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Political Speech in the Armed Forces: Shouting Fire in a Crowded Cyberspace

political expression of servicemembers (“SMs”) in the Armed Forces, whether they are active- duty members or National Guard or Reserves serving on active duty. These restrictions, while well-intentioned to ... well-intentioned to prevent actual or apparent political partisanship or bias within the military, have the undesired effect of deterring SMs from otherwise healthy political expression. With the advent

Methodological and conceptual approaches to research on the Colombian armed conflict and rurality. A relevant analysis for public health

the analyzed studies are from university institutional repositories and, in disciplinary terms, from social, human, and political sciences. Thus, the research methods that are used are primarily those ... included. Few works use explicit conceptual or theoretical references to armed conflict and rurality. This generates academic, ethical, and political concerns regarding how the realities of these issues are

Political Parties, Elections and Election Systems by Etem Aziri

differences between them. Classification of political parties according to the author, can be based on different criteria ranging from philosophy and political, to the political programs of up to parliamentary ... treatment of political parties as a global phenomenon. In 2004 published the book "Political parties and democracy", while two years "Sociology of political parties" - in modified version. This book differs

Putting Progress Back into Progressive: Reclaiming a Philosophy of History for the Constitution

jurisprudence and political philosophy, and thinkers across the political spectrum have appealed to it in various forms. For example, the social Darwinism of Herbert Spencer, which influenced the Lochner-era

Dworkin's Incomplete Interpretation of Democracy

that political institutions play in democracy, Dworkin fails to take his own method far enough. In particular, he limits his constructive interpretation of democracy to the practice of voting ... political community we risk losing grasp of an important aspect of democracy’s value. 9 What is Equality?, supra note 1, at 29. 2018] I. THE METHODOLOGY OF CONSTRUCTIVE INTERPRETATION Dworkin’s philosophy

The Gold Standard: Legal Theory and Fuller Revisited

another in the same society.16 While insightful, these prescriptive arguments in political and moral philosophy put positivist theory itself in the position of being entangled with morality, the very field ... arguments) from political or moral philosophy. The Midas Theory says that when the law seems to adopt conceptions from other domains of knowledge, the law is actually creating a legal analogue, an

Leo Strauss: An Intellectual Biography by Daniel Tanguay

The book ends with concluding remarks of the writer about the whole Leo Strauss’s thought. Although Leo Strauss’s philosophy is very complex especially in terms of so many different titles and ... twentieth century political philosophy but also enable to us with critical outlook about modern political philosophy and its problems. Apart from Introduction, the book consists of four main titles about Leo

The Problem of Purposiveness and the Objective Validity of Judgments in Kant's Theoretical Philosophy

History Commons, Legal The ory Commons, Metaphysics Commons, Other Philosophy Commons, and theRule of Law Commons 1 Thi s Article is brought to you for free and open access by the Law School at Washington ... philosophy and that this conception poses a single basic problem. As everyone who is but a little familiar with Kant’s writings knows, this is definitely not the case. There are already in his theoretical

Political Constructivism and Reasoning About Peremptory Norms of International Law

contract theory and of political constructivism more generally as an approach to understanding what it means to say that a legal norm, particularly a human rights norm, is of fundamental importance to the ... human rights norms‘ peremptory character lies at the crossroads between legal doctrine and political philosophy, and raises theoretical questions: Rather close to natural law is the notion of jus cogens

Doctrines of Discovery

Philosophy , Virginia Tech , USA 2 Jurisprudence Commons , Law and Philosophy Commons, Legal History Commons, Legal Theory 3 Part of the Ethics and Political Philosophy Commons , Indian and Aboriginal Law ... The papal discovery doctrine fell subject to broader, more trenchant criticism in the realm of philosophy than in the political arena. Early in the sixteenth century, disaffection emerged within Spanish

Political Strategies for Treating Illegal Drugs in Colombia

During the 1990's, institutionality in Colombia was negatively affected by large drug-dealing cartels. It was in this context where the Plan Colombia was born. This plan was a strategy to recover institutionality, reduce illegal coca and poppy plantations, weaken the economy of illegal insurgent groups, and restore investor confidence. Today, 13 years after the implementation of...

Political Constructivism and Reasoning About Peremptory Norms of International Law

contract theory and of political constructivism more generally as an approach to understanding what it means to say that a legal norm, particularly a human rights norm, is of fundamental importance to the ... human rights norms‘ peremptory character lies at the crossroads between legal doctrine and political philosophy, and raises theoretical questions: Rather close to natural law is the notion of jus cogens

American Law as Art: An Aesthetic Judgment

. in Political Science & Integrative Studies from the University Part of the Aesthetics Commons; Jurisprudence Commons; and the Legislation Commons - AMERICAN LAW AS ART: AN AESTHETIC JUDGMENT ABE C ... Political Science & Integrative Studies from the University of North Texas, Class of 2018. A quick thanks to Sam Blankenship, Galen Knowles, and Luke Tepen for their help with this Note. 1. Dennis Dutton

A Clash of Principles: Personal Jurisdiction and Two-Level Utilitarianism in the Information Age

Utilitarianism provides the best analytic framework for “minimum contacts” analyses in multi-state mass tort litigation. Utilitarianism is a consequentialist ethical philosophy contending that one ... . 4. See Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773, 1780–81 (2017). 5. See id. at 1776. 113 INTRODUCTION The first section of this note, titled “Background,” explores the philosophy

Civil Dissent by Obedience and Disobedience: Exploiting the Gap Between Official Rules and Societal Norms and Expectations

disobedience also avoids theoretical problems when confronted with general jurisprudence questions pertaining to the concept of law, and avoids practical problems, namely, sleight-of-hand political maneuvering. ... TO THE PHILOSOPHY OF LAW (2014). 38. Id. at 1–5. 39. Bulman-Pozen and Pozen disclaim any interest in wading into “analytic jurisprudence and political philosophy debates over the nature of legal

The Twin Temptations of Law and Economics

of political economy and the greater concerns for society and was transformed into an inquiry of efficiency alone. In so doing, greater legal relevancy was traded for empirical certainty. This Note ... economic inquiry. The evolution of economics from its philosophical origins to an empirical scientific discipline is important to the analysis of this Note.' 1. Greek Philosophy The ancient Greek

Corporate Identity and Group Dignity

the perspectives of moral philosophy and law, examining how the theories of the former inform and influence legal discourse and practices (including the recent cases of Citizens United and Hobby Lobby ... Ethics Commons, Business Organizations Law Commons , Jurisprudence Commons, Law and Philosophy Commons, and theLegal Theory Commons 1 This Article is brought to you for free and open access by the Law

İDEAL BİR SİYASAL YÖNETİM ARAYIŞI ve ANAYASAL DEMOKRASİ

Mankind searched the ideal political system throughout the history and we may predict that this search will not stop in any time. This paper aims to summarize the political systems in general and ... : Robert A. Dahl, Modern Political Analysis, 5th ed., Prentice Hall, New Jersey, 1991. s.59. Aristo’nun sınıflamasına göre eğer, yönetim kendi özel çıkarlarını halkın çıkarlarının üstünde tutan belirli bir

TEMSİLİ DEMOKRASİLERDE İDEAL BİR SİYASAL REJİM (HÜKÜMET SİSTEMİ) ARAYIŞI

A systems of government or form of state governance, refers to the set of political institutions by which a government of a state is organized in order to exert its powers. Political system or ... oluşturmaktadır. - make comparisons among political (governance) regimes? Those questions are the subject matter of this study. Political System, Political Regime, “Bütün insanlarda bir tehlike mevcuttur