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Full-Text Articles in Social and Behavioral Sciences

Keeping It Complex With Philip Hunton, John Locke, And The United States Federal Judiciary: On The Merit Of Murkiness In Separation Of Powers Jurisprudence, Michelle M. Kundmueller Jan 2022

Keeping It Complex With Philip Hunton, John Locke, And The United States Federal Judiciary: On The Merit Of Murkiness In Separation Of Powers Jurisprudence, Michelle M. Kundmueller

Political Science & Geography Faculty Publications

This article draws on the resources of a little-known political theorist, Philip Hunton, to explain the function of “murky” jurisprudence in the maintenance of separation of powers over time. In the era immediately before the drafting of the United States Constitution, separation of powers was a touted remedy to tyranny. But if government is thus moderated, a critical question arises: who will judge the precise contours of each institution’s powers? This article addresses this longstanding question by comparing the solutions offered by Philip Hunton, John Locke, and the United States judiciary. I conclude that the judiciary’s decried inability to clarify …


To Kill A Mockingbird And Legal Ethics: On The Role Of Atticus Finch’S Attic Rhetoric In Fulfillment Of Duties To Client, To Court, To Society, And To Self, Michelle M. Kundmueller Dec 2019

To Kill A Mockingbird And Legal Ethics: On The Role Of Atticus Finch’S Attic Rhetoric In Fulfillment Of Duties To Client, To Court, To Society, And To Self, Michelle M. Kundmueller

Political Science & Geography Faculty Publications

Atticus Finch, protagonist of Harper Lee’s To Kill a Mockingbird and longtime hero of the American bar, is well known, but he is not well understood. This article unlocks the secret to his status as the most admired of fictional attorneys by demonstrating the role that his rhetoric plays in his exemplary fulfillment of the duties of an attorney to zealously represent clients, to serve as an officer of the court, and to act as a public citizen with a special responsibility for the quality of justice. Always using the simplest accurate wording, focusing on reason over emotion, and speaking …


The Role Of Elites In The Diffusion Of Social Norms Of Humanitarianism, Khadijeh Salimi, Erika Frydenlund, Jose J. Padilla, Hanne Haaland, Hege Wallevik Apr 2019

The Role Of Elites In The Diffusion Of Social Norms Of Humanitarianism, Khadijeh Salimi, Erika Frydenlund, Jose J. Padilla, Hanne Haaland, Hege Wallevik

Political Science & Geography Faculty Publications

Certain social norms evolve without punishment as conventions that do not adversely affect society. In this paper, we depart from the notion that humanitarianism is one such social norm, where peer pressure may be the only type of punishment that encourages individuals to conform. Using an agent-based modeling approach, we examine the role that networked elites have in diffusing a non-punishment-enforced norm through an artificial society. The model considers norm advocates who promote a norm of humanitarianism, elites who have wide networks to spread the new norm, and general individuals who evaluate the norm pushed from elites and adopted by …