Open Access. Powered by Scholars. Published by Universities.®

Legal Theory Commons™

Open Access. Powered by Scholars. Published by Universities.®

Undergraduate Honors Theses

Discipline
Institution
Keyword
Publication Year

Articles 1 - 5 of 5

Full-Text Articles in Legal Theory

Is Health Deserved? Personal Autonomy, Framing, Ethical Intimidation, And The Politicization Of Healthcare In The United States V. Japan, Ava C. Azucenas May 2026

Is Health Deserved? Personal Autonomy, Framing, Ethical Intimidation, And The Politicization Of Healthcare In The United States V. Japan, Ava C. Azucenas

Undergraduate Honors Theses

Is health deserved? Is your health owed to you? What does this mean, and whose responsibility is it? I argue that American culture’s use of  personal autonomy, “framing”, and ethical intimidation has stunted the improvement of both political and legal structures. This is evident in the politicization of the ‘for-profit’ healthcare system in the United States. American policymakers frequently weaponize moral foundations in order to coerce voters into supporting or opposing certain healthcare policies derived from the principle that some people are more "deserving" of health than others. This calculated “framing” of health concepts has deeply politicized such an ethical …


From Civic Duties To Democratic Mandates: The Theoretical Framework Of Mill And Tocqueville On Compulsory Voting In The U.S., Olivia Claire Luttrell Mar 2025

From Civic Duties To Democratic Mandates: The Theoretical Framework Of Mill And Tocqueville On Compulsory Voting In The U.S., Olivia Claire Luttrell

Undergraduate Honors Theses

This thesis examines the treatment of jury duty and voting in the United States through the philosophical framework of John Stuart Mill and Alexis de Tocqueville. While jury duty is legally mandated, voting remains optional, despite both civic responsibilities being foundational to democratic participation. This research explores the historical, theoretical, and practical implications of voting becoming compulsory in the United States, as it is in other democratic nations. The analysis includes a comparative case study of the impact of Australia’s mandatory voting to evaluate whether it could become compulsory in the U.S. Both philosophers offer insightful knowledge on the role …


Common Law With Uncommon Regulations: The Influence Of Legal Tradition On Campaign Finance Regimes, Sky Berry-Weiss May 2022

Common Law With Uncommon Regulations: The Influence Of Legal Tradition On Campaign Finance Regimes, Sky Berry-Weiss

Undergraduate Honors Theses

Americans spent $11.4 billion in their last federal election cycle but collectively, the United Kingdom and Canada only spent a little over $550 million in their last general elections. These three states have similarities in democratic governance, economic legacy, and common law legal system grouping but how did they become so separated in campaign finance regulations? Prior research in the field of international comparative campaign finance law is limited and primarily focuses on using political theories to describe the movement of laws toward deregulation or regulation. This research seeks to find what influences the creation, preservation, and deregulation of campaign …


An Appetite For Crime: Case Studies Of Cannibalism And The Criminological Theories That Explain It, Eponine Romo Jan 2022

An Appetite For Crime: Case Studies Of Cannibalism And The Criminological Theories That Explain It, Eponine Romo

Undergraduate Honors Theses

One of the most important aspects of studying crime is identifying how and why certain crimes happen. There are several questions one should ask: Why did this event happen? What caused this to happen? How could it have been stopped? Criminologists use various theories to seek the answer to these questions regarding diverse types of crimes from petty crimes, such as stealing a pack of gum to major, violent crimes, such as cannibalism, the latter of which will be analyzed here. The goal is to prevent these crimes from happening in the future by identifying why they are happening now. …


Sovereign Authority And Rule Of Law: The Effect Of U.S. Use Of Torture On Political Legitimacy, Sydney Bradley May 2021

Sovereign Authority And Rule Of Law: The Effect Of U.S. Use Of Torture On Political Legitimacy, Sydney Bradley

Undergraduate Honors Theses

Governmental sovereignty is created and maintained by mutual respect for the rule of law by the government and citizens. To maintain legitimacy, a government must act within the bounds of the contract that created it. Otherwise, the relationship founded by said contract would be nullified, as would the duties and obligations that flow from that relationship. Torture exemplifies an ultra vires act used by the United States to show the consequences of over-extended authority on political legitimacy and the rule of law. Founded on the philosophies of Hugo Grotius, Thomas Hobbes, and Christine Korsgaard, this research investigates the nature of …