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Articles 1 - 6 of 6
Full-Text Articles in Law
Sovereignty And Complex Interdependence: Some Surprising Indications Of Their Compatibility, Charles F. Sabel
Sovereignty And Complex Interdependence: Some Surprising Indications Of Their Compatibility, Charles F. Sabel
Faculty Scholarship
Even as democratic sovereignty and globalization are increasingly seen as incompatible in theory, this chapter argues that, in some important realms, they are proving compatible in practice. As tariffs have fallen to negligible levels, trade agreements among rich countries have come to focus on reconciling regulatory differences. In many sectors, novel forms of cooperation have emerged that allow trade partners deliberately to investigate and learn from one another’s practices, eventually recognizing the equivalence of regimes that are not strictly identical — and in the process extending domestic political oversight to relations among states while often heightening domestic accountability. The emergent …
On Waldron's Critique Of Raz On Human Rights, Joseph Raz
On Waldron's Critique Of Raz On Human Rights, Joseph Raz
Faculty Scholarship
This commentary responds to Waldron’s “Human Rights: A Critique of the Raz/Rawls Approach”. It points out that some supposed criticisms are nothing more than observations on conditions that any account of rights must meet, and that Waldron’s objections to Raz are due to misunderstanding his thesis and its theoretical goal. The short comment tries to clarify that goal.
Reasons: Explanatory And Normative, Joseph Raz
Reasons: Explanatory And Normative, Joseph Raz
Faculty Scholarship
‘A reason’ has two meanings: explanatory reasons are facts that contribute to an explanation (of anything explained); normative reasons are facts that favour and guide responses, in one’s emotions, beliefs, actions, etc., to how things are. The two kinds of reasons are connected by their connection to the capacity of Reason, or rationality, and by the normative/explanatory nexus, i.e. by the fact that normative reasons can explain the response that they favour. Normative reasons are — potentially — explanatory reasons, but the explanations they provide are of a special kind that presupposes their normative character. The chapter builds on …
Secularism, Religion, And Liberal Democracy In The United States, Kent Greenawalt
Secularism, Religion, And Liberal Democracy In The United States, Kent Greenawalt
Faculty Scholarship
This essay is divided into three categories: some brief remarks about forms of secularism, an outline of American constitutional law as it relates to religion, and a discussion from the standpoint of political philosophy of the proper place of religion (and other similar perspectives) in making political decisions within liberal democracies. Because the audience for whom the oral comments from which the essay is derived was mainly non-American, the middle part of the essay sets out many propositions familiar to anyone acquainted with this branch of constitutional law. And because of the informal nature of the original presentation, I offer …
Church-State Relations And Religious Convictions, Kent Greenawalt
Church-State Relations And Religious Convictions, Kent Greenawalt
Faculty Scholarship
Since the title of my talk is hardly self-explanatory, I want to begin by outlining my topic. My overall concern is with the proper place of religious convictions in lawmaking in our society. My special focus is on the place of religious convictions in the political resolution of churchstate issues.
Vietnam Amnesty – Problems Of Justice And Line-Drawing, Kent Greenawalt
Vietnam Amnesty – Problems Of Justice And Line-Drawing, Kent Greenawalt
Faculty Scholarship
The troublesome issue of pardon for crimes connected with the Vietnam War raises some of the most complex and difficult questions in the philosophy of law. What are the purposes of criminal punishment? Under what conditions is violation of obligations imposed by law morally justified? When, and on what conditions, is it proper to excuse those who have violated the law for conscientious reasons? How much should decisions whether to pardon turn on what offenders "deserve" and how much should they turn on what will be socially acceptable and promote future social harmony? How far should the desirability of dispositions …