Political Theory Commons^™

The United States’ Stringent Sovereignty: How Foreign Policy Framing Prioritizes Security Over Human Rights, Kathryn Parker

Scripps Senior Theses

American policymakers utilize valence framing, purposeful descriptions of outcomes as positive or negative, to influence the opinions of voters while maintaining the moral superiority felt by many citizens in the liberal Western hegemon. This study intended to combine the political theories of Constructivism and Realism to form Constructive Realism, a theory that emphasizes the significance of state power and norms as joint influences on constituents. Constructive realism was then applied to four case studies – the UN Security Council, International Criminal Court, Convention on the Rights of the Child, and Convention on the Elimination of Discrimination Against Women. This study …

Book Review: Comparative Election Law, Lori A. Ringhand

Scholarly Works

Review of the book Comparative Election Law by James A Gardner, ed. (Cheltenham: Edward Elgar Publishing, 2022) 544 p.

The Possible Futures Of American Democracy, Jedediah Purdy

Faculty Scholarship

No abstract provided.

Round Table (Part 5): What’S Raphaël Lemkin Got To Do With Genocide Studies?, Douglas Irvin-Erickson

Genocide Studies and Prevention: An International Journal

No abstract provided.

Vox And Spanish Nationalism: The Constitutional Processes For The Elimination Of Regional Autonomy, Noah Halterman-Mitchell

Independent Study Project (ISP) Collection

After the death of Francisco Franco and the creation of the modern Spanish State, hard-core right-wing Spanish nationalism disappeared from the political spectrum. Spain and Portugal avoided the lure of far right-wing political tendencies to which the rest of Europe fell victim. Until recently, VOX, a far right-wing party, gained seats in Parliaments at the Autonomous Community level and in the Spanish National Parliament.

VOX believes in a mono-national state, a Spanish State, rather than a state composed of different nationalities such as Basque, Catalan, or Galician. In order to achieve their desired vision of the Spanish State, VOX advocates …

The Role Of Recognition In Kelsen's Account Of Legal Obligation And Political Duty, David Ingram

Philosophy: Faculty Publications and Other Works

Kelsen’s critique of absolute sovereignty famously appeals to a basic norm of international recognition. However, in his discussion of legal obligation, generally speaking, he notoriously rejects mutual recognition as having any normative consequence. I argue that this apparent contradiction in Kelsen's estimate regarding the normative force of recognition is resolved in his dynamic account of the democratic generation of law. Democracy is embedded within a modern political ethos that obligates legal subjects to recognize each other along four dimensions: as contractors whose mutually beneficial cooperation measures esteem by fair standards of contribution; as autonomous agents endowed with equal rights; as …

China's Strategic Ambiguity On The Issue Of Autonomous Weapons Systems, Putu Shangrina Pramudia

Global: Jurnal Politik Internasional

This paper discusses the factors behind China's ambiguous stance on the issue of autonomous weapons and its relationship with China's rise. In 2016 at the United Nations on Certain Conventional Weapons (UN-CCW), China was the only Permanent Five (P5) country to call for the prohibition and importance of a binding protocol on autonomous weapons. Through its position paper, China stated that the characteristics of autonomous weapons are not in accordance with the principles of International Humanitarian Law (IHL), fears of an arms race, to the threat of war. However, in 2017 China issued the New Generation of AI Development Plan …

Developing Indonesian Perspectives In International Relations: The Argument For “Depok School”, Evi Fitriani

Global: Jurnal Politik Internasional

This article lies arguments to build a “Depok School” in International Relations. The gap between developed and developing countries is visible in practice and the paradigm for understanding the phenomenon of international relations dominated by the perspective of major (Western) countries. Through an analysis of empirical and theoretical developments in the study of International Relations, this paper examines the need for non-Western perspectives.. The mandate from the Preamble to the 1945 Constitution of the Republic of Indonesia provides the axiological basis for a more suitable analytical framework that can capture the unique phenomena of Indonesia and developing countries, which is …

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 …

Standing For Democracy: Is Democracy A Procedural Right In Vacuo? A Democratic Perspective On Procedural Violations As A Basis For Article Iii Standing, Helen Hershkoff, Stephen Loffredo

Buffalo Law Review

Many commentators express concern that democracy in the United States is under threat, whether from the pressure of concentrated wealth and structural racism, government secrecy and authoritarian tendencies, an outdated constitutional structure and old-fashioned corruption, or perhaps a combination of them all. Against this background, this Article argues that the Supreme Court’s treatment of procedural rights for determining standing—the key that opens the door to federal court—is an overlooked factor in contributing to democratic erosion. According to the Court, violation of a congressionally conferred procedural right that does not safeguard some separate, non-procedural, concrete interest of plaintiff—a “procedural right in …

Pursuit Of The Vote: Factors Utilized In Resisting Discrimination In Democratic Elections, Matthew Nicholson

Honors Scholars Collaborative Projects

Suffrage movements make use of various social and political factors to pressure their governments to expand the scope of voting rights. Using McAdam’s political process model, I will analyze how disenfranchised groups’ use of nonviolent demonstration, appeals to international pressure, and appeals to religion, affects their success. This will also highlight patterns that emerge when groups are willing to instigate violence in pursuit of their goals. Most studies examine these variables in the context of the pursuit of independence or revolution, whereas this study focuses on groups wishing to remain within a system given their desired reforms. I will analyze …

Neither Trumps Nor Interests: Rights, Pluralism, And The Recovery Of Constitutional Judgment Of Constitutional Judgment, Paul Linden-Retek

Journal Articles

A longer, unedited version of this article is available via the 'Additional Files' link at the bottom of the page.

This Article develops a novel framework for the adjudication of rights in an age of partisan and societal polarization. In so doing, it defends judicial review in a divided polity on new grounds. The Article makes two broad interventions.

First, the Article cautions against recent calls to shift rights adjudication in the United States from Dworkinian categoricalism toward proportionality analysis. Such calls correctly identify how categoricalism, by embracing the absolute nature of rights as “trumps,” pits citizens harshly against one …

Reformation Within The Nation: Adapting The Nordic Rehabilitation And Reintegration Model To Positively Recondition The United States Criminal Justice System, Jessica Cornell

Helm's School of Government Conference - 2021-2024

An analytical and statistical based comparison of criminal sentencing, incarceration, rehabilitation and reintegration in the United States of America to those of the five countries which follows those of the Nordic Criminal Justice System.

Boston Discusses The Massacre, Jean C. O'Connor

The Montana English Journal

Teachers may use this chapter from The Remarkable Cause: A Novel of James Lovell and the Crucible of the Revolution as a short story for grades 7 – 12., to explore themes of interpersonal conflict, conflict resolution, and the value of law.

The chapter “Boston Discusses the Massacre” is taken from The Remarkable Cause: A Novel of James Lovell and the Crucible of the Revolution (Knox Press, 2020), and used with permission. James Lovell, teacher at the Boston Latin School, discusses the pivotal events of March 5, 1770. As the conflicts that become the American Revolution begin a group of …

Spillover Effects Of Quota Or Parity Laws: The Case Of Ecuador Women Mayors, Marcos Fabricio Perez, Santiago Basabe-Serrano

Political Science Faculty Publications

Do quota or parity laws designed to improve the representation of women in plurinominal elections have a spillover effect to uninominal elections? We empirically test this theory by analyzing the effects of quota and parity legislations implemented in Ecuador for plurinominal elections on the proportion of women elected as mayors. Through an unpublished database, our results show that after the implementation of such legislation, the probability of a woman being elected as mayor almost doubles (ceteris paribus). We also find evidence that a possible causal chain for the documented spillover effects is the increasing importance of female role models, motivated …

When And How Does Anti-Semitism Occur? The Different Trigger Mechanisms Associated With Different Types Of Criminal And Non-Criminal Hate Incidents, Matteo Vergani, Dan Goodhard, Rouven Link, Amy Adamczyk, Joshua D. Freilich, Steven Chermak

Publications and Research

We used data from an Australian community register to build a database containing 673 incidents, including both criminal and non-criminal anti-Semitic acts that occurred between October 2013 and September 2017. We conducted bivariate and multivariate analyses to explore the differences in the types of incidents associated with different trigger events. Using time series methods, we found a significant increase in criminal (but not in non-criminal) incidents during the 2014 Israel–Gaza conflict. During Jewish religious festivals, we found a significant decrease in criminal incidents, and a significant increase in non-criminal incidents. After the establishment of the neo-nazi group Antipodean Resistance, we …

The Gendered Interpretation Of Child Marriage: A Niger Case Study, Melissa Safi

Dissertations and Theses

This paper seeks to answer the question, what is the primary factor driving child marriage? I explore the literature in several scholarly articles that explain why the harmful, traditional practice of child marriage is an issue that predominantly affects girls globally. I also utilize the feminist theory of international relations to support my analysis of child marriage as a gender issue. Incorporating evidence from annual international reports, scholarly articles, and mixed methods studies, this paper examines a case study of Niger, where child marriage affects more than half the population of girls under the age of 18. In studying Niger, …

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 …

Peran Dan Kepentingan North Atlantic Treaty Organization (Nato) Dalam Konflik Perang Sipil Di Libya: Studi Kasus Periode Tahun 2011-2015, Harisuda Murdani, Yon Machmudi

Journal Of Middle East and Islamic Studies

The wave of the Arab Spring in the East The Civil War in Libya that occurred in the Middle East in 2011 was felt in Libya. The conflict that started as a demonstration ended in a civil war between the government and the Libyan opposition. NATO's humanitarian intervention is the mandate of the United Nations in the civil war in Libya uses the Responsibility to Protect rule to prevent the conflict from spreading. The presence of NATO as an international community is not only due to concern for Libya but there is an interest of oil resources in Libya. During …

Migration And Mortality: Social Death, Dispossession, And Survival In The Americas, Miranda Cady Hallett, Joseph Nevins, Jamie Longazel, Amelia Frank-Vitale, Alicia Yvonne Estrada, Abby C. Wheatley

Biennial Conference: The Social Practice of Human Rights

This panel presents research from the new edited volume Migration and Mortality (edited by Longazel and Hallett, Temple University Press, 2021). Death threatens migrants physically during perilous border crossings between Central and North America, but many also experience legal, social, and economic mortality. Rooted in histories of colonialism and conquest, exclusionary policies and practices deliberately take aim at racialized, dispossessed people in transit. Once in the new land, migrants endure a web of systems across every facet of their world—work, home, healthcare, culture, justice—that strips them of their personhood, denies them resources, and creates additional obstacles that deprive them of …

Cave! Hic Dragones: Understanding Neocolonialism In China’S Economic Diplomacy Towards Angola, Ghina Salsabila, Indra Kusumawardhana

Global: Jurnal Politik Internasional

China is experiencing a fast and dynamic phase of economic development driven by its fast pace of industrialisation. The vast energy demand has pushed China to import energy from other countries with plentiful natural resources. To this aim, China conducts economic diplomacy worldwide, including Angola, a country with plentiful natural resources in Africa. The main concern of this research is China's economic diplomacy which is considered as a form of neocolonialism in this globalisation era. Therefore, the research question of this research is why China's economic diplomacy towards Angola constitutes neocolonialisation. To this aim, this study utilises the Neocolonialism theory …

The Dao In China’S Growing Presence In The South Pacific, Yulian Maulida Khasanah, Mohamad Rosyidin, Marten Hanura

Global: Jurnal Politik Internasional

The rise of China as one of the great powers in the international politic has been the hottest topic in the 21st century. Following the economic reform led by Deng Xiaoping in 1978, China re-emerges stronger than ever with its influences covering major parts of the world. One region particularly stands out since the prior dominance of United States therein, the South Pacific. The study of this research will be limited to 10 PICs recognising China, Vanuatu, Cook Island, FSM, Fiji, Niuee, PNG, Samoa, Tonga, Solomon Islands and Kiribati. Under the Western International Relations Theory (IRT) however, the rise of …

Asean Way: Managing Expectation In The Code Of Conduct For The South China Sea, Naifa Rizani Lardo

Global: Jurnal Politik Internasional

Pessimistic perspectives on the ASEAN Way process frequently undermine the role of the Association of Southeast Asian Nations (ASEAN) in resolving the South China Sea (SCS) dispute. These justifications are addressed through the notion of power balance, which undermines the norm institutionalism framework that underlines the ASEAN Way’s foundation. This droves various conversations on ASEAN capabilities ahead of the ASEAN Way principle throughout the Code of Conduct for the South China Sea (COC for SCS) process, which questioned its expectations as a regional security body. This article offers insight on ASEAN’s regional security role in the SCS dispute peace process, …

The Roles Of Who In Handling Yemen Humanitarian Crisis During The Covid-19 Pandemic, Ghita Fadhila Andrini

Global: Jurnal Politik Internasional

Yemen is noted to have the worst humanitarian crisis in the world. This condition is due to the civil war for the past six years, exacerbated by the COVID-19 pandemic, which emerged as a health security threat. This research aims to analyse the WHO’s role in responding health crisis in Yemen. By using qualitative methods and literature review approach, this article uses Atlas.ti to collect data regarding WHO’s activity in Yemen throughout the pandemic analysed by the international organisation’s role concept according to Clive Archer. The health security concept is also used to explain the health situation in Yemen during …

Muslim Community In The Atmosphere Of Populism In Norway, Gilang Mahadika

Global: Jurnal Politik Internasional

In the European nations, there has been a lot of discussions and arguments regarding the community who have a ‘migration background’. Migrants nowadays are more capable of competing against local residents in terms of looking for better employment and participating in the political activities in European countries. Consequently, it creates fear within ‘mainstream’ society since it is presumably able to threaten their way of life. This interesting moment can benefit the populist political parties for gaining voices from the majority population. But, in the aftermath of 22/7 terror attacks in Norway, it also created tension between locals and those who …

Transnational Corporations And Human Rights, Muhammed Hamid Muhammed

Global: Jurnal Politik Internasional

International trade has introduced many features in its classical or contemporary practice wherein peoples respectfully exchanged goods and ideas. Unfortunately, the legacy of large multinational corporations, concerning human rights, has generally been dismal. It is recognised that states are the primary bearers of responsibility to respect, protect, fulfill, and promote human rights and freedoms. Current developments in the field of international human rights law, however, designated transnational corporations (hereafter TNCs), organisations, and individuals in a diagonal and/or horizontal responsibility on the respect and protection of human rights. The need to make these non-state actors, especially TNCs, responsible under international law …

'Who' Or 'What' Is The Rule Of Law?, Steven L. Winter

Law Faculty Research Publications

The standard account of the relation between democracy and the rule of law focuses on law’s liberty-enhancing role in constraining official action. This is a faint echo of the complex, constitutive relation between the two. The Greeks used one word – isonomia – to describe both. If democracy is the system in which people have an equal say in determining the rules that govern social life, then the rule of law is simultaneously before, after, concurrent and synonymous with democracy: It contributes to the formation of citizens with the capacity for self-governance, serves as the instrument through which democratic decisions …

The Role Of Nations-State In Protecting And Supporting Internally Displaced Persons, Daisy Byers

Master's Theses

The rising increase of Internally Displaced Persons (IDPs) has become a global problem. There are over 40 million internally displaced people globally, and 15.9 million are displaced in Africa. These displacements come into place due to war/conflict, corruption, massive human rights violations, natural disasters, urban renewal projects (at the hands of powerful nations such as America, China, France, UK, etc.), and large-scale development projects. According to UNHCR, refugees are people who have international cross-border. In contrast, internally displaced persons must stay within their own country and stay under the protection of their government, even if the government is the reason …

The New Space Policy Regime And Its Financial Foundation, Tamara Campbell

Helm's School of Government Conference - 2021-2024

Post the global financial crisis of 2008, the National Aeronautical and Space Administration (NASA) sought to expand the space economy through a public policy of commercialization. This has brought major changes to the composition of space mission funding strategies, now repositioned as public private partnerships (P3s). Formed to fund space missions with private finance in lieu of public funding, P3s are investment and risk-sharing vehicles evaluated by financial intermediary institutions, insurers, and at times, the courts in the case where there is foreign direct investment (FDI) agreement. For this reason, it is arguable P3s have exceptional influence on the scope …

Explaining Reproductive Health Disparities: Violence In The “Colorblind” Institution Of Medicine, Chineze Osakwe

Honors Scholar Theses

Medical policies have resulted in violence that has a formal role in regulating the reproductive rights of women of African descent in the United States from the Jim Crow era (circa 1965) to present day (2021), resulting in significantly racialized reproductive health disparities regardless of social or economic influences. This thesis explores why reproductive violence against African-American women persists, regardless of women’s own class and educational background. I have focused on the potential impact of two structural components that I hypothesized contributed to the perpetuation of reproductive violence against Black women and persistent health disparities. The two factors explored in …