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Articles 1081 - 1110 of 1145
Full-Text Articles in Political Science
William Mcneill A World History, Michael Andregg
William Mcneill A World History, Michael Andregg
Comparative Civilizations Review
No abstract provided.
The Rule Of Law: A Reassessment For The Twenty-First Century, Noel B. Reynolds
The Rule Of Law: A Reassessment For The Twenty-First Century, Noel B. Reynolds
Faculty Publications
This brief radio address attempts to explain the origins of American liberty and to assess its health at the beginning of the 21st century. The notion of rule of law and the emerging science of constitutionalism enabled America’s founding generation to establish a system of political liberty that continues to stand as a model for all human societies to pursue.
Legal Theory And The Rule Of Law, Noel B. Reynolds
Legal Theory And The Rule Of Law, Noel B. Reynolds
Faculty Publications
This article proposes that the rule of law can be understood as a set of conditions that rational actors would impose on any authority they would create to act in their stead in creating and administering legally binding rules. The authority and obligation associated with law derive from this fundamental convention, and the principles of the rule of law are the conditions of that agreement, which become thereby governing principles to which legislatures, judges, and enforcement agencies can be held in their official actions. These generally recognized standards are inherent in this conventionalist concept of law in the sense that …
Richard L. Burger. Chavin And The Origins Of Andean Civilizations, Laina Farhat-Holzman
Richard L. Burger. Chavin And The Origins Of Andean Civilizations, Laina Farhat-Holzman
Comparative Civilizations Review
No abstract provided.
The Shahnameh Of Ferdowsi: An Icon To National Identity, Laina Farhat-Holzman
The Shahnameh Of Ferdowsi: An Icon To National Identity, Laina Farhat-Holzman
Comparative Civilizations Review
No abstract provided.
Ashok Kumar Malbora Transcreation Of The Bhagavad Gita., Michael Andregg
Ashok Kumar Malbora Transcreation Of The Bhagavad Gita., Michael Andregg
Comparative Civilizations Review
No abstract provided.
Mackey, Sandra: The Iranians: Persia, Islam And The Soul Of A Nation., Laina Farhat-Holzman
Mackey, Sandra: The Iranians: Persia, Islam And The Soul Of A Nation., Laina Farhat-Holzman
Comparative Civilizations Review
No abstract provided.
Pre-Columbian Contact With The Americas Across The Oceans: An Annotated Bibliography, Second Edition, Roger W. Wescott
Pre-Columbian Contact With The Americas Across The Oceans: An Annotated Bibliography, Second Edition, Roger W. Wescott
Comparative Civilizations Review
No abstract provided.
Jared Diamond. Guns, Germs, And Steel: The Fates Of Human Societies., Laina Farhat-Holzman
Jared Diamond. Guns, Germs, And Steel: The Fates Of Human Societies., Laina Farhat-Holzman
Comparative Civilizations Review
No abstract provided.
The Mormon Influence On The Political Geography Of The West, Michael Madsen
The Mormon Influence On The Political Geography Of The West, Michael Madsen
Theses and Dissertations
The vast colonization of the Church of Jesus Christ of Latter-day Saints, or Mormons, in the nineteenth century had a profund impact on the populating, culture, economy, and environment of much of the American West. This thesis examines the political geographic influence of the Mormons in the West and, more specifically, in the lands ceded by Mexico to the United States in 1848. This land comprises all or portions of the following states: California, Nevada, Utah, Wyoming, Colorado, Arizona, and New Mexico.
The original organization of the Mexican Cession at the hands of Congress in 1850 was drastically influenced by …
Pareto Optimality And The Rule Of Law, Noel B. Reynolds
Pareto Optimality And The Rule Of Law, Noel B. Reynolds
Faculty Publications
In 1959, James M. Buchanan criticized the collectivist misuse of Pareto optimality by the "new welfare economists" and made a first attempt to extend that individualist concept into the political realm. Over the following three decades he further developed his political application of Pareto’s insight to buttress an essentially economic analysis of political exchange that would justify the processes of constitutional democracy in the same way Pareto efficiency justifies free markets. In this paper I will explain why Buchanan’s particular formulations will not work and propose a more comprehensive solution that accomplishes Buchanan’s announced purpose. I will argue that a …
Zorastrianism And Its Earthly Tenure, Laina Farhat-Holzman
Zorastrianism And Its Earthly Tenure, Laina Farhat-Holzman
Comparative Civilizations Review
No abstract provided.
Nephite Kingship Reconsidered, Noel B. Reynolds
Nephite Kingship Reconsidered, Noel B. Reynolds
Faculty Publications
This paper extends and updates previous efforts to understand the political dynamic of the Book of Mormon by looking at four themes or issues that can be developed from the text itself. The first is an expansion of earlier treatments of the contradictory political ideologies of the Nephites and Lamanites, which informed relations between these two groups across their thousand-year history. The second is an exploration of the historical possibility that Nephi may never, in fact, have been anointed as king of the Nephite people, which raises in turn a possible need to reassess the character of Nephite kingship. The …
Thomas Hobbes's "A Discourse Of Laws", Noel B. Reynolds
Thomas Hobbes's "A Discourse Of Laws", Noel B. Reynolds
Faculty Publications
The recent discovery that an anonymously published 1620 essay was an early writing of Thomas Hobbes invites investigation of his early thinking. Hobbes relied on mostly classical sources to advance a basically conventionalist theory of law and to anticipate twentieth century analyses of the principles of rule of law such as that made famous by F. A. Hayek.
Tacit Cooperation Between Enemies: Two Case Studies, Kristina Handy
Tacit Cooperation Between Enemies: Two Case Studies, Kristina Handy
Theses and Dissertations
This research details a point of reference to understand two case studies of cooperation that developed among lower-level, or non policy-making bureaucrats during times of conflict or war. Using components of game theory, I propose that when an international conflictual relationship occurs that resembles an iterated Prisoners' Dilemma, and that meets certain conditions, tacit cooperation can emerge. Tacit cooperation consists of illicit or implied cooperation that is not sanctioned at the national policy level.
In this research I develop a framework of tacit cooperation, relying heavily upon Robert Axelrod's theory of evolutionary cooperation. With the framework in place, I then …
The Mormons In Wilhelmie Germany, 1870-1914: Making A Place For An Unwanted American Religion In A Changing German Society, Michael Mitchell
The Mormons In Wilhelmie Germany, 1870-1914: Making A Place For An Unwanted American Religion In A Changing German Society, Michael Mitchell
Theses and Dissertations
Between 1853 and 1914 the kingdom of Prussia and the Church of Jesus Christ of Latter-day Saints, the Mormons, disagreed over the issue of Mormon missionaries proselyting in Prussia. In 1853 royal magistrates banished all Mormon missionaries from the kingdom for advocating emigration. A new church policy of preaching without seeking for official permission, in addition to an improved relationship between the Mormons in Utah and the United States government after the Manifesto of 1890, led to an increase in missionaries sent to Germany, including Prussia. By 1900 mormon success alarmed the Prussian Protestant clergy and a few Prussian governors …
Rule Of Law In Legal And Economic Theory, Noel B. Reynolds
Rule Of Law In Legal And Economic Theory, Noel B. Reynolds
Faculty Publications
Legal positivism, the leading version of legal theory, has shown that a concentration on the meanings and logical relations of legal concepts, however much supplemented by intuition, common sense and legal experience, is not adequate to make full sense out of the human experience of law, and the traditional understandings of legal obligation and rule of law in particular. However, modern economic science has advanced a radically individualistic theoretical approach which has propelled economics to the fore as the most successful of the social sciences. And its basic theoretical stance is proving both attractive and adaptable to all the other …
"If Men Were Angels": The Normative Role Of Schools In Fostering Civic Virtue, William Bryner
"If Men Were Angels": The Normative Role Of Schools In Fostering Civic Virtue, William Bryner
Sigma: Journal of Political and International Studies
No abstract provided.
Conventionalism And Contractarianism, Noel B. Reynolds
Conventionalism And Contractarianism, Noel B. Reynolds
Faculty Publications
In this paper Noel B. Reynolds’s theory of law as convention is compared to the public choice contractarian theory of James M. Buchanan. While there are numerous similarities, major differences emerge. Only conventionalism can produce legal and political authority and norms to guide the use of that authority in maintaining the rule of law. The concept of constructive unanimity is introduced to overcome the ultimate failure of contractarianism to legitimate the authority of law.
Political Perestroika And The Rise Of The Rukh: Ukranian Nationalism, 1989-90, Scott Cooper
Political Perestroika And The Rise Of The Rukh: Ukranian Nationalism, 1989-90, Scott Cooper
Sigma: Journal of Political and International Studies
No abstract provided.
The Foreign Sovereign Immunities Act: A Consideration Of The Tird Clause Of 1605(A)(2), Douglas L. Madsen
The Foreign Sovereign Immunities Act: A Consideration Of The Tird Clause Of 1605(A)(2), Douglas L. Madsen
Sigma: Journal of Political and International Studies
No abstract provided.
The Separation Of Law And Morals, Noel B. Reynolds
The Separation Of Law And Morals, Noel B. Reynolds
Faculty Publications
The classic opposition of legal positivism and natural law theory resurfaces continually and reminds us that we have yet to resolve this key conflict in our ways of understanding the moral authority of law. The strengths and weaknesses of the two theories are reviewed—both have fatal flaws. Conventionalism is proposed as a means of finding internal standards in a man-made system of law. The naturally emerging standards for a conventionalist system of law turn out to be the already familiar principles of the rule of law.
Hume And His Critics: Reid And Kames, Noel B. Reynolds
Hume And His Critics: Reid And Kames, Noel B. Reynolds
Faculty Publications
This presentation was in response to Kenneth MacKinnon’s defense of Thomas Reid’s preference for natural virtue against David Hume’s conventionalism in his theory of law. It is argued that because Hume’s legal theory follows easily from his theory of human nature, Reid and Kames—and MacKinnon—need to refute Hume at that level to be successful in their rejection of his conventionalism.
Morality And The Rule Of Law, Noel B. Reynolds
Morality And The Rule Of Law, Noel B. Reynolds
Faculty Publications
This paper lays out the logic of a conservative view of liberty and morality based on an understanding of human nature as both social and rational on the one hand, and radically individual and self-seeking on the other. Without public virtue, a people cannot govern itself as a free people. But neither virtue nor moral truth can be legislated. The rule of law under constitutionalism is the most successful human arrangement for providing freedom and allowing moral action on the part of individuals.
Liberal Political Theory And The Rule Of Law, Noel B. Reynolds
Liberal Political Theory And The Rule Of Law, Noel B. Reynolds
Faculty Publications
The efforts of liberal political theorists like John Rawls and Ronald Dworkin to identify principles and rights based on moral truth as authoritative bases for law and politics ignore the insight of Hume and other conservative theorists that the moral possibilities of human nature generally are limited and are in turn limiting on what can be accomplished, from a moral point of view, through law and politics.
Expansion Of Presidential Authority In Foreign Affairs: The Treaty-Making Authority As Interpreted By The Supereme Court, Brent J. Belnap
Expansion Of Presidential Authority In Foreign Affairs: The Treaty-Making Authority As Interpreted By The Supereme Court, Brent J. Belnap
Sigma: Journal of Political and International Studies
No abstract provided.
Precinct Government In Salt Lake County, Utah 1852-1904, Steven K. Madsen
Precinct Government In Salt Lake County, Utah 1852-1904, Steven K. Madsen
Theses and Dissertations
This thesis traces the origin, development, and decline, from 1852 to 1904, of Salt Lake County's judicial precincts. A precinct functioned as the basic subdivision of county government. Its boundaries were generally coterminous with those of local communities. It was established to allow for a degree of local control by the people.
Chapter two reveals that precinct justices experienced over time a marked decline in socio-political prominence. This is largely due to legislative statutes that decreased their jurisdictional powers. Chapter three examines the evolution of precinct boundaries. It is demonstrated that geographic distribution of individuals played a major role in …
The Union Of Legal And Political Theory, Noel B. Reynolds
The Union Of Legal And Political Theory, Noel B. Reynolds
Faculty Publications
This paper explores the social science concept of conventions as a way of understanding law that would bridge the enduring gap between natural law and legal positivist legal theories. It further finds in the conventionalist approach a promising account of the rule of law—both in how it may be characterized and in how it can be assessed in particular legal systems.
Constitutionalism And The Rule Of Law, Noel B. Reynolds
Constitutionalism And The Rule Of Law, Noel B. Reynolds
Faculty Publications
Constitutionalism is the practical science of designing and balancing institutions of public power and authority so as to prevent monopolies of power or the emergence of tyranny. In spite of continuing attempts to ground constitutions in moralistic political theories, they are best understood as formalizations of citizenry agreements to manage their affairs under the rule of law following rules formulated by their legislatures and applied by their judges, all of which are to be selected through established procedures. The emergence of rule of law in primitive societies and in early modern European politics is noted, and the chief contributors to …
Full Issue, Comparative Civilizations Review
Full Issue, Comparative Civilizations Review
Comparative Civilizations Review
No abstract provided.