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Full-Text Articles in Social and Behavioral Sciences

Possibilidades De Uma História Pragmática Do Político, William J. Novak, Stephen W. Sawyer Jan 2022

Possibilidades De Uma História Pragmática Do Político, William J. Novak, Stephen W. Sawyer

Articles

This essay is an initial attempt to posit a method which has slowly taken shape through our individual and collaborative investigations into the history of democracy in the United States and France. Our overall approach builds on a number of diverse methodological influences, but in this particular essay we highlight just two of the most influential precedents for our work: first, the pragmatic-hermeneutical approach most explicitly outlined by James T. Kloppenberg in his “Thinking Historically : A Manifesto of Pragmatic Hermeneutics” and second, Pierre Rosanvallon's methodological essays on the theme of “Une histoire conceptuelle du politique,” ​​which he launched with …


International Law And Political Philosophy: Uncovering New Linkages, Steven R. Ratner Apr 2019

International Law And Political Philosophy: Uncovering New Linkages, Steven R. Ratner

Articles

The legal regime regulating cross-border investment gives key rights to foreign investors and places significant duties on states hosting that investment. It also raises distinctive moral questions due to its potential to constrain a state’s ability to manage its economy and protect its people. Yet international investment law remains virtually untouched as a subject of philosophical inquiry. The questions of international political morality surrounding investment rules can be mapped through the lens of two critiques of the law – that it systemically takes advantage of the global South and that it constrains the policy choices of states hosting investment. Each …


Quentin Skinner, The Foundations Of Modern Political Thought, Donald J. Herzog Aug 2017

Quentin Skinner, The Foundations Of Modern Political Thought, Donald J. Herzog

Book Chapters

"In The Foundations of Modern Political Thought, Quentin Skinner has three aims: creating a sort of reference book for hundreds of primary texts in multiple languages, illuminating a more general historical theme using late medieval and early modern political texts, and giving us a history of political thought with a genuinely historical character. Skinner allows us to see political theorists creatively wrestling with difficult political problems of their day, and attempting to solve them through their writing. Skinner’s critics, however, cannot shake the sense that placing these texts in historical contexts robs them of some of their profundity and value …


Review Of Common Sense: A Political History, Don Herzog Nov 2012

Review Of Common Sense: A Political History, Don Herzog

Reviews

This is a completely charming book: smart, literate, subtle, putting pressure in all the right places. Rosenfeld wants to show that surprisingly much of modern political history--the rise of democracy; its anxious and baleful critics; the turn against priestcraft, statecraft, and babbling intellectuals-- is distilled in invocations of common sense. She's calmly and confidently in control of disparate and illuminating material, from England to Amsterdam, Philadelphia to Paris, the seventeenth century to the twentieth. Even readers not persuaded of some of her central claims will enjoy feasting on the often hilarious primary sources she lays out.


Rethinking Legality/Legitimacy After The Iraq War, Christine Chinkin Mar 2012

Rethinking Legality/Legitimacy After The Iraq War, Christine Chinkin

Book Chapters

My topic is legality and legitimacy after the Iraq war. I will start by problematizing the question. First, it is too limited. Why should the question be defined in terms of "after the Iraq war;' not after some other event such as the war in the Democratic Republic of the Congo where some four million people have died and where the health consequences of HIV/ AIDS will continue for generations? Events, even catastrophic events, from which powerful actors have remained aloof, have little visibility as key incidents in the evolution of international law. They are not deemed the "moments of …


Democratic Discussion, Kinder R. Donald, Don Herzog Jan 2009

Democratic Discussion, Kinder R. Donald, Don Herzog

Book Chapters

In this piece one of the country’s most accomplished survey researchers joins forces with a major democratic theorist (they happen to be colleagues at the same institution, the University of Michigan)—and together they try to reconcile what might seem irreconcilable: survey research findings about voter ignorance, on the one hand, with John Stuart Mill’s ideal of government by discussion, on the other. Read them carefully to ascertain the basis of reconciliation, for it is subtle: they extrapolate from John Dewey’s concept of “contingent social practices.” That is undoubtedly a mouthful, but it implies—as you will see—that the relative political sophistication …


Alternatives To Economic Sanctions, Christine M. Chinkin Jan 2002

Alternatives To Economic Sanctions, Christine M. Chinkin

Book Chapters

Considering the merits of non-coercive alternatives to economic sanctions inevitably risks the charges of idealism and naIvete. However a number of speakers in this conference have raised considerable doubts about the efficacy of sanctions: even on their own terms sanctions rarely work and the material costs to non-targeted states and the implications for human rights make their justification problematic, even when they can in some sense be said to have worked. It therefore makes sense at least to give consideration to some non- coercive alternatives, either in conjunction with sanctioning policies or separate from them. The other alternative is the …


Democratic Discussion, Don Herzog, Donald R. Kinder Jan 1993

Democratic Discussion, Don Herzog, Donald R. Kinder

Book Chapters

"Democracy," remarked H. L. Mencken, "is the theory that the common people know what they want, and deserve to get it good and hard." Mencken found American politics a droll spectacle and showered contempt on the dullards he named "the booboisie." Plenty of other intelligent and perceptive observers have concluded that ordinary citizens are flatly incapable of shouldering the burdens of democracy. Uninformed and uninterested, absorbed in the pressing business of private life, unable to trace out the consequences of political action, citizens possess neither the skills nor the resources required for what Walter Bagehot pithily named "government by discussion." …


Approaching The Constitution, Don Herzog Oct 1988

Approaching The Constitution, Don Herzog

Reviews

These are sumptuously produced, oversized volumes: one pictures them, as I suspect some shrewd accountant at the press did, decorating the shelves of lawyers' offices. Their pages are crammed full of primary texts, two columns on each page, in an alarmingly small but somehow readable typeface. Some texts are bare snippets; others wind on luxuriantly for many pages. The editors have set a cutoff point: no text from after 1835 appears. Like much else about these volumes, that decision reflects a set of theoretical commitments about the Constitution that I want to question. Not that these volumes are explicitly cast …


Some Questions For Republicans, Don Herzog Aug 1986

Some Questions For Republicans, Don Herzog

Articles

Even a sleepy historiographer of political theory of some future day will notice the most dramatic revision of the last 25 years or so. I refer of course to the discovery-and celebration-of civic humanism. The devilish Machiavelli of Elizabethan times has been gently set aside for "the divine Machiavel," the one who writes, "I love my native city more than my soul." And historians of political thought have lovingly traced the transmission of civic humanism from Florence to England and America, giving us a brand new past. America, we now know, was not the unthinkingly Lockean land served up by …


International Law And The United Nations, University Of Michigan Law School Jan 1957

International Law And The United Nations, University Of Michigan Law School

Summer Institute on International and Comparative Law

In June, 1955, the University of Michigan Law School held a six-day Summer Institute dealing with problems of international law and of the United Nations. This was the eighth in the series of annual Summer Institutes dealing with important problems in areas of public concern, often with particular emphasis upon the comparative or international law aspects involved. The 1955 Institute came at the time of the tenth anniversary of the signing of the United Nations Charter on June 26, 1945, and approximately a decade after the termination of hostilities in World War II. The growth of the United Nations during …


Protection Of Aliens By The United States, Simeon E. Baldwin Nov 1914

Protection Of Aliens By The United States, Simeon E. Baldwin

Michigan Law Review

Every country owes a duty of protection to aliens who are lawfully within its territory. "An alien friend, however transient his presence may be, is entitled to a temporary protection, and owes in return a temporary allegiance."


Monroe Doctrine Its Status, John F. Simmons Feb 1907

Monroe Doctrine Its Status, John F. Simmons

Michigan Law Review

In 1895. President Cleveland in his message to Congress in regard to what has come to be known as the "Venezuela affair" said the Monroe Doctrine "has its place in the code of international law as certainly and as securely as if it were specifically mentioned." To test the accuracy of this statement we must determine as closely as possible what the Monroe Doctrine is and what is the correct meaning of the term "code of international law." Having settled our definitions the issue will be clearly defined and its discussion possibly profitable.


Privileges Of Ambassadors And Foreign Ministers, Charles Noble Gregory Jan 1905

Privileges Of Ambassadors And Foreign Ministers, Charles Noble Gregory

Michigan Law Review

The United States receives diplomatic representatives from thirty-seven nations and accredits her representatives to them in return. Six of these on each side are of the highest rank, namely, "Ambassadors Extraordinary and Plenipotentiary," being those received from and accredited to the five great powers of Europe, Austria-Hungary, Germany, Great Britain, Italy and Russia, and to our sister Republic of Mexico. The rest are almost without exception "Envoys Extraordinary and Ministers Plenipotentiary," standing in the second rank of "Les Employés Diplomatiques," to use the term adopted at the Congress of Vienna (1815) where the relative rank was determined which attaches to …