View topic on PhilPapers for more information
Related categories

29 found
Order:
More results on PhilPapers
Material to categorize
  1. Cultural Appropriation and the Limits of Identity: A Case for Multiple Humanity(Es).Michael Onyebuchi Eze - 2018 - Chiedza 20 (1):8-31.
    examine the dominant conversations on cultural appropriation. The first part of the essay will examine the ideological configuration of what constitutes cultural appropriation (hereafter as CA) first, as the politics of the diaspora and second, within a normative understanding of culture and its diachronic contradictions. This will be followed by a critical reevaluation of our subject theme as primarily a discourse of power with multiple implications. Framed as a discourse of power, CA is equally exposed to ideological distortions, and its (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  2. Are Schools Suppressing The Constitution?John Altmann - manuscript
    This is an essay discussing how schools seem to be suppressing the Constitution and the very political philosophy of this country through the actions of their educators. I discuss how the Teleological designs of these institutions ultimately has changed.
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  3. Political Rights, Republican Freedom, and Temporary Workers.Alex Sager - 2014 - Critical Review of International Social and Political Philosophy 17 (2):189-211.
    I defend a neo-republican account of the right to have political rights. Neo-republican freedom from domination is a sufficient condition for the extension of political rights not only for permanent residents, but also for temporary residents, unauthorized migrants, and some expatriates. I argue for the advantages of the neo-republican account over the social membership account, the affected-interest account, the stakeholder account, and accounts based on the justification of state coercion.
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark   7 citations  
  4. Dürfen wir Kindern das Wahlrecht vorenthalten?Benjamin Kiesewetter - 2009 - Archiv für Rechts- Und Sozialphilosophie 95 (2):252-273.
    Up to a certain age, young people are denied the right to vote. In this paper, it is argued that this general exclusion from democratic participation is unjustified and should be abandoned. After a short survey of some of the pedagogic, legal, and political arguments that have been brought forward to support a liberalisation of electoral law in favour of children, the essay presents a basic moral argument against any age limit with respect to voting rights. First of all, it (...)
    Remove from this list   Download  
    Translate
     
     
    Export citation  
     
    Bookmark   2 citations  
  5. Copyright and Freedom of Expression: A Philosophical Map.Alexandra Couto - 2008 - In A. Gosseries, A. Marciano & A. Strowel (eds.), Intellectual Property and Theories of Justice. Palgrave.
    Remove from this list   Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
Freedom of Contract
  1. Informants, Police, and Unconscionability.Luke William Hunt - 2018 - Institute of Art and Ideas (IAI Online Magazine).
    Essay exploring the extent to which certain agreements between the police and informants are an affront (both procedurally and substantively) to basic tenets of the liberal tradition in legal and political philosophy.
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
Right to Political Participation
  1. The Morality of Price/Quality and Ethical Consumerism.Julian Fink & Daniel Schubert - 2019 - Res Publica 25 (3):425-438.
    Hussain claims that ethical consumers are subject to democratic requirements of morality, whereas ordinary price/quality consumers are exempt from these requirements. In this paper, we demonstrate that Hussain’s position is incoherent, does not follow from the arguments he offers for it, and entails a number of counterintuitive consequences.
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  2. حکمت و حکومت (Hekmat Va Hokumat).Mehdi Haeri Yazdi - 1994 - Londan: Shadi.
    Remove from this list   Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  3. Participation and Organizational Commitment During Change: From Utopist to Realist Perspectives.Rune Lines & Marcus Selart - 2013 - In Skipton Leonard, Rachel Lewis, Arthur Freedman & Jonathan Passmore (eds.), Handbook of the psychology of leadership, change, and organizational development. Wiley-Blackwell. pp. 289-313.
    Trust has a great potential for furthering our understanding of organizational change and learning. This potential however remains largely untapped. It is argued that two reasons as for why this potential remains unrealized are: (i) A narrow conceptualization of change as implementation and (ii) an emphasis on direct and aggregated effects of individual trust to the exclusion of other effects. It is further suggested that our understanding of the effects of trust on organizational change, should benefit from including effects of (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  4. Vernünftige Existenz als Weltbewältigung. Eine Kritik der weltanschaulichen Neutralität säkularer Vernunft bei Jürgen Habermas.Maximilian Runge - manuscript
    Since Jürgen Habermas' speech for the Peace Price of the German Book Trade in October 2001, secular reason – personified by one of its main protagonists – has been able to debate with religion anew. For the purpose of an unbiased encounter between philosophy and religion, Habermas introduced the term “postsecular” back then in order to emphasize that this dialogue was inevitably necessary, all the more in the face of religiously motivated terrorism. Nonetheless, this willingness to debate was accompanied by (...)
    Remove from this list   Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
Constitutional Rights
  1. Reformas al Estado Social en América Latina: un análisis desde el desarrollo en el nuevo constitucionalismo latinoamericano.Juan Daniel Giraldo Hincapié, Daniel Fernando Ramírez Martínez & Brigit Joaly Zapata Muñoz - 2017 - Revista Justicia y Derecho 5:68-102.
    Abstract: The New Latin-American Constitutionalism (NCL) is a new theory represented by the last-two decades constitutions of Colombia, Venezuela, Ecuador, and Bolivia. These constitutional texts share special characteristics in their originality and their comprehension of the features of their societies, which have originated new mechanism and institutions in constitutional theory, in order to advance the development of their nations. This paper analyzes the aspects of democracy, economic regulation, and peace building, as fundamental elements of NCL, in order to prove the (...)
    Remove from this list   Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  2. What We Talk About When We Talk About Dignity in Policing.Luke William Hunt - 2018 - Virginia Criminal Justice Bulletin 3 (2).
    This essay sketches various conceptions of dignity and how those conceptions might be relevant to police brutality and legal rights.
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  3. Legal Archetypes and Metadata Collection.Alan Rubel - 2017 - Wisconsin International Law Review 34 (4):823-853.
    In discussions of state surveillance, the values of privacy and security are often set against one another, and people often ask whether privacy is more important than national security.2 I will argue that in one sense privacy is more important than national security. Just what more important means is its own question, though, so I will be more precise. I will argue that national security rationales cannot by themselves justify some kinds of encroachments on individual privacy (including some kinds that (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  4. Why the Late Justice Scalia Was Wrong: The Fallacies of Constitutional Textualism.Ken Levy - 2017 - Lewis and Clark Law Review 21 (1):45-96.
    My article concerns constitutional interpretation and substantive due process, issues that played a central role in Obergefell v. Hodges (2015), one of the two same-sex marriage cases. (The other same-sex marriage case was United States v. Windsor (2013).) -/- The late Justice Scalia consistently maintained that the Court “invented” substantive due process and continues to apply this legal “fiction” not because the Constitution supports it but simply because the justices like it. Two theories underlay his cynical conclusion. First is the (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  5. African Values and Human Rights as Two Sides of the Same Coin: Reply to Oyowe.Thaddeus Metz - 2014 - African Human Rights Law Journal 14 (2):306-21.
    In an article previously published in this Journal, Anthony Oyowe critically engages with my attempt to demonstrate how the human rights characteristic of South Africa’s Constitution can be grounded on a certain interpretation of Afro-communitarian values that are often associated with talk of ‘ubuntu’. Drawing on recurrent themes of human dignity and communal relationships in the sub-Saharan tradition, I have advanced a moral-philosophical principle that I argue entails and plausibly explains a wide array of individual rights to civil liberties, political (...)
    Remove from this list   Download  
    Translate
     
     
    Export citation  
     
    Bookmark   1 citation  
  6. In Defence of Two-Step Balancing and Proportionality in Rights Adjudication.Charles-Maxime Panaccio - 2011 - Canadian Journal of Law and Jurisprudence 24 (1):109-128.
    Two-step proportionality-balancing [TSPB] has become the standard method for human and constitutional rights decision-making. The first step consists in determining whether a rights-provision has been infringed/limited; if the answer to that first question is positive, the second step consists in determining whether the infringement/limit is reasonable or justified according to a proportionality analysis. TSPB has regularly been the target of some criticism. Critiques have argued that both its ‘two-step’ and ‘proportionality’ elements distort reality by promoting a false picture of rights (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
Civil and Political Rights, Misc
  1. Liberalism and Policing: The State We're In.Luke William Hunt - 2018 - In the Long Run (University of Cambridge).
    Short online essay on the state of policing in liberal societies, discussing how executive discretionary power has grown to such a degree that it has trended toward illiberal practices and policies.
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  2. Seperation of Church and State.Lawrence Torcello - 2011 - In Deen Chatterjee (ed.), Encyclopedia of Global Justice Vol. 2. Springer. pp. 995-999.
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  3. A Better, Dual Theory of Human Rights.Marcus Arvan - 2014 - Philosophical Forum 45 (1):17-47.
    Human rights theory and practice have long been stuck in a rut. Although disagreement is the norm in philosophy and social-political practice, the sheer depth and breadth of disagreement about human rights is truly unusual. Human rights theorists and practitioners disagree – wildly in many cases – over just about every issue: what human rights are, what they are for, how many of them there are, how they are justified, what human interests or capacities they are supposed to protect, what (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  4. Review of Hauke Brunkhorst, Habermas. [REVIEW]Marco Solinas - 2009 - Iride: Filosofia e Discussione Pubblica (56):253-254.
    Remove from this list   Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  5. 'Democracy and Voting: A Response to Lisa Hill'.Annabelle Lever - 2010 - British Journal of Political Science 40:925-929.
    Lisa Hill’s response to my critique of compulsory voting, like similar responses in print or in discussion, remind me how much a child of the ‘70s I am, and how far my beliefs and intuitions about politics have been shaped by the electoral conflicts, social movements and violence of that period. -/- But my perceptions of politics have also been profoundly shaped by my teachers, and fellow graduate students, at MIT. Theda Skocpol famously urged political scientists to ‘bring the state (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  6. Privacy and Democracy: What the Secret Ballot Reveals.Annabelle Lever - 2015 - Law, Culture and the Humanities 11 (2).
    : Does the rejection of pure proceduralism show that we should adopt Brettschneider’s value theory of democracy? The answer, this paper suggests, is ‘no’. There are a potentially infinite number of incompatible ways to understand democracy, of which the value theory is, at best, only one. The paper illustrates and substantiates its claims by looking at what the secret ballot shows us about the importance of privacy and democracy. Drawing on the reasons to reject Mill’s arguments for open voting, in (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark   6 citations  
  7. Privacy: Restrictions and Decisions.Annabelle Lever - 2013 - In Steven Scalet and Christopher Griffin (ed.), APA Newsletter on Philosophy and Law. pp. 1-6.
    This article forms part of a tribute to Anita L. Allen by the APA newletter on Philosophy and Law. It celebrates Allen's work, but also explains why her conception of privacy is philosophically inadequate. It then uses basic democratic principles and the example of the secret ballot to suggest how we might develop a more philosophically persuasive version of Allen's ideas.
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  8. A Modified Rawlsian Theory of Social Justice: “Justice as Fair Rights”.Rodney G. Peffer - 2008 - Proceedings of the Xxii World Congress of Philosophy 50:593-608.
    In my 1990 work – Marxism, Morality, and Social Justice – I argued for four modifications of Rawls’s principles of social justice and rendered a modified version of his theory in four principles, the first of which is the Basic Rights Principle demanding the protection of people’s security and subsistence rights. In both his Political Liberalism and Justice as Fairness Rawls explicitly refers to my version of his theory, clearly accepting three of my four proposed modifications but rejecting the fourth (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  9. What's Wrong with Racial Profiling? Another Look at the Problem.Annabelle Lever - 2007 - Criminal Justice Ethics 26 (1):20-28.
    According to Mathias Risse and Richard Zeckhauser, racial profiling can be justified in a society, such as the contemporary United States, where the legacy of slavery and segregation is found in lesser but, nonetheless, troubling forms of racial inequality. Racial profiling, Risse and Zeckhauser recognize, is often marked by police abuse and the harassment of racial minorities and by the disproportionate use of race in profiling. These, on their view, are unjustified. But, they contend, this does not mean that all (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark   7 citations  
  10. Compulsory Voting: A Critical Perspective.Annabelle Lever - 2010 - British Journal of Political Science 40:897-915.
    Should voting be compulsory? This question has recently gained the attention of political scientists, politicians and philosophers, many of whom believe that countries, like Britain, which have never had compulsion, ought to adopt it. The arguments are a mixture of principle and political calculation, reflecting the idea that compulsory voting is morally right and that it is will prove beneficial. This article casts a sceptical eye on the claims, by emphasizing how complex political morality and strategy can be. Hence, I (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark   4 citations  
  11. Democracy and Security.Annabelle Lever - 2013 - The Philosophers' Magazine 63 (4):99-110.
    It is especially hard, at present, to read the newspapers without emitting a howl of anguish and outrage. Philosophy can heal some wounds but, in this case, political action may prove a better remedy than philosophy. It can therefore feel odd trying to think philosophically about surveillance at a time like this, rather than joining with like-minded people to protest the erosion of our civil liberties, the duplicity of our governments, and the failings in our political institutions - including our (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  12. Is Judicial Review Undemocratic?Annabelle Lever - 2009 - Perspectives on Politics 7 (4):897-915.
    This paper examines Jeremy Waldron’s ‘core case’ against judicial review. Waldron’s arguments, it shows, exaggerate the importance of voting to our judgements about the legitimacy and democratic credentials of a society and its government. Moreover, Waldron is insufficiently sensitive to the ways that judicial review can provide a legitimate avenue of political activity for those seeking to rectify historic injustice. While judicial review is not necessary for democratic government, the paper concludes that Waldron is wrong to believe that it is (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark   1 citation  
  13. Must Privacy and Sexual Equality Conflict? A Philosophical Examination of Some Legal Evidence.Annabelle Lever - 2001 - Social Research 67 (4):1137-1171.
    Are rights to privacy consistent with sexual equality? In a brief, but influential, article Catherine MacKinnon trenchantly laid out feminist criticisms of the right to privacy. In “Privacy v. Equality: Beyond Roe v. Wade” she linked familiar objections to the right to privacy and connected them to the fate of abortion rights in the U.S.A. (MacKinnon, 1983, 93-102). For many feminists, the Supreme Court’s decision in Roe v. Wade (1973) had suggested that, notwithstanding a dubious past, legal rights to privacy (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark   2 citations