Political Theory Commons^™

Pathways To Leadership: Four Women's Journeys To The Peace Negotiation Table In The Fight For Democracy In Burma, Brittany Shelmon

Indiana Journal of Constitutional Design

No abstract provided.

Introduction: Imagining Post-Neoliberal Regulatory Subjectivities, Mika Viljanen Dr, Mikko Rajavuori, Tal Kastner

Indiana Journal of Global Legal Studies

To explore these tentative diagnoses and conceptualizations we called for papers engaging different aspects of law's subjectivity turn. A selection of papers that map the possible genealogies for the emergence of post-neoliberal law, address the implications of anthropomorphic corporate regulation, or analyze transformations in sovereign subjectivities is now published in this symposium issue. The papers take up and make salient an array of the big questions of our day.

While overlapping, the papers can be broadly divided into two categories. The first category consists of papers that explore the internal make-up of legal and regulatory subjectivities. Drawing on history, queer …

Analisis Teori Offense-Defense Pada Reformasi Kebijakan Pertahanan Jepang Dalam Dinamika Keamanan Di Asia Timur, Fadhil Alghifari, Raja Nathania Olga Letticia

Global: Jurnal Politik Internasional

This paper will seek to demonstrate how the use of Offense-Defense Theory can best explain the Japan’s new defense reform legislation that enables the country to play a more comprehensive global security role commensurate with its capabilities, resources, national interests, and international responsibilities. Through this offense-defense lens, it will be argued that Japan’s new defense reform legislation is a response to the growing dominance of ‘offensive’ behaviour by the neighbouring countries in East Asia. This paper will then elaborate more about the elements that are used in the offense-defense theory to analyze the ‘offense’ dominance that prompts East Asian states …

Refugees’ Crisis And European Union: A Mechanical Integrative Bargain, Loic Charpentier

Global: Jurnal Politik Internasional

This article describes the role of the refugees' crisis linked with the terrorist attacks of Paris on the European integration. This article is based on the Bartolini's theory to blur the boundaries between the international and internal system with the aim to explain the crisis mechanism of the European integration without being focused on the qualification of the European architecture. This article emphasizes the role of the external pressure on the particular political system of the European Union and their consequences concerning the integration process for the elites and for the European peoples. The refugees' example highlights the automatic integration …

The Tales Of Three Asian Countries: How Indonesia, India And The Philippines Recruited Women For Un Peacekeeping Missions, Fitriani Bintang Timur

Global: Jurnal Politik Internasional

Tulisan ini mengkaji perbedaan tiga negara dalam merekrut perempuan untuk berperan di bidang keamanan. Tulisan ini bertujuan untuk menjawab masalah umum dalam studi keamanan: Dimana perempuan? Khususnya, dimana perempuan dalam mendukung pasukan perdamaian Perserikatan Bangsa-Bangsa (PBB)? Walau jumlahnya setengah dari populasi dunia, namun kurang dari lima puluh persen perempuan berkerja di sektor swasta, lebih sedikit yang bekerja di sektor publik, dan sangat kurang yang berkutat di sektor keamanan. Jika keamanan benar-benar inklusif, maka perlu ada penelitian untuk menetapkan alasan di balik tidak hadirnya perempuan, dan untuk mencari alasan dibalik ketidakhadiran mereka. Dengan demikian, artikel ini berusaha untuk mengeksplorasi kontribusi beberapa …

Peran Penting Asia Africa Smart City Summit (Aascs) 2015 Terhadap Perkembangan Paradiplomasi Kota Bandung, Irsyaad Suharyadi

Global: Jurnal Politik Internasional

Bandung merupakan salah satu kota yang telah menerapkan konsep smart city untuk menghadapi berbagai permasalahan kota. Sayangnya, konsep ini masih terkendala pada ketersediaan dana dan teknologi. Oleh karena itu, Ridwan Kamil sebagai kepala pemerintahan kota Bandung melakukan kegiatan paradiplomasi untuk mempromosikan Smart Kota Bandung. Salah satunya, melalui program 'Mercusuar' Asia Afrika Cerdas Kota Summit (AASCS). Kegitan Asia Afrika Cerdas Kota Summit (AASCS) ini dihadiri oleh 26 walikota di seluruh Asia dan Afrika, dan delegasi dari 39 negara dan mengeluarkan kesepakatan Bandung Declaration on Smart Cities. Dalam penelitian ini, penulis akan menilai manfaat dan AASCS peran dalam kegiatan paradiplomasi Bandung menggunakan …

Dari Kyoto Protocol 1997 Ke Paris Agreement 2015 : Dinamika Diplomasi Perubahan Iklim Global Dan Asean Menuju 2020, Andreas Pramudianto

Global: Jurnal Politik Internasional

Setelah kegagalan di Copenhagen, Denmark pada Conference of the Parties (COP) ke-15 UNFCCC tahun 2009 yang hanya menghasilkan dokumen yang tidak mengikat secara hukum (non legally binding) yaitu Copenhagen Accord, banyak negara serta pihak lainnya merasa pesimis mengenai kepastian masa depan perundingan rezim perubahan iklim. Periode Komitmen ke-II Protokol Kyoto 1997 yang sudah akan berakhir di tahun 2018, membutuhkan kepastian untuk keberlanjutannya. Sementara itu Russia, Jepang dan Kanada sudah menegaskan untuk tidak berpartisipasi dalam Periode Komitemen ke-II. Namun suramnya perundingan rezim perubahan iklim tidak berlangsung lama. Periode Komitmen ke-II Protokol Kyoto 1997 diperpanjang hingga 2020. Sementara itu pengganti protokol ini …

When Society Becomes The Criminal: An Exploration Of Society’S Responsibilities To The Wrongfully Convicted, Amelia A. Haselkorn

Pitzer Senior Theses

This thesis explores how society can and should compensate those who have been wrongfully convicted after they are exonerated and how we can prevent these mistakes from happening to others in the future. It begins by presenting research on the scope of the problem. Then it suggests possible reforms to the U.S. justice system that would minimize the rate of innocent convictions. Lastly, it takes both a philosophical and political look at what just compensation would entail as well as a variety of state compensation laws.

Toward A Political Theory For Private International Law, John Linarelli

Scholarly Works

Private international law presents a dilemma for legal and political philosophy. Legal and political philosophers have ignored private international law, with only a few scattered attempts to evaluate its claims. Private international law offers a powerful set of counterexamples that put into serious doubt attempts to link law’s authority only or primarily to relationships between states and citizens. No society, state, or other practice-mediated relationship can serve as grounds for the authority of private international law to persons to whom it applies but who are outside of such relationships. Private international law affects the normative situations of persons entirely outside …

Corporations And The Limits Of State-Based Models For Protecting Fundamental Rights In International Law, David Bilchitz

Indiana Journal of Global Legal Studies

At the heart of international law lies a central tension. On the one hand, the fundamental rights recognized in international treaties protect the fundamental interests of individuals, obligating all actors who can affect these rights. One the other hand, international law has often been conceived of as a system in which the only legitimate actors are states. In turn, only states can be bound by the fundamental rights obligations in international treaties. To address this tension, two models have been proposed. The first is an "Indirect duty" approach, whereby the state remains the primary duty-bearer and must itself "create" the …

Fractured Territories And Abstracted Terrains: Human Rights Governance Regimes Within And Beyond The State, Larry Catá Backer

Indiana Journal of Global Legal Studies

The problem of representation has become a central element for the development of human rights norms, not just within international organizations, but within states as well. The problem has been made acute by two significant changes in the organization of power that became visible after the 1950s. On one hand, the idea of the individual became more abstract. Mass democracy became symptomatic of a general trend toward the dissolution of the individual within a mass population, which was incarnated as the aggregation of its group characteristics, its statistics, and data. On the other hand, states were becoming less solid; the …

Statehood, Power, And The New Face Of Consent, Sheldon Leader

Indiana Journal of Global Legal Studies

Individuals and groups are often subjected to power, both public and private, by eliciting their consent. Debate usually focuses on whether or not that consent is freely given or is vitiated by imbalances of strength between the bargaining parties. This essay focuses on a different issue, one that is largely passed over in legal and moral analyses: how far does and should consent bind one to accepting in advance changes in the future? There are signs of a fundamental shift in answering this question-a shift that particularly concerns the control of power in the economy. Industrial democracies may be abandoning …

Is The First Amendment At Risk?, Devin Darrow

Nebraska College Preparatory Academy: Senior Capstone Projects

Since the establishment of the Bill of Rights on December 15th 1791, Freedom of Speech has been one of the more controversial topics found within the first ten amendments. The Supreme Court has changed their interpretation of the 1st Amendment, Freedom of Speech clause, due to the cultural shifts of each generation. Recent cases have made technology a major factor for laws needing to be changed in order to protect people’s rights.

In conclusion, the definition of freedom of speech will continuously change due to the progress in technology. The last 10 years have demonstrated the need for changes. There …

Some Newly Emergent Geographies Of Injustice: Boundaries And Borders In International Law, Upendra V. Baxi

Indiana Journal of Global Legal Studies

This conversation examines the relationship between the boundaries and borders in international law and the production of geographies of injustice through the lens of the colonial epistemologies, especially of private international law in the face of mass social disasters like the archetypal Bhopal catastrophe. I also address the languages and logics of coloniality and postcoloniality, as states of consciousness and social organization, under the complex and contradictory unity of neoliberalism.

The International Community's Response To The Hypothetical Emergence Of Superheroes, Brittany Nicole Woods

CMC Senior Theses

In a golden era for comic based media, this paper uses the hypothetical emergence of superheroes to analyze the assumptions and predictions of three international relations theories: realism, liberalism, and constructivism. Comics consistently reflect the real world, paralleling events and concepts discussed in foreign affairs dialogues. The thought experiment, and the comic genre itself, provides a vehicle for thinking broadly about the political and social ramifications of successful or failed problem solving, state interaction, and scientific advances.

Religious Pluralism At The Crossroads, Barbara A. Mcgraw

Center for Engaged Religious Pluralism

No abstract provided.

Executive Federalism Comes To America, Jessica Bulman-Pozen

Faculty Scholarship

This Article proposes a different way of thinking about contemporary American governance, looking to an established foreign practice. Executive federalism – “processes of intergovernmental negotiation that are dominated by the executives of the different governments within the federal system” – is pervasive in parliamentary federations, such as Canada, Australia, and the European Union. Given the American separation of powers arrangement, executive federalism has been thought absent, even “impossible,” in the United States. But the partisan dynamics that have gridlocked Congress and empowered both federal and state executives have generated a distinctive American variant.

Viewing American law and politics through the …

Evolving Standards Of Decency: The Intersection Of Death Penalty Theory And Supreme Court Jurisprudence, Rachel S. Sullivan

Senior Independent Study Theses

The American death penalty must be abolished in order to establish a more just system of punishment. This thesis examines the arguments of eight political theorists and their connections with five essential Supreme Court cases on capital punishment in order to determine the Court's theoretical view of the American death penalty. This theoretical view is that justices who affirm the constitutionality of capital punishment use philosophical theories, while justices who critique capital punishment rely upon context-dependent analyses. If the Court ever rules that capital punishment is unconstitutional in all circumstances, these latter theories will be dispositive.

Authoritarian Member States In International Organizations, Matt Barg

Master's Theses

This thesis investigates under which conditions do authoritarian Member States exist in International Organizations that require democratic governance in their treaty law. The European Union is used as a case study along with two of its Member States that are in the process of transitioning to democracy from previous authoritarian regimes—Hungary and Romania. This thesis employs stealth authoritarian theory to analyze how a democratizing Member State may violate these laws and revert to authoritarian governance. It also critiques international enforcement mechanisms to consider their effectiveness to enforce their laws and norms as well as prevent an authoritarian reversal. Finally, cultural …

Evolution Of A Nation After A Dictatorship: How Law, Politics And Society Of The 1973 Dictatorship In Uruguay And Of The Subsequent Return Of Democracy In 1985, Potentially Helped Evolve The Nation Of Today., Jonathan A. Fein Proaño

Master's Theses

In 1973, Uruguay’s president authored a coup d’état with the military and changed the history and fabric of Uruguay. Once democracy returned to Uruguay in 1985, it was a chance to see if an evolution of the law, politics and society would occur. This thesis aims to analyze and understand the patterns of change and de-evolution or evolution that happened during the dictatorship and then over the last 30 years. I break down the process of changes that happened legally and politically, how the dictatorship and its leaders used law to destroy rule of law, and how society changed.

This …

The Liberal As An Enemy Of Queer Justice, Craig Schamel

Catalyst: A Social Justice Forum

Abstract

Liberalism as a historical mode of the political is the context in which the movement and ensuing struggle for queer justice emerged in most Western countries. The terminology, practices, tendencies, beliefs, ethics, laws, and patterns of political and social life which have been determined by this mode of the political, it is argued, are inimical to queer justice and render its achievement impossible. Liberalism as a mode of the political is approached from below, from knowledge gained in practical experience in queer groups which considered themselves revolutionary at least to some degree, and from the effects on such groups …

Mutually Assured Survival: An Analysis Of Globalization’S Influence On Nuclear Disarmament, Ryan Zehner

Independent Study Project (ISP) Collection

Nuclear arms have revolutionized the ways by which human beings are able to harm one another. Omnipresent in the status quo is a nuclear tension, and whether subtly or more overtly, this tension underlies a great many international relationships. While Westphalian paranoia and neorealist power perceptions encourage populations to continue placing their faith in nuclear umbrellas and deterrence strategies, scholars and activists increasingly claim that without the realization of universal disarmament, humanity concedes to the inevitability of future nuclear detonation.

New disarmament initiatives concentrate heavily on the implications of nuclear weaponry in a sense that supersedes the security of only …

Hopeful Losers? A Moral Case For Mixed Electoral Systems, Loren King

Political Science Faculty Publications

Liberal democracies encourage citizen participation and protect our freedoms, yet these regimes elect politicians and decide important issues with electoral and legislative systems that are less inclusive than other arrangements. Some citizens inevitably have more influence than others. Is this a problem? Yes, because similarly just but more inclusive systems are possible. Political theorists and philosophers should be arguing for particular institutional forms, with particular geographies, consistent with justice.

Les démocraties libérales encouragent la participation citoyenne et protègent nos libertés. Pourtant, ces régimes élisent des politiciens et décident de problèmes importants via les systèmes électoral et législatif, qui sont moins …

Compared To What? Judicial Review And Other Veto Points In Contemporary Political Theory, David Watkins, Scott E. Lemieux

Political Science Faculty Publications

Many democratic and jurisprudential theorists have too often uncritically accepted Alexander Bickel’s notion of “the countermajoritarian difficulty” when considering the relationship between judicial review and democracy; this is the case for arguments both for and against judicial review. This framework is both theoretically and empirically unsustainable. Democracy is not wholly synonymous with majoritarianism, and judicial review is not inherently countermajoritarian in the first place.

In modern democratic political systems, judicial review is one of many potential veto points. Since all modern democratic political systems contain veto points, the relevant and unexplored question is what qualities might make a veto point …

Global Hegemon: Chinese Foreign Policy Shifts And Elevated Unpko Involvement, Alex Berge

Political Science Theses and Capstones

A common question being asked in many circles is whether China will emerge as a potential rival to the U.S. as a global superpower? If the answer to this question is “yes” many ask how China will accomplish this. Research suggests that China will obtain superpower status through increased global presence and more cooperation in international organizations, specifically United Nations Peacekeeping Operations (UNPKO). The literature examines Chinese policy changes that allow for more contributions and activity in UNPKOs and also what missions China can now participate in from which it would have formerly abstained. The preliminary results have shown massive …

Concept And Contract In The Future Of International Law, John Linarelli

Scholarly Works

This is an article written for a symposium on Joel Trachtman’s book, The Future of International Law. I first deal with the contractarian features of Trachtman’s approach to understanding international law. Using the tools of new institutional economics and constitutional economics, Trachtman seeks to describe the features of an international legal system. This is positive political theory or at least relates substantially to the methods of positive political theory. I explore a different approach, one connecting to normative political theory. In its ambitious sense, my approach would see international law as a form of moral argument, but in its modest …

A Quantum Congress, Jorge R. Roig

Scholarly Works

This article tries to address the problem of a corrupt and broken electoral system that has been captured by special interests through big money spending in political campaigns, while at the same time preserving the spirit of the Free Speech Clause of our Constitution. In doing so, this article first reviews and summarizes the different alternatives proposed as potential fixes for the campaign finance problem. It then explains why none of the proposed alternatives can accomplish the dual goals set out above. Finally, the article briefly sketches a proposal for a fundamental reworking of our representative democracy by substituting legislative …

The Making Of A Libertarian, Contrarian, Nonobservant, But Self-Identified Jew, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

Many academics are unaware that I am Jewish, no doubt due, in part, to my last name as well as to my politics, Yet growing up as a Jew in Polish-Catholic Calumet City, Illinois and as a kid from Calumet City attending Temple in Hammond, Indiana made me quite conscious of the tyranny of the majority. This environment, together with the influence of my father, had a deep affect on my views of liberty, justice, individual rights, and the U.S. Constitution. In this brief essay, prepared for a symposium on “Judaism and Constitutional Law: People of the Book,” held at …

Pluralism And Its Perils: Navigating The Tension Between Gay Rights And Religious Expression, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

The conflict between gay equality claims and religious liberty claims permeates debates over marriage equality and LGBT civil rights. Using as its centerpiece a decision that forced Georgetown University to provide benefits for a gay student organization, this article examines both the doctrinal underpinnings of how courts resolve the tension between gay rights and religion and the principles of pluralism that are at stake.

The Georgetown case is rightly understood as an exemplar of judicial minimalism. This article argues that the values of learning things undecided, while real, may be outweighed by lost opportunities for advancing principles that also foster …

A Philosophical Analysis Of California Determinate Sentencing, Three Strikes, And Realignment, Madeline Stein

CMC Senior Theses

This thesis explores the relationship between philosophy and policy in the context of three California policies, Determinate Sentencing, Three Strikes, and Realignment. The philosophy portion includes theories of retribution, deterrence, and rehabilitation, focusing on the tensions and conflicts within them.