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Full-Text Articles in Law
The Role Of Recognition In Kelsen's Account Of Legal Obligation And Political Duty, David Ingram
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 …
Pursuit Of The Vote: Factors Utilized In Resisting Discrimination In Democratic Elections, Matthew Nicholson
Pursuit Of The Vote: Factors Utilized In Resisting Discrimination In Democratic Elections, Matthew Nicholson
Honors Scholars Collaborative Projects
Suffrage movements make use of various social and political factors to pressure their governments to expand the scope of voting rights. Using McAdam’s political process model, I will analyze how disenfranchised groups’ use of nonviolent demonstration, appeals to international pressure, and appeals to religion, affects their success. This will also highlight patterns that emerge when groups are willing to instigate violence in pursuit of their goals. Most studies examine these variables in the context of the pursuit of independence or revolution, whereas this study focuses on groups wishing to remain within a system given their desired reforms. I will analyze …