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Full-Text Articles in Political Science

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 ...


The Structural Injustice Of Forced Migration And The Failings Of Normative Theory, David Ingram Oct 2013

The Structural Injustice Of Forced Migration And The Failings Of Normative Theory, David Ingram

David Ingram

I propose to criticize two strands of argument - contractarian and utilitarian – that liberals have put forth in defense of economic coercion, based on the notion of justifiable paternalism. To illustrate my argument, I appeal to the example of forced labor migration, driven by the exigencies of market forces. In particular, I argue that the forced migration of a special subset of unemployed workers lacking other means of subsistence (economic refugees) cannot be redeemed paternalistically as freedom or welfare enhancing in the long run. I further argue that contractarian and utilitarian approaches are normatively incapable of appreciating this fact because the ...


Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram Oct 2013

Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram

David Ingram

In this paper I argue that the discourse theoretic account of human rights defended by Jürgen Habermas contains a fruitful tension that is obscured by its dominant tendency to identify rights with legal claims. This weakness in Habermas’s account becomes manifest when we examine how sweatshops diminish the secure enjoyment of subsistence, which Habermas himself (in recognition of the UDHR) recognizes as a human right. Discourse theories of human rights are unique in tying the legitimacy of human rights to democratic deliberation and consensus. So construed, their specific meaning and force is the outcome of historical political struggle. However ...


Human Rights Law And Military Aid Delivery: A Case Study Of The Leahy Law, Winifred Tate May 2013

Human Rights Law And Military Aid Delivery: A Case Study Of The Leahy Law, Winifred Tate

Winifred L. Tate

Explicitly prohibiting US military counternarcotics assistance to foreign military units facing credible allegations of abuses, Leahy Law creation and implementation illuminates the epistemological challenges of knowledge production about violence in the policy process. First passed in 1997, the law emerged from strategic alliances between elite NGO advocates, grassroots activists and critically located Congressional aides in response to the perceived inability of Congress to act on human rights information. I explore the resulting transformation of aid delivery: rather than suspend aid when no “clean” units could be found, US officials convinced their Colombian allies to create new units consisting of vetted ...


To Compete Globally, Brics Nations Need Reputation, Not Imitation, Ahmed E. Souaiaia May 2013

To Compete Globally, Brics Nations Need Reputation, Not Imitation, Ahmed E. Souaiaia

Ahmed E SOUAIAIA

The economic, political, and social rise of the Western block of nations was founded on the single most enduring currency: reputation. Reputation, the source of credibility and trust, is the real asset that allows the U.S. to project its stature around the world. BRICS nations cannot rise to prominence by mimicking developed countries. They must build their reputation first. Wealth is only a byproduct of this more precious commodity, and countries who have it can squander it just as emerging economies can acquire it. For either of those results to happen in any country, circumstantial conditions and principled actions ...


On The Need To Balance Endowments And Academic Integrity, Ahmed Souaiaia Apr 2013

On The Need To Balance Endowments And Academic Integrity, Ahmed Souaiaia

Ahmed E SOUAIAIA

As universities face revenues shortfalls due to national and global economic trends, administrators are forced to look for alternative funding streams. Some of the attractive options consist of creating satellite campuses in rich countries and accepting donors from individuals, corporations, and governments. What is the price of such new partnerships and what is the function of endowments for donors and the universities?


Womenpowerconnect Newsletter, Professor Vibhuti Patel Mar 2013

Womenpowerconnect Newsletter, Professor Vibhuti Patel

Professor Vibhuti Patel

No abstract provided.


Chapter 13: Operation Neptune Spear: Was Killing Bin Laden A Legitimate Military Objective?, Kevin H. Govern Feb 2013

Chapter 13: Operation Neptune Spear: Was Killing Bin Laden A Legitimate Military Objective?, Kevin H. Govern

Kevin H. Govern

In this chapter I take the killing of Osama bin Laden as a test case for considering the moral and legal status of intentionally killing individuals deemed a threat to national security, under conditions in which the object of the targeted attack is offered little or no opportunity to surrender to attacking forces. The target in such operations, in short, is treated as though he were a belligerent: a person placed on a kill list may be targeted in a way that would be legitimate if he were an enemy combatant. In such cases, we think of him as having ...


‘For The Times They Are A Changin’: Explaining U.S. Supreme Court Justices’ Voting Through Identification Of Micro-Publics, Brian P. Levey, Jeffrey L. Yates, Justin Moeller Dec 2012

‘For The Times They Are A Changin’: Explaining U.S. Supreme Court Justices’ Voting Through Identification Of Micro-Publics, Brian P. Levey, Jeffrey L. Yates, Justin Moeller

Brian P Levey

In assessing how social forces may shape U.S. Supreme Court justices’ decision making it has been presumed that there is one, singular public opinion and that it affects the individual justices in largely the same fashion. We suggest that it is more likely the case that justices’ world views are informed and shaped by a myriad of social concerns and group identities upon which these individuals structure and process their experiences and develop and refine their personal schemas. While some have already begun to question the proposition of a monolithic public opinion influence on judicial behavior and have begun ...


The Structure Of Constitutional Pluralism, Alec Stone Sweet Dec 2012

The Structure Of Constitutional Pluralism, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


Reassessing Corporate Personhood In The Wake Of Occupy Wall Street, Nick J. Sciullo Dec 2012

Reassessing Corporate Personhood In The Wake Of Occupy Wall Street, Nick J. Sciullo

Nick J. Sciullo

This article is about corporate personhood, discussed on the backdrop of class consciousness and criticisms of capital generated, in large part, by the recent and continuing Occupy Movements. I am at first concerned with articulating the evolving jurisprudence of corporate personhood as developed in the Supreme Court of the United States. Combined with this doctrinal approach, I offer a Marxist criticism of corporate personhood jurisprudence that culminates in a discussion of the Occupy Movements' logic of resistance to corporate domination in the United States' law and policy. First, I discuss the role Marxist criticism has played in legal discourse and ...


Voices In The Beyond: Judicial Psychology And Citizens United, Kirby Farrell Dec 2012

Voices In The Beyond: Judicial Psychology And Citizens United, Kirby Farrell

kirby farrell

Abstract: A psychological analysis of the Supreme Court’s controversial Citizens United decision finds the concept of agency or personhood conflicted in its use by the majority. Some conservative justices in this and some other decisions, including Voting Rights enforcement (2006) and death penalty jurisprudence, have positioned authority and the voices of affected “persons” in the beyond: that is, in an abstract or metaphysical zone wherein reasoning cannot follow or be held responsible.


Deleuze & Guattari And Minor Marxism, Eugene W. Holland Dec 2012

Deleuze & Guattari And Minor Marxism, Eugene W. Holland

Eugene W Holland

This paper suggests a version of Marxism - a minor Marxism - derived from Deleuze & Guattari's political philosophy.


‘Jogalkotási Javaslatok Megfogalmazása A Jogtudományban’ [Policy Proposals And Legal Scholarship], Péter Cserne, György Gajduschek Dec 2012

‘Jogalkotási Javaslatok Megfogalmazása A Jogtudományban’ [Policy Proposals And Legal Scholarship], Péter Cserne, György Gajduschek

Péter Cserne

This is the manuscript of a chapter written for a Hungarian handbook on legal scholarship. It provides an historical overview and a theoretical defense of a policy oriented, in contrast to doctrinal, study of law. The chapter also provides an introduction to the foundations and methodological tools of public policy analysis, including regulatory impact assessment.