sandel is in danger …

Obligations And Penalties Under Lemon Laws: Automobiles Versus Tractors, Terence J. Centner, Michael E. Wetzstein

Department of Agricultural Economics: Faculty Publications

Distinctive new provisions of tractor lemon laws which create obligations and provide penalties for defective self-propelled agricultural equipment are contrasted with provisions of automobile lemon laws. Lemon-law obligations involve both producers' guarantees to provide consumers with a serviceable vehicle and producers' promises to remedy defects. Due to fewer manufacturer obligations under the tractor lemon laws as opposed to automobile lemon laws, tractors may be expected to have more defects than automobiles. Yet the tractor lemon laws contain fewer penalties in the form of restitution remedies. The inconsistences of these obligations and penalties suggest tractor laws may be inefficient.

Legal Theory And The Obligation To Obey, Philip E. Soper

Articles

Contributions to this symposium will undoubtedly share, with other recent discussions of the issue, the assumption that one does not need to decide what law is before deciding whether there is an obligation to obey it. More precisely, the assumption seems to be that our ordinary, pre-analytic understanding of "law" provides a completely adequate base for discussions about law's moral authority. The more refined disputes about the nature of law that dominate analytical jurisprudence can thus be ignored.

A History Of General Obligation Bonding In Logan City, Kenneth W. Godfrey

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

Borrowing is of great importance in meeting local revenue shortages. Philadelphia began the history of local borrowing by financing the construction of a water system in 1789, from a loan of $150,000. By 1843, the seventeen largest cities had an outstanding indebtedness of $125.5 million. In the 1840's and 1850's cities and counties borrowed to construct public works, and aid in the building of railroads. They defaulted on their loans frequently. In spite of the low state of municipal credit, state governments enacted general legislation by which the local governments were granted greater freedom in borrowing. But after the Civil …