Open Access. Powered by Scholars. Published by Universities.®

Political Science Commons

Open Access. Powered by Scholars. Published by Universities.®

Political Theory

2008

Institution
Keyword
Publication
Publication Type
File Type

Articles 31 - 60 of 65

Full-Text Articles in Political Science

(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.


The Politic 2008 Winter, The Politic, Inc. Jan 2008

The Politic 2008 Winter, The Politic, Inc.

The Politic

No abstract provided.


For Whom The Tel Tolls: Can State Tax And Expenditure Limits Effectively Reduce Spending?, Thad Kousser, Mathew D. Mccubbins, Ellen Moule Jan 2008

For Whom The Tel Tolls: Can State Tax And Expenditure Limits Effectively Reduce Spending?, Thad Kousser, Mathew D. Mccubbins, Ellen Moule

Faculty Scholarship

Can voters stop state governments from spending at high rates through the enactment of tax and expenditure limits (TELs), or do these laws become dead letters? We draw upon the principal-agent literature to theorize that TELs – one of the most frequent uses of the initiative process across the country – may be circumvented by the sorts of elected officials who would inspire their passage.

In order to investigate our claim, we conduct an event study. First, we test for the effectiveness of TELs across states using a differences-in-differences model. Second, we dissect our treatment variable using different legal provisions of the ...


Agenda Power In The Italian Chamber Of Deputies, 1988-2000, Gary W. Cox, William B. Heller, Mathew D. Mccubbins Jan 2008

Agenda Power In The Italian Chamber Of Deputies, 1988-2000, Gary W. Cox, William B. Heller, Mathew D. Mccubbins

Faculty Scholarship

We find strong evidence that governing coalitions in Italy exercise significant negative agenda powers. First, governing parties have a roll rate that is nearly zero, and their roll rate is lower than opposition parties’ roll rates, which average about 20% on all final passage votes. Second, we find that, controlling for distance from the floor median, opposition parties have higher roll rates than government parties. These results strongly suggest that governing parties in Italy are able to control the legislative agenda to their benefit. We also document significantly higher opposition roll rates on decree-conversion bills and budget bills that on ...


Public Leadership In The Political Arena, Lori Cox Han Jan 2008

Public Leadership In The Political Arena, Lori Cox Han

Political Science Faculty Books and Book Chapters

"In this chapter, I address the concept of leadership and the Important role that it now in the process at all levels and in various branches of I offer a definition of leadership and the various political that encompass this of governing. The vast scholarly literature that has developed in recent decades on the topic of presidential communications offers an excellent assessment of the contemporary importance of public leadership. I a brief overview of public strategies and how they have evolved over time (particularly in concurrence with technological advances in mass as well as relevant examples' that help us to ...


Administrative Law Agonistes, Mathew D. Mccubbins, Roger Noll, Barry R. Weingast, Daniel B. Rodriguez Jan 2008

Administrative Law Agonistes, Mathew D. Mccubbins, Roger Noll, Barry R. Weingast, Daniel B. Rodriguez

Faculty Scholarship

No abstract provided.


Complementary Institutions And Reflexive Governance In Autonomous Social Law, Richard R. Weiner Jan 2008

Complementary Institutions And Reflexive Governance In Autonomous Social Law, Richard R. Weiner

Faculty Publications

We approach institutions as stabilizing structures with consequences of functional incorporateness. Yet we also imagine, assert and enact claims and warrants as institutionalizable practices. There are functional supports. And there are the warranted claims of categorical normativity. Normativity in itself can be understood in terms of compliance with or acquiescence in legitimating structures. Yet normativity itself can be understood as a solidarism we intersubjectively co-constitute. The challenge in political thought has been dealing with the disincorporateness associated with modernity, specifically how a new order and dialogue may be of heterogeneous social values. A new way of ordering socioeconomic relationships of ...


Anarcho-Multiculturalism: The Pure Theory Of Liberalism, Chandran Kukathas Jan 2008

Anarcho-Multiculturalism: The Pure Theory Of Liberalism, Chandran Kukathas

Research Collection School of Social Sciences

Most modern states today are, at least to some degree, culturally diverse.Trade, tourism, international dialogue among scholars, scientists, and artists,and the movement of skilled labor—as well as migration—have ensured thatfew countries do not contain within them significant numbers of people fromalien cultures. The one cultural minority found almost everywhere is the international frequent flyer. Many societies today are multicultural because theyare open to a diversity of peoples who come and go and, sometimes, stay.


Democratic Failure: Tracking The Ebb Of Democracy's Flow, 1800–2006, Sanja E. Sray Jan 2008

Democratic Failure: Tracking The Ebb Of Democracy's Flow, 1800–2006, Sanja E. Sray

Graduate Program in International Studies Theses & Dissertations

Scant attention has focused on the systematic study of democratic failure. This dissertation partially corrects this oversight. Tracing the roots of antidemocratic sentiment across the centuries, it first argues that the advance of institutions, fueled by underlying shifts in values and innovation in political philosophy, was key to freeing democracy from its bondage as a most disparaged form of governance. Focusing on the measurable aspects of these institutions, the study focuses on describing patterns of behavior when democracies fail. First, it shows that there have been clusters of democratic failure. These clusters, or counterwaves, find their roots in ancient antidemocratic ...


Nothing But The Truth? Experiments On Adversarial Competition, Expert Testimony, And Decision Making, Cheryl Boudreau, Mathew D. Mccubbins Jan 2008

Nothing But The Truth? Experiments On Adversarial Competition, Expert Testimony, And Decision Making, Cheryl Boudreau, Mathew D. Mccubbins

Faculty Scholarship

Many scholars debate whether a competition between experts in legal, political, or economic contexts elicits truthful information and, in turn, enables people to make informed decisions. Thus, we analyze experimentally the conditions under which competition between experts induces the experts to make truthful statements and enables jurors listening to these statements to improve their decisions. Our results demonstrate that, contrary to game theoretic predictions and contrary to critics of our adversarial legal system, competition induces enough truth telling to allow jurors to improve their decisions. Then, when we impose additional institutions (such as penalties for lying or the threat of ...


When Voters Make Laws: How Direct Democracy Is Shaping American Cities, Elizabeth Garrett, Mathew D. Mccubbins Jan 2008

When Voters Make Laws: How Direct Democracy Is Shaping American Cities, Elizabeth Garrett, Mathew D. Mccubbins

Faculty Scholarship

No abstract provided.


The Globalization Of World Politics: Case Studies From Australia, New Zealand And The Asia Pacific, Stuart Murray Dec 2007

The Globalization Of World Politics: Case Studies From Australia, New Zealand And The Asia Pacific, Stuart Murray

Stuart Murray

No abstract provided.


The Libertarian Illusion, William Hudson Dec 2007

The Libertarian Illusion, William Hudson

William E. Hudson

Looking at public policy debates in conventional terms—in terms of conflict between the left and the right—has grown increasingly cumbersome in an era where conservatives call themselves revolutionaries and liberals strike positively Burkean poses when it comes to reforming Social Security or Medicare. Through an examination of the libertarian worldview, once on the margins of American politics but now in the mainstream, William E. Hudson shows how it has attracted powerful political supporters and is promoted by a network of institutions and policy advocates dedicated to its ideals. The Libertarian Illusion offers a well researched, balanced, and systematic ...


Is Federalism The Reason For Policy Failure In Hurricane Katrina?, Thomas Birkland, Sarah Waterman Dec 2007

Is Federalism The Reason For Policy Failure In Hurricane Katrina?, Thomas Birkland, Sarah Waterman

Thomas A Birkland

Governmental responses to Hurricane Katrina are generally cited as policy failures. Media and popular analyses focus on the federal government’s policy failures in hazard preparedness, response, and recovery. Meanwhile, disaster experts realize that disaster response is a shared intergovernmental responsibility.We examine the federal nature of natural disaster policy in the US to consider whether federalism, or other factors, had the greatest influence on the failures in Katrina.We find that some policy failures are related to policy design considerations based in federalism, but that the national focus on ‘‘homeland security’’ and the concomitant reduction in attention to natural ...


Eucharist And Dragon Fighting As Resistance: Against Commodity Fetishism And Scientism, Jeffery Nicholas Dec 2007

Eucharist And Dragon Fighting As Resistance: Against Commodity Fetishism And Scientism, Jeffery Nicholas

Jeffery L Nicholas

This paper examines two practices – the Roman Catholic Practice of Eucharist and the game Dungeons and Dragons – to show how social critique can be mounted from within a practice. It begins by relating Alasdair MacIntyre’s notion of tradition to his earlier analysis of ideology and to the notion of ideology in general. The paper then tackles two dominant forms of ideology – Commodity Fetishism and Scientism – and shows how both Eucharist and Dungeons and Dragons promote critical thinking to resist those ideologies. In the process, it denies the Althusserian-Foucauldian analysis of ideology as mere materiality and defends a conception of ...


Lots Of Luck: Contextualizing Sortition In Approaches To Chance, Mindy Peden Dec 2007

Lots Of Luck: Contextualizing Sortition In Approaches To Chance, Mindy Peden

Mindy Peden

Explores the ways in which luck and chance have been understood by political theorists. Contemporary political thinkers understand luck to describe those situations in which the individual subject has no control. Chance, however, has been understood in a variety of ways over time, beginning with Aristotle suggesting that chance is the “coincidental intersection of two separate causes.” Enlightenment thinkers argue, however, from a more deterministic perspective suggesting that chance is an epistemological category resulting from a deficit of human knowledge. In other words, the world is deterministic and certain even if not predictable by humans. That the world is a ...


Sovereignty As Discourse, Robert Tsai Dec 2007

Sovereignty As Discourse, Robert Tsai

Robert L Tsai

This is a review of Howard Schweber's book, "The Language of Liberal Constitutionalism" (Cambridge University Press, 2007). Schweber argues that "the creation of a legitimate constitutional regime depends on a prior commitment to employ constitutional language, and that such a commitment is both the necessary and sufficient condition for constitution making." I critique the power and limits of this reformulated Lockean thesis, as well as Schweber's secondary claims that, for constitutional language to remain legitimate, it must increasingly become autonomous, specialized, and secular.


How I Learned To Stop Worrying And Use The Legal Argument – A Critique Of Giorgio Agamben’S Notion Of Law, Leila Brännström Dec 2007

How I Learned To Stop Worrying And Use The Legal Argument – A Critique Of Giorgio Agamben’S Notion Of Law, Leila Brännström

Leila Brännström

Giorgio Agamben’s Homo Sacer. Sovereign Power and Bare Life, and State of Exception are, among other things, efforts to explore the deep structures shaping contemporary tendencies in the development of law and politics. Agamben offers us the diagnosis that we live in a ‘permanent state of exception’ – a situation in which law cannot be distinguished from lawlessness. He also suggests a prescription; we ought to look beyond law and reach for a realm of human activity ‘uncontaminated’ by law. He warns us that if we do not over- come law, we risk the ‘juridico-political’ system transforming itself into ‘a ...


Paramilitarismo, Desmovilización Y Reinserción. La Ley De Justicia Y Paz Y Sus Implicaciones En La Cultura Política, La Ciudadanía Y La Democracia En Colombia, Andrés Henao Castro, Oscar Mejía Quintana Dec 2007

Paramilitarismo, Desmovilización Y Reinserción. La Ley De Justicia Y Paz Y Sus Implicaciones En La Cultura Política, La Ciudadanía Y La Democracia En Colombia, Andrés Henao Castro, Oscar Mejía Quintana

Andrés Fabián Henao-Castro

No abstract provided.


China- Tibet Conflict, Allen Gnanam Dec 2007

China- Tibet Conflict, Allen Gnanam

Allen Gnanam

China- Tibet tensions are continually growing, as Tibetans are protesting for total independence from China, despite condemnation from their spiritual leader, the Dalai Lama, who is only seeking a sense of autonomy for Tibet (Sinder, 2008). As Tibetan protests are becoming violent and aggressive, the Dalai Lama has also threatened to resign as Tibet’s government in exile (Sinder, 2008), however, his rhetoric is not being exposed to the Tibetan people, due to government censorship in China. Therefore the Dalai Lama, an exiled institutional entrepreneur, has to find new methods that will enable his influential message, to be received by ...


Sobre Las Causas De La Pobreza Y El Déficit En La Realización De Derechos (Reseña), Leonardo García Jaramillo Dec 2007

Sobre Las Causas De La Pobreza Y El Déficit En La Realización De Derechos (Reseña), Leonardo García Jaramillo

Leonardo García Jaramillo

No abstract provided.


The Militant Protester As Model Citizen, Stephen D'Arcy Dec 2007

The Militant Protester As Model Citizen, Stephen D'Arcy

Stephen D'Arcy

Argues the militancy is a civic virtue.


¿Qué Es La Justicia Global? (Traducción), Leonardo García Jaramillo Dec 2007

¿Qué Es La Justicia Global? (Traducción), Leonardo García Jaramillo

Leonardo García Jaramillo

No abstract provided.


In The Form Of A Longhouse: Haudenosaunee Political Philosophy And Social Contract Theory, Sam Grey Dec 2007

In The Form Of A Longhouse: Haudenosaunee Political Philosophy And Social Contract Theory, Sam Grey

Sam Grey

This essay presents the Haudenosaunee Confederacy (sometimes referred to as the Iroquois League or Five Nations) as part of an alternative social contract theory, contrasting the social and political institutions and norms of the Five Nations with those proposed by Enlightenment-era philosophers. Although the oral history of the Haudenosaunee describes a Hobbesian ‘state of nature’ prior to the founding of the Confederacy, the Five Nations entered into, and constantly renewed, a substantially different ‘social contract’ than that theorized by Hobbes, Rousseau, or Locke. Because these differences reveal a unique understanding of human nature and potential, undergirded by distinctly Haudenosaunee political ...


In Harm's Way: Justification, Excuse, And Civilian Safety In Just War Theory, Sam Grey Dec 2007

In Harm's Way: Justification, Excuse, And Civilian Safety In Just War Theory, Sam Grey

Sam Grey

Just War Theory asserts that armed conflict can be fought in a way that safeguards moral and legal norms while responding to pragmatic/military imperatives. One of the ways in which it seeks to safeguard justice is through specific provisions for the immunity of, and due care for, the vulnerable and innocent. Unfortunately, two doctrines within Just War Theory – the Doctrine of Double Effect and the Doctrine of Supreme Emergency – suspend or vacate these provisions. The net effect is to render justifications inaccessible, leaving only excuses, the use of which establishes that no one is truly accountable, no meaningful guidance ...


Excerpt From Conspiracy Theories: Secrecy And Power In American Culture (Revised And Updated Edition), Mark Fenster Dec 2007

Excerpt From Conspiracy Theories: Secrecy And Power In American Culture (Revised And Updated Edition), Mark Fenster

Mark Fenster

This is the introduction to the revised and updated edition of Conspiracy Theories: Secrecy and Power in American Culture (Minneapolis: University of Minnesota Press, forthcoming 2008). The book challenges the dominant academic and popular approach to conspiracy theories, which views them as a paranoid, extremist expression of marginal groups and individuals that pathologically challenges the basic assumptions of American history and the pluralistic political system of the United States. The book is premised on the contrary proposition that the prevalence of conspiracy theories is neither necessarily pernicious nor external to American politics and culture but instead an integral aspect of ...


Human And Fundamental Rights And Duties In Portuguese Constitution. Some Reflections, Paulo Ferreira Da Cunha Dec 2007

Human And Fundamental Rights And Duties In Portuguese Constitution. Some Reflections, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

The Portuguese Constitution (1976) came after a period of 48 years of authoritarianism and a closed society, in which some happy few enjoyed great privileges while the great majority of people were charged with heavy duties So, by a very understandable "law of human nature", the constituent law givers could not reasonably impose constitutionally many obligations, in an autonomous way. As rights and duties are the twin sides of the same coin, the juridical formulation under the sign of rights also implies obligations, related to those same rights. This is kinder and more pleasant to do by a liberating Constitution...


El Derecho Natural, Historia E Ideologia, Paulo Ferreira Da Cunha Dec 2007

El Derecho Natural, Historia E Ideologia, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Intentemos retomar algunos hilos sueltos de discursos dispersos y con una nueva mirada analítica, procuremos ver una realidad sutil y huidiza: ese derecho natural que parece silencioso en nuestros días, y más silencioso aún en los discursos psitacistas: tanto en los pomposos como en los pseudo-rigurosos.


Princípio Republicano E Virtudes Republicanas, Paulo Ferreira Da Cunha Dec 2007

Princípio Republicano E Virtudes Republicanas, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

O presente artigo procura unir traços de aparente heterodoxia, recuperando, porém, paradigmas e tópicos que não são novos. Com efeito, nem as virtudes, nem a república, nem sequer a felicidade são novidades. O que talvez seja novo (new again) é o espírito de buscar outra vez as raízes, as fontes, para um intento de renovação do ambiente juspolítico. Somos naturalmente favorável a uma Constituição principial e valorativa, como a nossa. Mas parece-nos que há nela lugar a Virtudes (que já existem nela), e que a descoberta das Virtudes nas Constituições, e, logo, no Direito, é, afinal, um ovo de Colombo ...