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Full-Text Articles in Political Science

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 ...


A Randomly Selected Chamber: Promises And Challenges, Pierre-Etienne Vandamme, Antoine Verret-Hamelin Apr 2017

A Randomly Selected Chamber: Promises And Challenges, Pierre-Etienne Vandamme, Antoine Verret-Hamelin

Journal of Public Deliberation

This paper explores the idea of a randomly selected chamber of representatives (RSC) through an appreciation of the promises it offers and the challenges it would face. We identify two main promises: a RSC could offset the aristocratic character of elections, thereby increasing the legitimacy of the political system; and it could increase democracy’s epistemic potential, thanks to gains in terms of diversity, deliberations, humility, and long-term perspective. We then discuss four key challenges. First, participation: how can the chamber have diversity without mandatory participation or heavy sanctions? Second, how can we conceive or build legitimacy for this non-elected ...


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 ...


Explaining China's Contradictory Grand Strategy: Why Legitimacy Matters, Lukas K. Danner Oct 2016

Explaining China's Contradictory Grand Strategy: Why Legitimacy Matters, Lukas K. Danner

FIU Electronic Theses and Dissertations

This dissertation analyzed the internal incoherence of China’s grand strategy. To do so, it used the cultural driver of honor to explain the contradictory behavior of China, which ranges from peaceful, responsible international actor to assertive, revisionist rising power with hegemonic ambitions. The central research question asked why China often diverges from Peaceful Development, thus leading to major contradictions as well as possible misperceptions on the part of other nations. Honor was the standard of reference that was utilized and examined in order to establish congruence and coherence between deed and praxis. Accordingly, the first hypothesis of this study ...


A Functionalist Theory Of Oversight, Riccardo Pelizzo, Abel Kinyondo, Aminu Umar Jan 2015

A Functionalist Theory Of Oversight, Riccardo Pelizzo, Abel Kinyondo, Aminu Umar

riccardo pelizzo

The literature on oversight provides various approaches that have been used to measure oversight effectiveness. They include inferring oversight from the quality of governance, equating it with the presence of oversight activities as well as equating it with oversight capacity. However all these approaches are problematic as they wrongly consider oversight to be unidimensional. As a result they tend to produce measures that are too general and vague to provide a meaningful assessment of oversight effectiveness. It is in this context that this paper identifies the structural elements of oversight and goes on to contend that since oversight is a ...


Securitization And De‐Securitizaton In The Diaoyu/Senkaku Islands Dispute, Lukas Danner Mar 2014

Securitization And De‐Securitizaton In The Diaoyu/Senkaku Islands Dispute, Lukas Danner

Lukas K. Danner

No abstract provided.


以地区安全复合体理论解读钓鱼岛/尖阁诸岛冲突 [A Regional Security Complex Account Of The Diaoyu/Senkaku Islands Dispute], Lukas K. Danner Jan 2014

以地区安全复合体理论解读钓鱼岛/尖阁诸岛冲突 [A Regional Security Complex Account Of The Diaoyu/Senkaku Islands Dispute], Lukas K. Danner

Dr. Lukas K. Danner

No abstract provided.


Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram Oct 2013

Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram

David Ingram

It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual ...


Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram Jan 2013

Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram

Philosophy: Faculty Publications and Other Works

It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual ...


All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies And The Rule Of Law, Keith Bybee Nov 2012

All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies And The Rule Of Law, Keith Bybee

Keith J. Bybee

This paper contains the introduction to the new book, All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies and the Rule of Law (Stanford University Press, 2010).

The book begins with the observation that Americans are divided in their beliefs about whether courts operate on the basis of unbiased legal principle or of political interest. This division in public opinion in turn breeds suspicion that judges do not actually mean what they say, that judicial professions of impartiality are just fig leaves used to hide the pursuit of partisan purposes.

Comparing law to the practice of common courtesy ...


The Sources Of International Law: Some Philosophical Reflections, David Lefkowitz Jan 2010

The Sources Of International Law: Some Philosophical Reflections, David Lefkowitz

Philosophy Faculty Publications

It seems only natural to begin the study of international law with a description of its sources. After all, whether as practitioner or scholar a person cannot begin to ask or answer questions about international law until he or she has some sense of what the law is. This requires in turn a basic grasp of the processes whereby international legal norms and regimes come to exist. Thus students of international law must engage immediately with some of the most basic questions in the philosophy of law: what is law, and what is a legal order or system.

These questions ...


All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies And The Rule Of Law, Keith J. Bybee Jan 2010

All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies And The Rule Of Law, Keith J. Bybee

College of Law - Faculty Scholarship

This paper contains the introduction to the new book, All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies and the Rule of Law (Stanford University Press, 2010).

The book begins with the observation that Americans are divided in their beliefs about whether courts operate on the basis of unbiased legal principle or of political interest. This division in public opinion in turn breeds suspicion that judges do not actually mean what they say, that judicial professions of impartiality are just fig leaves used to hide the pursuit of partisan purposes.

Comparing law to the practice of common courtesy ...