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Full-Text Articles in Political Science

Party Capability And The U.S. Courts Of Appeals: Understanding Why The “Haves” Win, John Szmer, Donald R. Songer, Jennifer Barnes Bowie Apr 2016

Party Capability And The U.S. Courts Of Appeals: Understanding Why The “Haves” Win, John Szmer, Donald R. Songer, Jennifer Barnes Bowie

Political Science Faculty Publications

While many studies have examined party capability theory, few have empirically examined the potential causal mechanisms underlying the theory. We do this by combining quantitative analyses with qualitative data drawn from interviews with over 60 US courts of appeals judges. We find that the “haves,” or repeat players, hire better lawyers and that these lawyers independently contribute to the success of the repeat players. We also find that the advantages of the haves extend to all parties, though to a lesser extent than the advantages enjoyed by the US government. These results remain robust after controlling for ideology.


Ethical Decision Making And Leadership: Merging Social Role And Self-Construal Perspectives, Crystal L. Hoyt, Terry L. Price Sep 2013

Ethical Decision Making And Leadership: Merging Social Role And Self-Construal Perspectives, Crystal L. Hoyt, Terry L. Price

Jepson School of Leadership Studies articles, book chapters and other publications

This research extends our understanding of ethical decision making on the part of leaders by merging social role and self-construal perspectives. Interdependent self-construal is generally seen as enhancing concern for justice and moral values. Across two studies we tested the prediction that non-leading group members’ interdependent self-construal would be associated with lower levels of unethical decision making on behalf of their group but that, in contrast, this relationship would be weaker for leaders, given their social role. These predictions were experimentally tested by assigning participants to the role of leader or non-leading group member and assessing the association between their ...


Politics And Philosophy In Aristotle's Critique Of Plato's Laws, Kevin M. Cherry Jan 2013

Politics And Philosophy In Aristotle's Critique Of Plato's Laws, Kevin M. Cherry

Political Science Faculty Publications

Whether on matters of politics or physics, Aristotle's criticism of his predecessors is not generally considered a model of charitable interpretation. He seems to prefer, as Christopher Rowe puts it, "polemic over accuracy" (2003, 90). His criticism of the Laws is particularly puzzling: It is much shorter than his discussion of the Republic and raises primarily technical objections of questionable validity. Indeed, some well-known commentators have concluded the criticisms, as we have them in the Politics, were made of an earlier draft of the Laws and that Plato, in light of these criticisms, revised the final version. I hope ...


Leadership Ethics, Joanne B. Ciulla, Mary Uhl-Bien, Patricia H. Werhane Jan 2013

Leadership Ethics, Joanne B. Ciulla, Mary Uhl-Bien, Patricia H. Werhane

Bookshelf

Research into the topic of leadership ethics has grown and evolved gradually over the past few decades. This timely set arrives at an important moment in the subject's history. In a relatively new field, such a collection offers scholars more than articles on a topic; it also serves to outline the parameters of the field. Carefully structured over three volumes, the material runs through an understanding of the key philosophic and practical questions in leadership ethics along with a wide range of literature - from disciplines including philosophy, business and political science, to name a few- that speaks to these ...


Play Fair With Recidivists, Richard Dagger Jan 2012

Play Fair With Recidivists, Richard Dagger

Political Science Faculty Publications

Retributivists thus face a difficult challenge. Either we must go against the social grain, and perhaps our own intuitions, by insisting that a criminal offense carry the same penalty or punishment no matter how many previous convictions an offender has accrued; or we must find a way to justify the recidivist premium. I shall take the second route here by arguing that recidivism itself is a kind of criminal offense. In developing this argument, I shall rely on Youngjae Lee's insightful analysis of "recidivism as omission." I shall complement his analysis, however, by grounding it in a conception of ...


Executive Power In Theory And Practice, Hugh Liebert, Gary L. Mcdowell, Terry L. Price Jan 2012

Executive Power In Theory And Practice, Hugh Liebert, Gary L. Mcdowell, Terry L. Price

Bookshelf

Since September 11, 2001, long-standing debates over the nature and proper extent of executive power have assumed a fresh urgency. What is executive power? When did it first emerge, and why? And what is the role of the executive within the American regime? In this book, eleven leading scholars of American politics and political theory address these and related questions, in essays on topics ranging from Aristotle and the Roman Republic to the presidencies of George W. Bush and Barack Obama.


The Principle Of Fairness And States’ Duty To Obey International Law, David Lefkowitz Jul 2011

The Principle Of Fairness And States’ Duty To Obey International Law, David Lefkowitz

Philosophy Faculty Publications

Philosophers and political theorists have developed a number of different justifications for the duty to obey domestic law. The possibility of using one (or more) of these justifications to demonstrate that states have a duty to obey international law seems a natural starting point for an analysis of international political obligation. Amongst the accounts of the duty to obey domestic law, one that appears to have a great deal of intuitive appeal, and that has attracted a significant number of philosophical defenders, is the principle of fairness (or fair play). In this paper, I examine the possibility of using the ...


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.


Social Contracts, Fair Play, And The Justification Of Punishment, Richard Dagger Jan 2011

Social Contracts, Fair Play, And The Justification Of Punishment, Richard Dagger

Political Science Faculty Publications

In recent years, the counterintuitive claim that criminals consent to their own punishment has been revived by philosophers who attempt to ground the justification of punishment in some version of the social contract. In this paper, I examine three such attempts—“contractarian” essays by Christopher Morris and Claire Finkelstein and an essay by Corey Brettschneider from the rival “contractualist” camp—and I find all three unconvincing. Each attempt is plausible, I argue, but its plausibility derives not from the appeal to a social contract but from considerations of fair play. Rather than look to the social contract for a justification ...


Putting Experts In Their Place: The Challenge Of Expanding Participation While Solving Problems, Thad Williamson Jan 2011

Putting Experts In Their Place: The Challenge Of Expanding Participation While Solving Problems, Thad Williamson

Jepson School of Leadership Studies articles, book chapters and other publications

This essay critically examines possibilities for expanding democratic participatory governance in light of Mark Bevir's treatment of the subject in his book Democratic Governance. The essay argues that a theory of participatory governance should retain an explicit role for expert analysis, and that the appropriate scope given to such analysis will vary by policy area. The essay also argues that the present organization of capitalist economies mandates a heavy reliance on experts, and that a full-blown account of expanding participatory governance thus must be paired with an account of how to achieve a more democratic political economy. Such an ...


Political Traditions: Left Political Movements And The Politics Of Social Justice, Thad Williamson Jan 2010

Political Traditions: Left Political Movements And The Politics Of Social Justice, Thad Williamson

Jepson School of Leadership Studies articles, book chapters and other publications

Left political traditions, in this chapter, refer to systems of political thought and theories of political action that aim to transform existing political and economic institutions so as to increase substantially the political and economic power of ordinary people, to eliminate or reduce invidious forms of social inequality, and to prevent private interests from trumping the common good. Although the Left (so defined) shares some goals with liberalism, civic republicanism, and even conservatism, it differs from those political traditions (as generally understood) in that it does not seek to legitimate existing political, economic, and constitutional structures or provide an account ...


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 ...


Virtue, Richard Dagger Jan 2010

Virtue, Richard Dagger

Political Science Faculty Publications

In political theory, the word virtue usually refers to the disposition or character traits appropriate to a citizen. Someone who takes the responsibilities of citizenship seriously, to the point of putting the common good ahead of his or her personal interests, is thus said to display civic virtue. Political theorists have frequently warned that such virtue cannot be taken for granted, however, and many of them have urged that steps be taken to promote or foster civic virtue. This concern for the fragility of civic virtue is a clear theme in ancient (or classical) political thought, but it has also ...


Political Traditions: Conservatism, Liberalism, And Civic Republicanism, Thad Williamson Jan 2010

Political Traditions: Conservatism, Liberalism, And Civic Republicanism, Thad Williamson

Jepson School of Leadership Studies articles, book chapters and other publications

How unequal authority and power can be justified is a central question of political theory and of leadership studies (Price & Hicks, 2006). Indeed, while in everyday language leadership is commonly viewed as a positive term and the word leader connotes respect, in some political vernaculars, the very idea of leadership is suspect, if not embarrassing. For instance, one of the most influential public intellectuals of the late 20th century, Noam Chomsky, consistently refers to leadership in disparaging way. In Chomsky's (2005) view, leadership is a code word intended to justify class rule, vastly unequal political and economic power, and ...


Republicanism And Crime, Richard Dagger Jan 2009

Republicanism And Crime, Richard Dagger

Political Science Faculty Publications

These are but two of the difficult questions that arise when one examines the claim that crime is a public wrong. I take it, though, that their difficulty is an indication of the importance of thinking through the presuppositions and implications of this conception of crime, not a reason to abandon it. A thorough 'thinking through' is too large and complex a task for this chapter, but it is possible to make a case here for the right way to proceed with such an undertaking. That right way, in my view, is to look to the republican tradition of political ...


Property-Owning Democracy And The Demands Of Justice, Thad Williamson, Martin O'Neill Jan 2009

Property-Owning Democracy And The Demands Of Justice, Thad Williamson, Martin O'Neill

Jepson School of Leadership Studies articles, book chapters and other publications

John Rawls is arguably the most important political philosopher of the past century. His theory of justice has set the agenda for debate in mainstream political philosophy for the past forty years, and has had an important influence in economics, law, sociology, and other disciplines. However, despite the importance and popularity of Rawls's work, there is (rather surprisingly) no clear picture of what a society that met Rawls's principles of justice would actually look like.


(Dis)Solving The Chronological Paradox In Customary International Law: A Hartian Approach, David Lefkowitz Jan 2008

(Dis)Solving The Chronological Paradox In Customary International Law: A Hartian Approach, David Lefkowitz

Philosophy Faculty Publications

As traditionally conceived, the creation of a new rule of customary international law requires that states believe the law to already require the conduct specified in the rule. Distinguishing the process whereby a customary rule comes to exist from the process whereby that customary rule becomes law dissolves this chronological paradox. Creation of a customary rule requires only that states come to believe that there exists a normative standard to which they ought to adhere, not that this standard is law. What makes the customary rule law is adherence by officials in the international legal system to a rule of ...


On The Foundation Of Rights To Political Self-Determination: Secession, Non-Intervention, And Democratic Governance, David Lefkowitz Jan 2008

On The Foundation Of Rights To Political Self-Determination: Secession, Non-Intervention, And Democratic Governance, David Lefkowitz

Philosophy Faculty Publications

From a justificatory standpoint, perhaps the most basic question with respect to secession is what, if anything, provides the moral foundation for a group’s right to secede. My aim here is to make a start to answering this question. I do so, however, by considering a different, albeit closely related, question, namely what is the nature of the wrong done to members of a qualified group denied secession by the state that currently rules them? A compelling answer to this latter question, I suggest, will contribute significantly to a satisfactory answer of the former one.


Simmons’ Critique Of Natural Duty Approaches To The Duty To Obey The Law, David Lefkowitz Oct 2007

Simmons’ Critique Of Natural Duty Approaches To The Duty To Obey The Law, David Lefkowitz

Philosophy Faculty Publications

In his most recent book on the moral duty to obey the law, A. John Simmons considers and rejects a number of natural duty approaches to justifying political authority. Among the targets of Simmons’ criticism is the account defended by the book’s co-author, Christopher Heath Wellman. In this essay, I evaluate the force of Simmons’ objections to Wellman’s account of political obligation. As will become clear below, I think Wellman’s defense of the duty to obey the law defective in certain ways—but not in all of the ways that Simmons argues it is. By rebutting some ...


A Theory Of Political Obligation: Membership, Commitment, And The Bonds Of Society By Margaret Gilbert (Book Review), David Lefkowitz Jun 2007

A Theory Of Political Obligation: Membership, Commitment, And The Bonds Of Society By Margaret Gilbert (Book Review), David Lefkowitz

Philosophy Faculty Publications

Does membership in a political society, in and of itself, involve obligations to uphold that society’s political institutions? Margaret Gilbert offers a novel argument in defense of an affirmative answer to this question, which she labels the membership problem. Given a plausible construal of the concepts obligation, political society, and membership in a political society, Gilbert argues that it follows analytically that to be a member of a political society just is to have an obligation to uphold and support that society’s political institutions. The key to Gilbert’s argument is the idea of a joint commitment; those ...


Inventing Leadership: The Challenge Of Democracy, J. Thomas Wren Jan 2007

Inventing Leadership: The Challenge Of Democracy, J. Thomas Wren

Bookshelf

The tension between ruler and ruled in democratic societies has never been satisfactorily resolved, and the competing interpretations of this relationship lie at the bottom of much modern political discourse. In this fascinating book, Thomas Wren clarifies and elevates the debates over leadership by identifying the fundamental premises and assumptions that underlie past and present understandings.


The Duty To Obey The Law, David Lefkowitz Nov 2006

The Duty To Obey The Law, David Lefkowitz

Philosophy Faculty Publications

Under what conditions, if any, do those the law addresses have a moral duty or obligation to obey it simply because it is the law? In this essay, I identify five general approaches to carrying out this task, and offer a somewhat detailed discussion of one or two examples of each approach. The approaches studied are: relational-role approaches that appeal to the fact that an agent occupies the role of member in the political community; attempts to ground the duty to obey the law in individual consent or fair play; natural duty approaches; instrumental approaches; and philosophical anarchism, an approach ...


On Moral Arguments Against A Legal Right To Unilateral Humanitarian Intervention, David Lefkowitz Apr 2006

On Moral Arguments Against A Legal Right To Unilateral Humanitarian Intervention, David Lefkowitz

Philosophy Faculty Publications

As the international response to recent events in Darfur demonstrates, the restriction of authority to intervene to the United Nations poses the greater legal barrier to intervention. From a practical perspective, then, the more pressing question may be whether international law ought to be modified to permit states, or multi-state organizations, to carry out unilateral humanitarian interventions; that is, interventions that are not authorized by the United Nations. The issue here is essentially a moral one: would the incorporation of a right to unilateral humanitarian intervention entail a moral improvement to international law – for example, a decrease in the number ...


Utilitarianism And Beyond: Contemporary Analytical Political Theory, David Miller, Richard Dagger Jan 2006

Utilitarianism And Beyond: Contemporary Analytical Political Theory, David Miller, Richard Dagger

Political Science Faculty Publications

In this chapter we sketch a body of political thought that became predominant in the second half of the twentieth century among academic political philosophers, primarily in the English-speaking world, but increasingly elsewhere, too. To call this type of political thought ‘analytical’ may not be particularly revealing, but no other term better describes the movement in question. Sometimes ‘liberal political theory’ is used, and there is indeed a close connection between analytical theory and liberalism. But that label is in one way too broad and in another too narrow for this kind of political thinking: too broad because liberalism has ...


Freedom And Rights, Richard Dagger Jan 2006

Freedom And Rights, Richard Dagger

Political Science Faculty Publications

Liberalism, of course, is quite a capacious theory, with room for liberals to debate quite vigorously among themselves, as well as with others, the meaning and significance of freedom, rights and other concepts. It is also capacious enough to allow for a rethinking of these concepts at a time of pressing environmental problems. Such a rethmking, I shall argue, should lead us to conceive of freedom and rights less as barriers or shields that protect individuals against interference - as forms of independence - and more as matters of organic growth and connection, or interdependence. Indeed, we must conceive of freedom and ...


America And Enlightenment Constitutionalism, Gary L. Mcdowell, Johnathan O'Neill Jan 2006

America And Enlightenment Constitutionalism, Gary L. Mcdowell, Johnathan O'Neill

Bookshelf

America and Enlightenment Constitutionalism shows in detail the Enlightenment origin of the U.S. Constitution. It provides vivid analysis of how the Enlightenment's basic ideas were reformulated in the context of America. It is particularly successful in bringing out the competing strains of Enlightenment thought and of articulating crucial Enlightenment concepts of public opinion, equality, public reason, legislature and judiciary, revolution, law, and the people in their American context. The collection is timely given contemporary debates between republicans and liberals about constitutional interpretation which are addressed throughout.


Autonomy, Domination, And The Republican Challenge To Liberalism, Richard Dagger Jan 2005

Autonomy, Domination, And The Republican Challenge To Liberalism, Richard Dagger

Political Science Faculty Publications

Like Sunstein and other advocates of 'republican' or 'civic' liberalism, I believe that it is historically unsound and politically unwise to insist on a sharp distinction between liberalism and republicanism. Others disagree, however, and there is much to be learned from their position even if, ultimately, we should not adopt it. Those who take this more radical neo-republican view advance two main lines of argument: first, that the liberal emphasis on neutrality and procedural fairness is fundamentally at odds with the republican commitment to promoting civic virtue; and, second, that republicans and liberals conceive of liberty or freedom in incompatible ...


Politics, Rights, And The Refugee Problem, Richard Dagger Jan 2005

Politics, Rights, And The Refugee Problem, Richard Dagger

Political Science Faculty Publications

In The Origins of Totalitarianism, the political philosopher Hannah Arendt pointed to the years between World War I and World War II as the time when the plight of refugees became a pressing political problem.' If Arendt were still alive (she died in 1975), she would no doubt agree that the problem is at least as pressing in the early twenty-first century as it was sixty or more years ago, when she herself was a refugee from Nazi Germany. Who would not agree? According to a report of the U.N. Population Division, 16 million people were refugees at the ...


Communitarianism And Republicanism, Richard Dagger Jan 2004

Communitarianism And Republicanism, Richard Dagger

Political Science Faculty Publications

Communitarianism and republicanism are closely related schools of thought - so closely related that friend and foe alike sometimes conflate them. The relationship is evident in their Latin roots: communitarians are concerned with communitas, the common life of people who form a community, and republicans are devoted to the res publica, the good of the public. Of the two, however, only republicanism traces its lineage as well as its name to ancient Rome. Indeed, scholars often look beyond Rome to the philosophers and city-states of ancient Greece, particularly Aristotle and Sparta, for the origins of republicanism. For the origins of communitarianism ...


Republican Citizenship, Richard Dagger Jan 2002

Republican Citizenship, Richard Dagger

Political Science Faculty Publications

'Republican' and 'citizen', in fact, are old and intertwined words - so old that some may wonder at their relevance in the brave new world of the twenty-first century, and so intertwined that the phrase 'republican citizenship' seems almost redundant to others. There is no republic without citizens, after all; and, according to the classical republican thinkers, there is no citizenship, in the full sense of the word, except among those who are fortunate enough to inhabit a republic. But this view of citizenship's connection to republicanism no longer seems to prevail. If it did, there would be no need ...