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Full-Text Articles in Philosophy

Slogans Appropriate To The Legacy Of Martin Luther King Jr., Theodore Walker Jan 2019

Slogans Appropriate To The Legacy Of Martin Luther King Jr., Theodore Walker

Perkins Faculty Research and Special Events

For printing signs, banners, posters, tee shirts, and bumper stickers (and for preaching sermons) that are appropriate to the legacy of Rev. Dr. Martin Luther King Jr., please consider the following slogans: ABOLISH WAR, ABOLISH POVERTY, AMEND THE CONSTITUTION, SUPPORT AN ECONOMIC BILL OF RIGHTS, JOBS FOR ALL, GUARANTEED INCOME FOR ALL, SUPPORT UNIVERSAL BASIC INCOME, and GOOD NEWS TO THE POOR - Luke 4:14-19.


Reconsidering Judicial Independence: Forty-Five Years In The Trenches And In The Tower, Stephen B. Burbank Jan 2019

Reconsidering Judicial Independence: Forty-Five Years In The Trenches And In The Tower, Stephen B. Burbank

Faculty Scholarship at Penn Law

Trusting in the integrity of our institutions when they are not under stress, we focus attention on them both when they are under stress or when we need them to protect us against other institutions. In the case of the federal judiciary, the two conditions often coincide. In this essay, I use personal experience to provide practical context for some of the important lessons about judicial independence to be learned from the periods of stress for the federal judiciary I have observed as a lawyer and concerned citizen, and to provide theoretical context for lessons I have deemed significant as ...


The Purpose Of America’S Public Lands, Kearstyn Cook Dec 2018

The Purpose Of America’S Public Lands, Kearstyn Cook

Honors Theses (PPE)

What is the purpose of America’s public lands? By first reviewing the rise of different conceptions of public lands over the course of American history, then discussing more modern controversies involving the Bears Ears National Monument and the Malheur National Wildlife Refuge, it becomes clear that there are ultimately three possible solutions: commodification, transcendentalism / preservation, or conservationism. Ultimately, taking a philosophical approach by way of Plato’s definition of “the good life,” this thesis concludes that conservationism is the best conception of the purpose of public lands, because it accommodates for both consumptiveand non-consumptive uses. Accordingly, federal land managers ...


Rights And Retrenchment In The Trump Era, Stephen B. Burbank, Sean Farhang Oct 2018

Rights And Retrenchment In The Trump Era, Stephen B. Burbank, Sean Farhang

Faculty Scholarship at Penn Law

Our aim in this essay is to leverage archival research, data and theoretical perspectives presented in our book, Rights and Retrenchment: The Counterrevolution against Federal Litigation, as a means to illuminate the prospects for retrenchment in the current political landscape. We follow the scheme of the book by separately considering the prospects for federal litigation retrenchment in three lawmaking sites: Congress, federal court rulemaking under the Rules Enabling Act, and the Supreme Court. Although pertinent data on current retrenchment initiatives are limited, our historical data and comparative institutional perspectives should afford a basis for informed prediction. Of course, little in ...


American Populism Shouldn’T Have To Embrace Ignorance, Daniel R. Denicola Nov 2017

American Populism Shouldn’T Have To Embrace Ignorance, Daniel R. Denicola

Philosophy Faculty Publications

Public ignorance is an inherent threat to democracy. It breeds superstition, prejudice, and error; and it prevents both a clear-eyed understanding of the world and the formulation of wise policies to adapt to that world.

Plato believed it was more than a threat: He thought it characterized democracies, and would lead them inevitably into anarchy and ultimately tyranny. But the liberal democracies of the modern era, grudgingly extending suffrage, have extended public education in parallel, in the hope of cultivating an informed citizenry. Yet today, given the persistence and severity of public ignorance, the ideal of an enlightened electorate seems ...


How Trump Won: Media And The Silent Majority In The 2016 Us Presidential Election, Joshua K. Miller Apr 2017

How Trump Won: Media And The Silent Majority In The 2016 Us Presidential Election, Joshua K. Miller

Senior Honors Theses

Donald Trump’s 2016 presidential campaign ended in victory because of two powerful forces: enormous media advantage gained through sensationalism and a strong coalition made up of evangelicals, pragmatic conservatives, and the silent majority. The work of Neil Postman sheds light on the underlying cultural foundation of Trump’s media advantage. Parallels from the video game industry explain how intentional sensationalism played into Trump’s success in the primary process. Evangelicals and pragmatic conservatives joined Trump’s coalition in spite of his scandals, and Eric Hoffer’s work helps explain his appeal to the silent majority. Ultimately, the patterns of ...


Reimagining Movements: Towards A Queer Ecology And Trans/Black Feminism, Gabriel Benavente Mar 2017

Reimagining Movements: Towards A Queer Ecology And Trans/Black Feminism, Gabriel Benavente

FIU Electronic Theses and Dissertations

This thesis seeks to bridge feminist and environmental justice movements through the literature of black women writers. These writers create an archive that contribute towards the liberation of queer, black, and transgender peoples.

In the novel Parable of the Talents, Octavia Butler constructs a world that highlights the pervasive effects of climate change. As climate change expedites poverty, Americans begin to blame others, such as queer people, for the destruction of their country. Butler depicts the dangers of fundamentalism as a response to climate change, highlighting an imperative for a movement that does not romanticize the environment as heteronormative, but ...


Bail Reform: New Directions For Pretrial Detention And Release, Megan Stevenson, Sandra G. Mayson Mar 2017

Bail Reform: New Directions For Pretrial Detention And Release, Megan Stevenson, Sandra G. Mayson

Faculty Scholarship at Penn Law

Our current pretrial system imposes high costs on both the people who are detained pretrial and the taxpayers who foot the bill. These costs have prompted a surge of bail reform around the country. Reformers seek to reduce pretrial detention rates, as well as racial and socioeconomic disparities in the pretrial system, while simultaneously improving appearance rates and reducing pretrial crime. The current state of pretrial practice suggests that there is ample room for improvement. Bail hearings are often cursory, with no defense counsel present. Money-bail practices lead to high rates of detention even among misdemeanor defendants and those who ...


Strict Liability's Criminogenic Effect, Paul H. Robinson Jan 2017

Strict Liability's Criminogenic Effect, Paul H. Robinson

Faculty Scholarship at Penn Law

It is easy to understand the apparent appeal of strict liability to policymakers and legal reformers seeking to reduce crime: if the criminal law can do away with its traditional culpability requirement, it can increase the likelihood of conviction and punishment of those who engage in prohibited conduct or bring about prohibited harm or evil. And such an increase in punishment rate can enhance the crime-control effectiveness of a system built upon general deterrence or incapacitation of the dangerous. Similar arguments support the use of criminal liability for regulatory offenses. Greater punishment rates suggest greater compliance.

But this analysis fails ...


Expanding The Debate: How Can Social Justice And Lasallian Priorities Influence The Electoral Process?, Rosemary Barbera Phd, Ernest Miller Fsc, D. Min. Oct 2016

Expanding The Debate: How Can Social Justice And Lasallian Priorities Influence The Electoral Process?, Rosemary Barbera Phd, Ernest Miller Fsc, D. Min.

Explorer Café

No abstract provided.


How Civility Works, Keith Bybee Sep 2016

How Civility Works, Keith Bybee

Institute for the Study of the Judiciary, Politics, and the Media at Syracuse University

Is civility dead? Americans ask this question every election season, but their concern is hardly limited to political campaigns. Doubts about civility regularly arise in just about every aspect of American public life. Rudeness runs rampant. Our news media is saturated with aggressive bluster and vitriol. Our digital platforms teem with expressions of disrespect and trolls. Reflecting these conditions, surveys show that a significant majority of Americans believe we are living in an age of unusual anger and discord. Everywhere we look, there seems to be conflict and hostility, with shared respect and consideration nowhere to be found. In a ...


The Republic Of Ignorance, Daniel R. Denicola Feb 2016

The Republic Of Ignorance, Daniel R. Denicola

Philosophy Faculty Publications

Ignorance is trending. Despite universal compulsory education; despite new tools for learning and great advances in knowledge; despite breathtaking increases in our ability to store, access, and share a superabundance of information - ignorance flourishes. [excerpt]


The Republic Of Ignorance, Daniel R. Denicola Jan 2016

The Republic Of Ignorance, Daniel R. Denicola

Philosophy Faculty Publications

“When did ignorance become a point of view?” the cartoon character Dilbert once asked. It’s a question that has become increasingly resonant these days—especially in our public life, and especially in our political campaigns in which elected officials and those who seek election seem to assume a startling level of public ignorance. Perhaps that’s smart. [excerpt]


Presidential War Powers As An Interactive Dynamic: International Law, Domestic Law, And Practice-Based Legal Change, Curtis A. Bradley, Jean Galbraith Jan 2016

Presidential War Powers As An Interactive Dynamic: International Law, Domestic Law, And Practice-Based Legal Change, Curtis A. Bradley, Jean Galbraith

Faculty Scholarship at Penn Law

There is a rich literature on the circumstances under which the United Nations Charter or specific Security Council resolutions authorize nations to use force abroad, and there is a rich literature on the circumstances under which the U.S. Constitution and statutory law allows the President to use force abroad. These are largely separate areas of scholarship, addressing what are generally perceived to be two distinct levels of legal doctrine. This Article, by contrast, considers these two levels of doctrine together as they relate to the United States. In doing so, it makes three main contributions. First, it demonstrates striking ...


How Secular Should Democracy Be? A Cross-Disciplinary Study Of Catholicism And Islam In Promoting Public Reason, David Ingram, David Ingram Oct 2014

How Secular Should Democracy Be? A Cross-Disciplinary Study Of Catholicism And Islam In Promoting Public Reason, David Ingram, David Ingram

Philosophy: Faculty Publications and Other Works

I argue that the same factors (strategic and principled) that motivated Catholicism to champion liberal democracy are the same that motivate 21st Century Islam to do the same. I defend this claim by linking political liberalism to democratic secularism. Distinguishing institutional, political, and epistemic dimensions of democratic secularism, I show that moderate forms of political and epistemic secularism are most conducive to fostering the kind of public reasoning essential to democratic legitimacy. This demonstration draws upon the ambivalent impact of Indonesia’s Islamic parties in advancing universal social justice aims as against more sectarian policies.


Afterword: The Libertarian Middle Way, Randy E. Barnett Jan 2013

Afterword: The Libertarian Middle Way, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

Libertarianism is sometimes portrayed as radical and even extreme. In this Afterword to a symposium on "Libertarianism and the Law" in the Chapman Law Review, I explain why, though it may be radical, libertarianism is far from extreme in comparison with its principal alternatives: the social justice of the Left or legal moralism of the Right. Social justice posits that everyone should get a certain amount of stuff; legal moralism posits that everyone should act in a certain way. But because there is no consensus about how much stuff each person should have or how exactly everyone should act, both ...


The Hanford Advisory Board: A Case Study In Democracy, Technology, And Representation, Alexander Sager, Alex Zakaras Nov 2012

The Hanford Advisory Board: A Case Study In Democracy, Technology, And Representation, Alexander Sager, Alex Zakaras

Philosophy Faculty Publications and Presentations

Highly technical policy decisions present daunting challenges for democracy. In order to hold public officials accountable, citizens must be able to see how policy decisions stand to affect their interests. If they are unable to do so, they can find themselves exposed to bureaucratic domination through the discretionary power of bureaucrats, scientists, or policy experts. One of the major tasks of empirically informed democratic theory is to analyze and evaluate practices and institutions that use public participation to try to render highly technical public decision-making more accountable to the public, and therefore more legitimate. This paper presents a case study ...


Breaking Free Of Managed Democracy In The United States, Sean Cunningham May 2012

Breaking Free Of Managed Democracy In The United States, Sean Cunningham

Senior Honors Projects

Breaking Free of Managed Democracy in the United States Sean Cunningham Sponsor: Eske Møllgaard, Philosophy

In the last four years I have had a number of opportunities to write about democracy in the United States and around the world. In this four year period there have been major democratic movements in North Africa, the Middle East, the United States, and elsewhere. Whether or not these democratic growths can remain is an important political and philosophical question that needs addressing. So it is only fitting that I dedicate my Honors Project to collecting my previous work on democracy in my philosophy ...


The Organization Of American States (Oas) In Rhetoric And Reality, Elizabeth Marie Moore Apr 2012

The Organization Of American States (Oas) In Rhetoric And Reality, Elizabeth Marie Moore

Philosophy Department Student Papers

The purpose of this study is to examine how well the countries in the Western Hemisphere translate Organization of American States’ (OAS) resolutions into actual meaningful legislation, and how international discourse influences, or does not, domestic policy. This study will utilize the data program QDA Miner in order to better analyze texts of agreements and treaties put forth by the OAS, and to highlight the correlation between different types of rhetoric and meaningful member state action. Data will be gathered primarily from the OAS’ own data bases and compiled into the QDA software for analysis. This analysis will allow the ...


Courageous Peace, Ann Abdoo Aug 2011

Courageous Peace, Ann Abdoo

Citizens for Peace

Is peace a sign of courage or weakness? This essay addresses the issue. It was published in the Michigan Department of Peace Campaign, Political Action Guide 2009-2010.

The Political Action Guide is published by Citizens for Peace, a grassroots organization from Michigan's 11th Congressional District. The Guide inclues information on the Department of Peace Legislation, historical and current as well as information on ways to become politically active.

Within the Guide, there is also a directory of many Michigan organizations working for a more peaceful world and the websites of national organizations.

To acquire a current edition, contact Colleen ...


Reaching Disagreement, David R. Hiley Jan 2011

Reaching Disagreement, David R. Hiley

The University Dialogue

No abstract provided.


Republicanism, Richard Dagger Jan 2011

Republicanism, Richard Dagger

Political Science Faculty Publications

Republicanism is an ancient tradition of political thought that has enjoyed a remarkable revival in recent years. As with liberalism, conservatism, and other enduring political traditions, there is considerable disagreement as to exactly what republicanism is and who counts as a republican, whether in the ancient world or contemporary times. Scholars agree, however, that republicanism rests on the conviction that government is not the domain of some ruler or small set of rulers, but is instead a public matter - the res publica - to be directed by self-governing citizens.


Othering Obama : How Whiteness Is Used To Undermine Authority, David S. Owen Jan 2010

Othering Obama : How Whiteness Is Used To Undermine Authority, David S. Owen

Faculty Scholarship

In this paper, I argue that the sociocultural structuring property of whiteness has been utilized to marginalize President Obama and effectively undermine his presidential authority. Whiteness functions in a largely invisible and ostensibly deracialized way to normalize the interests, needs, and values of whites, while at the same time marginalizing and devaluing the voice of people of color. Analyzing the health care debate through this theoretical lens generates insights into how the debate reproduced the system of racial oppression, and how whiteness functions in political discourse.


On The Study Of Judicial Behaviors: Of Law, Politics, Science And Humility, Stephen B. Burbank Apr 2009

On The Study Of Judicial Behaviors: Of Law, Politics, Science And Humility, Stephen B. Burbank

Faculty Scholarship at Penn Law

In this paper, which was prepared to help set the stage at an interdisciplinary conference held at the University of Indiana (Bloomington) in March, I first briefly review what I take to be the key events and developments in the history of the study of judicial behavior in legal scholarship, with attention to corresponding developments in political science. I identify obstacles to cooperation in the past – such as indifference, professional self-interest and methodological imperialism -- as well as precedents for cross-fertilization in the future. Second, drawing on extensive reading in the political science and legal literatures concerning judicial behavior, I seek ...


Policing Politics At Sentencing, Stephanos Bibas, Max M. Schanzenbach, Emerson H. Tiller Jan 2009

Policing Politics At Sentencing, Stephanos Bibas, Max M. Schanzenbach, Emerson H. Tiller

Faculty Scholarship at Penn Law

No abstract provided.


James Wilson And The Drafting Of The Constitution, William Ewald Jun 2008

James Wilson And The Drafting Of The Constitution, William Ewald

Faculty Scholarship at Penn Law

No abstract provided.


What Are America’S Obligations To Iraq After An Unjust War?, Brian Stiltner Aug 2007

What Are America’S Obligations To Iraq After An Unjust War?, Brian Stiltner

Philosophy, Theology and Religious Studies Faculty Publications

Since the goal of a just war is to restore a political condition of peace and justice, and since allowing a just war is always a mournful concession to the reality of injustice, a country that wins a war has post-bellum obligations to advance the common good within the losing nation and among the community of nations. It has the moral duty to make up for the damage it has caused, even if it was justified in causing that damage. (Note that the idea of a "just" war is not that war is a good in itself, but that it ...


What Is Democracy, And Is It The One?, Scott Smith Jan 2007

What Is Democracy, And Is It The One?, Scott Smith

The University Dialogue

No abstract provided.


Democracy And Capitalism: Oil And Water?, Nick Smith Jan 2007

Democracy And Capitalism: Oil And Water?, Nick Smith

The University Dialogue

No abstract provided.


Limits To Power: Some Friendly Reminders (Book Review), Ron Mock Nov 2006

Limits To Power: Some Friendly Reminders (Book Review), Ron Mock

Faculty Publications - Department of History, Politics, and International Studies

No abstract provided.