The Harm Principle, Legal Moralism, And The "Disintegration Thesis": On Lord Devlin Being Unable To Keep Playing The Smuggling Game,
2017
University of San Diego
The Harm Principle, Legal Moralism, And The "Disintegration Thesis": On Lord Devlin Being Unable To Keep Playing The Smuggling Game, Miguel Nogueira De Brito
San Diego Law Review
The topic of the legal enforcement of morals, understood as the “question of the legitimacy of ‘vice crimes’ or ‘victimless crimes,’” is a special facet of the more general issue of the limits of the law. It is the subject of the long-standing debate as to whether law—all law—can be used as a support for moral conceptions as such, or, more generally, whether there are limits on the use of law to enforce morality, as when it is claimed that the law must remain neutral as between different views of the good, be they religious or otherwise. Whether understood in …
Unparadoxical Liberalism,
2017
University of San Diego
Unparadoxical Liberalism, Andrew Koppelman
San Diego Law Review
Larry Alexander argues that liberalism is internally incoherent because it contains a paradox: it is committed to toleration, but if it tolerates illiberal ideas and practices it betrays itself. The paradox does not exist. Liberalism aims to tolerate as much diversity as it can consistent with the preservation of the liberal project. It has distinctive reasons to tolerate illiberal ideas, since it aims to be adopted by the citizenry consciously and with a full understanding of the alternatives. How much diversity can, in practice, be tolerated is a contingent question dependent on the facts of any particular time and place. …
Dignity, Rights, And The Role Of Consent In German Criminal Law,
2017
University of San Diego
Dignity, Rights, And The Role Of Consent In German Criminal Law, Kapsaski Ifigeneia
San Diego Law Review
This Article addresses the issue of protecting human dignity as a ground and a threshold for criminalization. Human dignity can be either a limit to the scope of criminal law or a reason that justifies criminalization. This inquiry will be conducted through the referral to two German cases regarding consensual conduct. The first concerns consensual maiming and killing of a person and the second concerns consensual incest between two adult siblings. This Article does not further examine questions on the ontology of consent; neither does it examine questions regarding validity of consent as rational and voluntary. The issue discussed here …
Legal Moralism Revisited,
2017
University of San Diego
Legal Moralism Revisited, Michael S. Moore
San Diego Law Review
I shall use this occasion mostly to clarify what the legal moralist theory of criminal legislation proclaims to be the proper limits on the reach of criminalization of behavior. But preliminarily, here in this Introduction, I want to remind readers of how the principle is motivated. First, recall what a principle of criminal legislation is. It consists of two closely related items. First of all, it is a principle that sets forth the proper aims of a legislature when that legislature drafts the prohibitions and requirements that constitute the “special part” of the substantive criminal law. It is, second, a …
The Porn Myth: Exposing The Myth Behind The Fantasy Of Pornography By Matt Fradd,
2017
University of Texas Health Science Center at San Antonio, USA
The Porn Myth: Exposing The Myth Behind The Fantasy Of Pornography By Matt Fradd, Donald L. Hilton Jr.
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Ethical Reform In Bangladesh’S Ready Made Garment Industry: Building On The Alliance And The Accord,
2017
Kennesaw State University
Ethical Reform In Bangladesh’S Ready Made Garment Industry: Building On The Alliance And The Accord, Serena Newhall
Siegel Institute Ethics Research Scholars
The Bangladeshi garment production industry was examined in terms of current building structure and fire safety mechanisms in place, and the opportunity to build upon those standards in order to strategically address growing market demands for ethically produced garments within the ready-made garment (RMG) industry. In determining whether Bangladesh’s RMG industry could pay above the country’s low minimum wage, and still remain competitive, a linear regression model was used to better understand and quantify the price sensitivity of the country’s RMG export products.
Historical Analysis: Textile And Apparel Trade,
2017
Kennesaw State University
Historical Analysis: Textile And Apparel Trade, Zachary Harris
Siegel Institute Ethics Research Scholars
This paper is an analysis of published articles that discuss the history of the Multi-Fiber Arrangement (MFA) to the Post-Agreement on Textile and Clothing (ATC) as well as evaluates the different dynamics and relationships formed by these agreements. The articles primarily focus on different aspects of the agreements and specific countries affected. Throughout all of the articles, industrialized countries and developed countries are interchangeable. A few articles, for example Growing Protectionism (1985), use the term Multi-Fibre Agreement (MFA), which is the same as Multi-Fiber Arrangement. The term European Union (EU) and European Community (EC) are also interchangeable. This paper examines …
The Evil Of Banality: On The Life And Death Importance Of Thinking By Elizabeth Minnich,
2017
Professor Emerita, Pennsylvania State University
The Evil Of Banality: On The Life And Death Importance Of Thinking By Elizabeth Minnich, Kathleen Barry
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Jobs For Justice(S): Corruption In The Supreme Court Of India,
2017
Singapore Management University
Jobs For Justice(S): Corruption In The Supreme Court Of India, Madhav S. Aney, Shubhankar Dam, Giovanni Ko
Research Collection School Of Economics
We investigate whether judicial decisions are affected by career concerns of judges byanalysing two questions: Do judges respond to pandering incentives by ruling in favourof the government in the hope of receiving jobs after retiring from the Court? Does thegovernment actually reward judges who ruled in its favour with prestigious jobs? To answerthese questions we construct a dataset of all Supreme Court of India cases involving thegovernment from 1999 till 2014, with an indicator for whether the decision was in its favouror not. We find that pandering incentives have a causal effect on judicial decision-making.The exposure of a judge to …
Decidedly Uncertain,
2017
CUNY Graduate Center
Decidedly Uncertain, Sophia I. Varosy
Dissertations, Theses, and Capstone Projects
My capstone project is meant to reflect the ideas I’ve been exposed to and the ways in which they have, as a consequence, influenced my life; the ways, I suppose, I can apply them. Over the course, or courses (literally), of my time spent at The CUNY Graduate Center, I felt (mostly) enthusiastic about the ideas and philosophies I was growing to at-least-marginally understand. However, as time passed I became increasingly more unsettled about my position as an “academic.” In other words, I found that I was moved and motivated to increase my understanding of things, but never did I …
A Normative Account Of Political Representation,
2017
CUNY Graduate Center
A Normative Account Of Political Representation, Kenneth R. Courtney
Dissertations, Theses, and Capstone Projects
The phrase “political obligation” has rarely suggested for theorists what it might for the person in the street, namely, the kinds and magnitudes of obligations held by our political representatives, as opposed to obligations held by citizens. In a related way, despite the existence of widespread expectations of political representatives, a theoretical account of these expectations and their normative import are subjects that have received surprisingly little attention. In what follows I develop an account of obligations and duties specifically belonging to political representatives. I argue that the relevant obligations derive in the first instance not from particular political or …
Thresholds Of Atrocity: Liberal Violence And The Politics Of Moral Vision,
2017
CUNY Graduate Center
Thresholds Of Atrocity: Liberal Violence And The Politics Of Moral Vision, Kristofer J. Petersen-Overton
Dissertations, Theses, and Capstone Projects
All political communities set normative limits to the acceptable use of force. A threshold of atrocity indicates the point at which acceptable violence meets the boundaries of the unacceptable. In liberal democratic states such norms are ostensibly set higher. Hence, there is a theoretical threshold to the modern state’s ability to act in ways that violate norms it claims to uphold. Paradoxically, thresholds of atrocity are almost never breached and unconscionable violence occurs regularly. This study seeks to explain the persistence of extreme violence by developing a theory of atrocity grounded in moral vision. Liberal democratic nation-states are able to …
Moral Practice In Late Stoicism And Buddhist Meditation,
2017
San Jose State University
Moral Practice In Late Stoicism And Buddhist Meditation, Michael Goerger
Comparative Philosophy
I argue in this essay that Stoic philosophers in the late Greco-Roman period utilized philosophical exercises and spiritual technologies similar in form to a meditative exercise currently practiced in Buddhism. I begin with an in-depth discussion of moral development in the late Stoa, focusing particularly on their theories of cosmopolitanism and oikeiōsis. These theoretical commitments, I argue, necessitated the adoption of exercises and practices designed to guide practitioners toward the goal of universal moral concern. Using insights gained from Buddhist practice, I identify passages in Stoic texts that call for and prescribe moral exercise. While much work in comparative philosophy …
Editor's Words,
2017
San Jose State University
Vol 8 No 1 Contents Page,
2017
San Jose State University
Vol 8 No 1 Information Page,
2017
San Jose State University
Vol 8 No 1 Cover Page,
2017
San Jose State University
Critical Theory And Global Development,
2017
Loyola University Chicago
Critical Theory And Global Development, David Ingram
Philosophy: Faculty Publications and Other Works
This chapter explores recent research by critical theorists concerning theories of (under)development. Drawing from the research of Thomas McCarthy, Axel Honneth, Jurgen Habermas, Amy Allen, Nancy Fraser, and others, the author explores some of the divergent responses critical theorists have given toward the theory and practice of global developmental assistance. Some theorists defending a strong modernist approach to development (e.g., McCarthy, Habermas and Honneth) appear to endorse a logic of development that works within a domesticated model of capitalist markets and lending practices; others (Allen and Fraser) reject this approach. The chapter raises questions about how development that fits within …
2017 Mlk Keynote Emory Douglas Program,
2017
Rhode Island School of Design
2017 Mlk Keynote Emory Douglas Program, Center For Social Equity & Inclusion, Emory Douglas
Martin Luther King, Jr. Series
Program for the 2017 MLK Keynote Address: Emory Douglas. An artist, educator and human rights activist, Emory Douglas served as the Minister of Culture for the Black Panther Party from 1967-80. Best known for his political drawings and cartoons in the Black Panther Newspaper, he articulated the injustices experienced by African Americans living in the inner city, the growing militancy and organization among urban black youth in the face of police violence and the need for community-based social programs. 2017 MLK Keynote, Emory Douglas discusses the process, meaning and impact of his artwork then and now.
2017 Mlk Keynote Emory Douglas Educational Foldout,
2017
Rhode Island School of Design
2017 Mlk Keynote Emory Douglas Educational Foldout, Center For Social Equity & Inclusion, Emory Douglas
Martin Luther King, Jr. Series
Educational foldout for the 2017 MLK Keynote Address: Emory Douglas. An artist, educator and human rights activist, Emory Douglas served as the Minister of Culture for the Black Panther Party from 1967-80. Best known for his political drawings and cartoons in the Black Panther Newspaper, he articulated the injustices experienced by African Americans living in the inner city, the growing militancy and organization among urban black youth in the face of police violence and the need for community-based social programs. 2017 MLK Keynote, Emory Douglas discusses the process, meaning and impact of his artwork then and now.
