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Articles 1 - 16 of 16
Full-Text Articles in Political Theory
Natural Lights & Natural Rights: The Problem Of The New Classical Natural Law Theory, Charles Neville Cacciatore
Natural Lights & Natural Rights: The Problem Of The New Classical Natural Law Theory, Charles Neville Cacciatore
LSU Master's Theses
The present work examines the natural law jurisprudence of John Finnis. It argues that Finnis’s teaching is a genuinely new natural law theory. Finnis’s jurisprudence is not a re- presentation of the jurisprudence of St. Thomas Aquinas because its central element—a doctrine of natural rights—is a departure from Aquinas’s natural law teaching. In support of these claims, the present work relies upon the scholarship of Ernest L. Fortin, A.A. Following Fr. Fortin, it presents an understanding of the natural law that endorses a clear distinction between natural right and natural rights—between premodern political philosophy and modern political philosophy.
In Fear We Trust: Anxious Political Rhetoric & The Politics Of Punishment, 1960s-80s, Stella Michelle Frank
In Fear We Trust: Anxious Political Rhetoric & The Politics Of Punishment, 1960s-80s, Stella Michelle Frank
Senior Projects Spring 2019
Senior Project submitted to The Division of Social Studies of Bard College.
Book Review. Secession: The Morality Of Political Divorce From Fort Sumter To Lithuania And Quebec By Allen Buchanan, Mary Ellen O'Connell
Book Review. Secession: The Morality Of Political Divorce From Fort Sumter To Lithuania And Quebec By Allen Buchanan, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
Evolving Standards Of Decency: The Intersection Of Death Penalty Theory And Supreme Court Jurisprudence, Rachel S. Sullivan
Evolving Standards Of Decency: The Intersection Of Death Penalty Theory And Supreme Court Jurisprudence, Rachel S. Sullivan
Senior Independent Study Theses
The American death penalty must be abolished in order to establish a more just system of punishment. This thesis examines the arguments of eight political theorists and their connections with five essential Supreme Court cases on capital punishment in order to determine the Court's theoretical view of the American death penalty. This theoretical view is that justices who affirm the constitutionality of capital punishment use philosophical theories, while justices who critique capital punishment rely upon context-dependent analyses. If the Court ever rules that capital punishment is unconstitutional in all circumstances, these latter theories will be dispositive.
Epilogue: Some Sober Second Thoughts, Christopher Hoebeke
Epilogue: Some Sober Second Thoughts, Christopher Hoebeke
Christopher H Hoebeke
No abstract provided.
The Road To Mass Democracy: Original Intent And The Seventeenth Amendment, Christopher Hoebeke
The Road To Mass Democracy: Original Intent And The Seventeenth Amendment, Christopher Hoebeke
Christopher H Hoebeke
Until 1913 and passage of the Seventeenth Amendment to the United States Constitution, US senators were elected by state legislatures, not directly by the people. Progressive Era reformers urged this revision in answer to the corruption of state "machines" under the dominance of party bosses. They also believed that direct elections would make the Senate more responsive to popular concerns regarding the concentrations of business, capital, and labor that in the industrial era gave rise to a growing sense of individual voicelessness. Popular control over the higher affairs of government was thought to be possible, since the spread of information …
The Paradox Of Popular Sovereignty: An Introductory Essay, Christopher Hoebeke
The Paradox Of Popular Sovereignty: An Introductory Essay, Christopher Hoebeke
Christopher H Hoebeke
No abstract provided.
Silence Of The Laws? Conceptions Of International Relations And International Law In Hobbes, Kant, And Locke, Michael W. Doyle, Geoffrey S. Carlson
Silence Of The Laws? Conceptions Of International Relations And International Law In Hobbes, Kant, And Locke, Michael W. Doyle, Geoffrey S. Carlson
Faculty Scholarship
This Essay explains how the political theorists Hobbes, Kant, and Locke interpret the decision to go to war (us ad bellum) and the manner in which the war is conducted (just in bello). It also considers the implications of the three theories for compliance with international law more generally. It concludes that although all three can lay claim to certain key features of modern international law, it is Locke who provides the most complete support for both the laws of war, in particular, and with international law, in general.
The Opacity Of Transparency, Mark Fenster
The Opacity Of Transparency, Mark Fenster
Mark Fenster
Democratizing The Constitution: The Failure Of The Seventeenth Amendment, Christopher H. Hoebeke
Democratizing The Constitution: The Failure Of The Seventeenth Amendment, Christopher H. Hoebeke
Christopher H Hoebeke
No abstract provided.
The Road To Mass Democracy: Original Intent And The Seventeenth Amendment, Christopher Hoebeke
The Road To Mass Democracy: Original Intent And The Seventeenth Amendment, Christopher Hoebeke
Christopher H Hoebeke
No abstract provided.
Book Review. Secession: The Morality Of Political Divorce From Fort Sumter To Lithuania And Quebec By Allen Buchanan, Mary Ellen O'Connell
Book Review. Secession: The Morality Of Political Divorce From Fort Sumter To Lithuania And Quebec By Allen Buchanan, Mary Ellen O'Connell
Articles by Maurer Faculty
No abstract provided.
Book Review. Conceptual Change And The Constitution, Stephen A. Conrad
Book Review. Conceptual Change And The Constitution, Stephen A. Conrad
Articles by Maurer Faculty
No abstract provided.
Unification Of Political And Legal Theory, Jerome Hall
Unification Of Political And Legal Theory, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Book Review. Stone, J., The Providence And Function Of Law, Jerome Hall
Book Review. Stone, J., The Providence And Function Of Law, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Book Review. Waldo, D., The Administrative State: A Study Of The Political Theory Of American Public Administration, Ralph F. Fuchs
Book Review. Waldo, D., The Administrative State: A Study Of The Political Theory Of American Public Administration, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.