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Articles 1 - 13 of 13
Full-Text Articles in Political Theory
The Politic 2003 Fall, The Politic, Inc.
The Politic 2003 Spring, The Politic, Inc.
Cultural Rights And Internal Minorities: Of Pueblos And Protestants, Andrew M. Robinson
Cultural Rights And Internal Minorities: Of Pueblos And Protestants, Andrew M. Robinson
Political Science Faculty Publications
This article considers the question: should rights extended to cultural communities to help them preserve themselves include the right to discipline dissident members who violate cultural norms? The case of the Pueblo Protestants is employed to consider two important defenses of cultural rights (revisionist liberal and cultural communitarian) that offer conflicting answers. Both are found unsatisfactory because of their implicit reliance on “cultural monism” (that is, the assumption that individuals identify with only one cultural community). An approach to defining cultural rights is then outlined that avoids this assumption and its application is illustrated with respect to the Pueblo case.
The Logic Of Aboriginal Rights, Duncan Ivison
The Logic Of Aboriginal Rights, Duncan Ivison
Aboriginal Policy Research Consortium International (APRCi)
Are there any aboriginal rights? If there are, then what kind of rights are they? Are they human rights adapted and shaped to the circumstances of indigenous peoples? Or are they specific cultural rights, exclusive to members of aboriginal societies? In recent liberal political theory, aboriginal rights are often conceived of as cultural rights and thus as group rights. As a result, they are vulner- able to at least three kinds of objections: i) that culture is not a primary good relevant to the currency of egalitarian justice; ii) that group rights are inimical to the moral individualism of liberal …
On The Analytic-Continental Divide In Philosophy: Nietzsche's Lying Truth, Heidegger's Speaking Language, And Philosophy, Babette Babich
On The Analytic-Continental Divide In Philosophy: Nietzsche's Lying Truth, Heidegger's Speaking Language, And Philosophy, Babette Babich
Articles and Chapters in Academic Book Collections
This article explores the question of the nature of the differences between analytic and continental styles of philosophizing, raising the political stakes of the professional differentiation between, and especially: the denial of the difference between analytic philosophy and continental philosophy. Discusses the question of the annexation of the philosophical themes of continental philosophy on the part of analytic philosophy, annexation because it is not dialogical or hermeneutical, appropriation or cooption simply by refusing the distinction between styles altogether.
Toward A Lutheran "Delight In The Law Of The Lord": Church And State In The Context Of Civil Society, Gary M. Simpson
Toward A Lutheran "Delight In The Law Of The Lord": Church And State In The Context Of Civil Society, Gary M. Simpson
Faculty Publications
No abstract provided.
Kuhn's Paradigm As A Parable For The Cold War: Incommensurability And Its Discontents From Fuller's Tale Of Harvard To Fleck's Unsung Lvov, Babette Babich
Kuhn's Paradigm As A Parable For The Cold War: Incommensurability And Its Discontents From Fuller's Tale Of Harvard To Fleck's Unsung Lvov, Babette Babich
Articles and Chapters in Academic Book Collections
In a journal issue dedicated to a discussion of Steve Fuller's Thomas Kuhn: A Philosophical History for Our Times, I argue that Kuhn’s limited acknowledgment of Fleck’s influence on his The Structure of Scientific Revolutions was due to a foundational incommensurability between the standard conceptual framework for philosophical studies of science and Fleck’s historico-social and praxis-oriented approach to scientific progress. The incommensurability in question constituted an insurmountable tension between the kind of language and thinking manifest in Fleck’s study and the conceptual language evident in Kuhn and characteristic of one might still call the received view’ in philosophy of science. …
The Rise And Demise Of The Technology-Specific Approach To The First Amendment, Christopher S. Yoo
The Rise And Demise Of The Technology-Specific Approach To The First Amendment, Christopher S. Yoo
All Faculty Scholarship
This article examines how analytical, technological, and doctrinal developments are forcing the courts to reconsider their media-specific approach to assessing the constitutionality of media regulation. In particular, it offers a comprehensive reevaluation of the continuing validity of the Broadcast Model of regulation, which contains features, such as licensing and direct content regulation, that normally would be considered paradigmatic violations of the First Amendment. Specifically, the analysis assesses the theoretical coherence of the traditional justification for extending a lesser degree of First Amendment protection to broadcasting than to other media (i.e., the physical scarcity of the electromagnetic spectrum) as well as …
Something For Nothing: Liberal Justice And Welfare Work Requirements, Amy L. Wax
Something For Nothing: Liberal Justice And Welfare Work Requirements, Amy L. Wax
All Faculty Scholarship
Welfare reform legislation enacted in 1996, which created the Temporary Assistance for Needy Families (TANF) program, makes entitlement to federal poor relief conditional on fulfilling work requirements. The article addresses the following timely question: whether just liberal societies should require work as a condition of public assistance for the able-bodied, or whether aid should be provided unconditionally through, for example, a basic guaranteed income for all. Drawing on the work of liberal egalitarian theorists, the article investigates whether standard liberal theories of justice can help make sense of arguments commonly voiced in favor of work requirements: that unconditional welfare guarantees, …
What Do We Mean By "Judicial Independence"?, Stephen B. Burbank
What Do We Mean By "Judicial Independence"?, Stephen B. Burbank
All Faculty Scholarship
In this article, the author argues that the concept of "judicial independence" has served more as an object of rhetoric than it has of sustained study. He views the scholarly literatures that treat it as ships passing in the night, each subject to weaknesses that reflect the needs and fashions of the discipline, but all tending to ignore courts other than the Supreme Court of the United States. Seeking both greater rigor and greater flexibility than one usually finds in public policy debates about, and in the legal and political science literatures on, judicial independence, the author attributes much of …
Communicative Action, Strategic Action, And Inter-Group Dialogue, Michael James
Communicative Action, Strategic Action, And Inter-Group Dialogue, Michael James
Faculty Journal Articles
A consensus has emerged among many normative theorists of cultural pluralism that dialogue is the key to securing just relations among ethnic or cultural groups. However, few normative theorists have explored the conditions or incentives that enable inter-group dialogue versus those that encourage inter-group conflict. To address this problem, I use Habermas’s distinction between communicative and strategic action, since many models of inter-group dialogue implicitly rely upon communicative action, while many accounts of inter-group conflict rest upon strategic action. Drawing on explanatory accounts of inter-group conflict, I outline five strategic logics of group conflict, what I call the resource, political, …
Reconceptualizing Criminal Law Defenses, Victoria Nourse
Reconceptualizing Criminal Law Defenses, Victoria Nourse
Georgetown Law Faculty Publications and Other Works
In 1933, one of the leading theorists of the criminal law, Jerome Michael, wrote openly of the criminal law "as an instrument of the state." Today, criminal law is largely allergic to claims of political theory; commentators obsess about theories of deterrence and retribution, and the technical details of model codes and sentencing grids, but rarely speak of institutional effects or political commitments. In this article, the author aims to change that emphasis and to examine the criminal law as a tool for governance. Her approach is explicitly constructive: it accepts the criminal law that we have, places it in …
The Cultural Contradictions Of Socialism, Chandran Kukathas
The Cultural Contradictions Of Socialism, Chandran Kukathas
Research Collection School of Social Sciences
While no one has yet announced the death of capitalism, reports of its imminent demise have been as numerous as they have been exaggerated. Such reports have usually been bolstered by thoughtful analyses of the fundamental contradictions of capitalism, which was expected to come sliding—if not crashing—down under the weight of its own inconsistencies. Leaving aside Karl Marx's own predictions, twentieth-century analysts as diverse as Joseph Schumpeter, Daniel Bell, and Jurgen Habermas have asserted that the contradictions of capitalism could only mean that its days were numbered. Alas, all that has been established by these analyses is that predictive failure …