Bryan Frances
- Published in print:
- 2005
- Published Online:
- October 2005
- ISBN:
- 9780199282135
- eISBN:
- 9780191602917
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199282137.003.0013
- Subject:
- Philosophy, Metaphysics/Epistemology
The importance of what was argued in the book was evaluated, with comments on which elements are of lasting significance for epistemology as a discipline. Notions treated include epistemic deference, ...
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The importance of what was argued in the book was evaluated, with comments on which elements are of lasting significance for epistemology as a discipline. Notions treated include epistemic deference, liveness of hypotheses, mere mortality with respect to a hypothesis, epistemic superiority, responsibility to one’s epistemic community, the epistemic significance of expert disagreement, epistemic externalism, and content externalism.Less
The importance of what was argued in the book was evaluated, with comments on which elements are of lasting significance for epistemology as a discipline. Notions treated include epistemic deference, liveness of hypotheses, mere mortality with respect to a hypothesis, epistemic superiority, responsibility to one’s epistemic community, the epistemic significance of expert disagreement, epistemic externalism, and content externalism.
Andrew Legg
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199650453
- eISBN:
- 9780191741173
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199650453.001.0001
- Subject:
- Law, Public International Law, Human Rights and Immigration
The margin of appreciation is a judicial doctrine whereby international courts allow states to have a measure of diversity in their interpretation of human rights treaty obligations. The doctrine is ...
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The margin of appreciation is a judicial doctrine whereby international courts allow states to have a measure of diversity in their interpretation of human rights treaty obligations. The doctrine is at the heart of some of the most important international human rights decisions. Does it undermine the universality of human rights? How should judges decide whether to give this margin of appreciation to states? How can Lawyers make best use of arguments for or against the margin of appreciation? This book answers these questions, and broadens the discussion on the margin of appreciation by including material beyond the European Court of Human Rights system. It provides a comprehensive justification of the doctrine, and catalogues the key cases affecting the doctrine in practice. Part One provides a systematic defence of the margin of appreciation doctrine in international human rights law. Drawing on the philosophy of practical reasoning the book argues that the margin of appreciation is a doctrine of judicial deference and is a common and appropriate feature of adjudication. The book argues that the margin of appreciation doctrine prevents courts from imposing unhelpful uniformity, whilst allowing decisions to be consistent with the universality of human rights. Part Two considers the key case law of the European Court of Human Rights, the Inter-American Court of Human Rights, and the UN Human Rights Committee, documenting the margin of appreciation in practice. The analysis uniquely takes a broad look at the factors affecting the margin of appreciation. Part Three explores how the margin of appreciation operates in the judicial decision-making process, reconceptualising the proportionality assessment and explaining how the nature of the right and the type of case affect the courts' reasoning.Less
The margin of appreciation is a judicial doctrine whereby international courts allow states to have a measure of diversity in their interpretation of human rights treaty obligations. The doctrine is at the heart of some of the most important international human rights decisions. Does it undermine the universality of human rights? How should judges decide whether to give this margin of appreciation to states? How can Lawyers make best use of arguments for or against the margin of appreciation? This book answers these questions, and broadens the discussion on the margin of appreciation by including material beyond the European Court of Human Rights system. It provides a comprehensive justification of the doctrine, and catalogues the key cases affecting the doctrine in practice. Part One provides a systematic defence of the margin of appreciation doctrine in international human rights law. Drawing on the philosophy of practical reasoning the book argues that the margin of appreciation is a doctrine of judicial deference and is a common and appropriate feature of adjudication. The book argues that the margin of appreciation doctrine prevents courts from imposing unhelpful uniformity, whilst allowing decisions to be consistent with the universality of human rights. Part Two considers the key case law of the European Court of Human Rights, the Inter-American Court of Human Rights, and the UN Human Rights Committee, documenting the margin of appreciation in practice. The analysis uniquely takes a broad look at the factors affecting the margin of appreciation. Part Three explores how the margin of appreciation operates in the judicial decision-making process, reconceptualising the proportionality assessment and explaining how the nature of the right and the type of case affect the courts' reasoning.
Philip Pettit
- Published in print:
- 1999
- Published Online:
- November 2003
- ISBN:
- 9780198296423
- eISBN:
- 9780191600081
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198296428.003.0004
- Subject:
- Political Science, Political Theory
The superior value of non‐domination needs to be established in a comparison with freedom as non‐interference. It comes out in the fact that its maximization would require the promotion of three ...
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The superior value of non‐domination needs to be established in a comparison with freedom as non‐interference. It comes out in the fact that its maximization would require the promotion of three benefits that the maximization of non‐interference could ignore; these are the absence of uncertainty, the absence of a need to defer strategically to the powerful, and the absence of a social subordination to others. The connection between freedom as non‐domination and these benefits is such that that freedom is a primary good, in John Rawls's sense; it is something that people have reason to want for themselves, no matter what else they want. But freedom as non‐domination is not the sort of good that can be left to people to pursue for themselves in a decentralized way; all the signs are that it is best pursued for each under the centralized, political action of all: it is best pursued via the state. The political pursuit of freedom as non‐domination should be attractive, not just for small homogeneous polities but also in the modern, pluralistic state. The natural way to cast freedom as non‐domination is in the role of a value that the state should try to promote, not in the role of a constraint that it has to honour; this, moreover, is the way in which it is generally cast in the republican tradition: the tradition is consequentialist in character. There are two dimensions that need to be taken into account in the promotion of freedom as non‐domination—the intensity of non‐domination and the extent of undominated choice—but some plausible assumptions mean that we should look to intensity first and extent only in the second place. When non‐domination is promoted by certain political and other institutions—when people are guarded against possibilities of arbitrary interference in their lives—that effect is not causally distinct from the institutions; like the immunity produced by antibodies in the blood, the non‐domination is constituted by such institutional arrangements: it has an inherently institutional existence.Less
The superior value of non‐domination needs to be established in a comparison with freedom as non‐interference. It comes out in the fact that its maximization would require the promotion of three benefits that the maximization of non‐interference could ignore; these are the absence of uncertainty, the absence of a need to defer strategically to the powerful, and the absence of a social subordination to others. The connection between freedom as non‐domination and these benefits is such that that freedom is a primary good, in John Rawls's sense; it is something that people have reason to want for themselves, no matter what else they want. But freedom as non‐domination is not the sort of good that can be left to people to pursue for themselves in a decentralized way; all the signs are that it is best pursued for each under the centralized, political action of all: it is best pursued via the state. The political pursuit of freedom as non‐domination should be attractive, not just for small homogeneous polities but also in the modern, pluralistic state. The natural way to cast freedom as non‐domination is in the role of a value that the state should try to promote, not in the role of a constraint that it has to honour; this, moreover, is the way in which it is generally cast in the republican tradition: the tradition is consequentialist in character. There are two dimensions that need to be taken into account in the promotion of freedom as non‐domination—the intensity of non‐domination and the extent of undominated choice—but some plausible assumptions mean that we should look to intensity first and extent only in the second place. When non‐domination is promoted by certain political and other institutions—when people are guarded against possibilities of arbitrary interference in their lives—that effect is not causally distinct from the institutions; like the immunity produced by antibodies in the blood, the non‐domination is constituted by such institutional arrangements: it has an inherently institutional existence.
Wolfgang Jagodzinski and Karel Dobbelaere
- Published in print:
- 1998
- Published Online:
- November 2003
- ISBN:
- 9780198294757
- eISBN:
- 9780191599040
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198294751.003.0004
- Subject:
- Political Science, Comparative Politics
This chapter investigates statistical evidence regarding the fall‐off in church membership and attendance, which has taken place across Western Europe since World War II, and analyses variations ...
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This chapter investigates statistical evidence regarding the fall‐off in church membership and attendance, which has taken place across Western Europe since World War II, and analyses variations between countries. It tentatively concludes that the pace of the process of church disengagement is linked to rationalization of society and the advance of Protestantism, which has led to a relegation of religion as an à la carte set of options, weakening its traditional guidelines on political questions. With religiously inspired deference fading away, political leaders may have more difficulty mustering support for the institutions of government.Less
This chapter investigates statistical evidence regarding the fall‐off in church membership and attendance, which has taken place across Western Europe since World War II, and analyses variations between countries. It tentatively concludes that the pace of the process of church disengagement is linked to rationalization of society and the advance of Protestantism, which has led to a relegation of religion as an à la carte set of options, weakening its traditional guidelines on political questions. With religiously inspired deference fading away, political leaders may have more difficulty mustering support for the institutions of government.
Michael A. Bailey and Forrest Maltzman
- Published in print:
- 2011
- Published Online:
- October 2017
- ISBN:
- 9780691151045
- eISBN:
- 9781400840267
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691151045.003.0007
- Subject:
- Law, Legal History
This chapter provides general answers to questions about executive influence on the Court, which will help us to understand decision-making on the Court—what matters and when. It considers whether ...
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This chapter provides general answers to questions about executive influence on the Court, which will help us to understand decision-making on the Court—what matters and when. It considers whether the Court is beyond democratic control. If the solicitor general's briefs influence justices, this could provide at least some measure of democratically accountable influence on Court decision-making. Motivated by such questions, the chapter focuses on whether the solicitor general and the executive branch shape judicial decision-making. In particular, it asks whether justices defer to the solicitor general. If so, is it non-ideological deference or does ideology condition the nature of deference? The chapter develops and tests a signaling model of deference to show that non-legal and non-attitudinal forces influence the Court. It also shows that the nature of the deference depends on ideological factors as well.Less
This chapter provides general answers to questions about executive influence on the Court, which will help us to understand decision-making on the Court—what matters and when. It considers whether the Court is beyond democratic control. If the solicitor general's briefs influence justices, this could provide at least some measure of democratically accountable influence on Court decision-making. Motivated by such questions, the chapter focuses on whether the solicitor general and the executive branch shape judicial decision-making. In particular, it asks whether justices defer to the solicitor general. If so, is it non-ideological deference or does ideology condition the nature of deference? The chapter develops and tests a signaling model of deference to show that non-legal and non-attitudinal forces influence the Court. It also shows that the nature of the deference depends on ideological factors as well.
Jack Beatson
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780197265376
- eISBN:
- 9780191760426
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197265376.003.0007
- Subject:
- Law, Human Rights and Immigration
This chapter assesses changes in judicial approach and technique since the enactment of the Human Rights Act (HRA), and whether they are irreversible. It considers the language of analysis; the ...
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This chapter assesses changes in judicial approach and technique since the enactment of the Human Rights Act (HRA), and whether they are irreversible. It considers the language of analysis; the significance of terms such as ‘deference’, ‘institutional competence’, and ‘weight’; and the interpretative obligation in s.3 HRA enabling radical re-interpretation, and its relationship with the s.4 power to make declarations of incompatibility. It asks whether the ‘no less, but certainly no more’ than Strasbourg approach, with its need to predict outcomes in Strasbourg, reflects a ‘domestic remedy for breach of international obligations’ view of the HRA, or is an indication of the courts' understanding of their constitutional role and its limits. Finally, it suggests it is important not to sideline or forget the potential of the common law and the continued relevance and importance of traditional common law public law techniques.Less
This chapter assesses changes in judicial approach and technique since the enactment of the Human Rights Act (HRA), and whether they are irreversible. It considers the language of analysis; the significance of terms such as ‘deference’, ‘institutional competence’, and ‘weight’; and the interpretative obligation in s.3 HRA enabling radical re-interpretation, and its relationship with the s.4 power to make declarations of incompatibility. It asks whether the ‘no less, but certainly no more’ than Strasbourg approach, with its need to predict outcomes in Strasbourg, reflects a ‘domestic remedy for breach of international obligations’ view of the HRA, or is an indication of the courts' understanding of their constitutional role and its limits. Finally, it suggests it is important not to sideline or forget the potential of the common law and the continued relevance and importance of traditional common law public law techniques.
LARRY GRAGG
- Published in print:
- 2003
- Published Online:
- January 2010
- ISBN:
- 9780199253890
- eISBN:
- 9780191719806
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199253890.003.0008
- Subject:
- History, British and Irish Early Modern History
This chapter reveals the extraordinary efforts English planters made to replicate on Barbados the ordered society of their homeland, where deference to superiors and authority were an expectation. ...
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This chapter reveals the extraordinary efforts English planters made to replicate on Barbados the ordered society of their homeland, where deference to superiors and authority were an expectation. Immorality, threatening language, vagabonds, and rebellious servants and slaves all received the attention of government and church leaders. Planters also sought to replicate other important English ways: house design, furnishings, apparel, and diet, along with the tradition of aristocratic hospitality.Less
This chapter reveals the extraordinary efforts English planters made to replicate on Barbados the ordered society of their homeland, where deference to superiors and authority were an expectation. Immorality, threatening language, vagabonds, and rebellious servants and slaves all received the attention of government and church leaders. Planters also sought to replicate other important English ways: house design, furnishings, apparel, and diet, along with the tradition of aristocratic hospitality.
Gillian Russell
- Published in print:
- 2008
- Published Online:
- May 2008
- ISBN:
- 9780199232192
- eISBN:
- 9780191715907
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199232192.003.0008
- Subject:
- Philosophy, Philosophy of Language
It is largely because of the anticipated a priori status of analytic truths that philosophers have been interested in analyticity, but the existence of a priori justification is itself a difficult ...
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It is largely because of the anticipated a priori status of analytic truths that philosophers have been interested in analyticity, but the existence of a priori justification is itself a difficult topic. This chapter explores the epistemological significance of analyticity. It examines three theories of analytic justification, (while remaining neutral about whether or not that analytic justification can be considered a kind of a priori justification), and uses the failures of the first two to motivate acceptance of the third.Less
It is largely because of the anticipated a priori status of analytic truths that philosophers have been interested in analyticity, but the existence of a priori justification is itself a difficult topic. This chapter explores the epistemological significance of analyticity. It examines three theories of analytic justification, (while remaining neutral about whether or not that analytic justification can be considered a kind of a priori justification), and uses the failures of the first two to motivate acceptance of the third.
Joseph Mendola
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199534999
- eISBN:
- 9780191715969
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199534999.003.0004
- Subject:
- Philosophy, Philosophy of Mind, Metaphysics/Epistemology
This chapter considers three clusters of facts about reference and truth. They depend on the vagueness and indeterminacy of reference, deference to experts about the notion of reference, and the way ...
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This chapter considers three clusters of facts about reference and truth. They depend on the vagueness and indeterminacy of reference, deference to experts about the notion of reference, and the way in which extensions of terms rest on quirky and arbitrary social facts. It explores the dark side of the linguistic division of labour. It argues that internalism is correct on these grounds, and that truth and reference are flawed semantic notions.Less
This chapter considers three clusters of facts about reference and truth. They depend on the vagueness and indeterminacy of reference, deference to experts about the notion of reference, and the way in which extensions of terms rest on quirky and arbitrary social facts. It explores the dark side of the linguistic division of labour. It argues that internalism is correct on these grounds, and that truth and reference are flawed semantic notions.
Catharine Cookson
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780195129441
- eISBN:
- 9780199834105
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019512944X.003.0006
- Subject:
- Religion, Religion and Society
Unusual societal flux and social stress causes fear, and a fearful, paranoid society is tempted greatly to take extreme measures to protect itself. Pressured politicians may be unable or unwilling to ...
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Unusual societal flux and social stress causes fear, and a fearful, paranoid society is tempted greatly to take extreme measures to protect itself. Pressured politicians may be unable or unwilling to enact reasonably narrow and limited legislation designed to address the actual harm, and, indeed, not only may cast a wide net but also limit if not disregard individual protections under the Constitution. While the courts may be tempted (if not politically pressured) to give a conclusive presumption deferring to the legislature, this chapter argues that it is the duty of the courts, especially in times of moral panic or societal “ill humors” (Alexander Hamilton's phrase), to protect the individual's right to the free exercise of religion by a searching scrutiny of the context of each case. The courts must be exceptionally careful to understand both the religious framework within which the religiously compelled behavior is situated and the actual, paradigmatic harm anticipated by the statute.Less
Unusual societal flux and social stress causes fear, and a fearful, paranoid society is tempted greatly to take extreme measures to protect itself. Pressured politicians may be unable or unwilling to enact reasonably narrow and limited legislation designed to address the actual harm, and, indeed, not only may cast a wide net but also limit if not disregard individual protections under the Constitution. While the courts may be tempted (if not politically pressured) to give a conclusive presumption deferring to the legislature, this chapter argues that it is the duty of the courts, especially in times of moral panic or societal “ill humors” (Alexander Hamilton's phrase), to protect the individual's right to the free exercise of religion by a searching scrutiny of the context of each case. The courts must be exceptionally careful to understand both the religious framework within which the religiously compelled behavior is situated and the actual, paradigmatic harm anticipated by the statute.
Catharine Cookson
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780195129441
- eISBN:
- 9780199834105
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019512944X.003.0007
- Subject:
- Religion, Religion and Society
The 1990 case of Employment Division v. Smith was decided against the defendants, but when analyzed using casuistry it is found to be an easy case for upholding their free exercise right. The state ...
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The 1990 case of Employment Division v. Smith was decided against the defendants, but when analyzed using casuistry it is found to be an easy case for upholding their free exercise right. The state lacked specific expert testimony and hard data against the use of sacramental peyote, while the evidence produced by the Native American Church's experts showed that the Native American Church was successful in fulfilling the paradigmatic goals of the War on Drugs (no addiction, productive lives, etc.) and that the nonaddictive sacramental peyote lacked the same social harms endemic to addictive drugs (illegal market traffic, gangs, etc.). The Court, however, ignored the particulars of the case and fixated solely on the illegality of the ingestion of peyote. Accordingly, the particulars are explored in great detail, placing the facts in their larger, societal contexts and highlighting the Court's conclusive presumption and radical deference to the state and total disregard of the facts and other particulars both of the defendants’ unemployment compensation context and of the Native American Church and its practices.Less
The 1990 case of Employment Division v. Smith was decided against the defendants, but when analyzed using casuistry it is found to be an easy case for upholding their free exercise right. The state lacked specific expert testimony and hard data against the use of sacramental peyote, while the evidence produced by the Native American Church's experts showed that the Native American Church was successful in fulfilling the paradigmatic goals of the War on Drugs (no addiction, productive lives, etc.) and that the nonaddictive sacramental peyote lacked the same social harms endemic to addictive drugs (illegal market traffic, gangs, etc.). The Court, however, ignored the particulars of the case and fixated solely on the illegality of the ingestion of peyote. Accordingly, the particulars are explored in great detail, placing the facts in their larger, societal contexts and highlighting the Court's conclusive presumption and radical deference to the state and total disregard of the facts and other particulars both of the defendants’ unemployment compensation context and of the Native American Church and its practices.
Rachel Cohon
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199268443
- eISBN:
- 9780191708565
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199268443.003.0009
- Subject:
- Philosophy, Moral Philosophy, History of Philosophy
This chapter considers a virtue that is obviously created after the founding of human governments: deference to the civil authorities. There are difficulties in conceiving this as a virtue or even a ...
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This chapter considers a virtue that is obviously created after the founding of human governments: deference to the civil authorities. There are difficulties in conceiving this as a virtue or even a character trait at all. There is also a fundamental puzzle in political philosophy that interests Hume: that of how masses of people can ever, by any means, be induced to obey the laws or their rulers, given that the people are so much more numerous than the enforcers. It is argued that Hume's account overcomes these difficulties and is consistent with the rest of his understanding of the artificial virtues. Hume identifies yet another fundamental human disability (the preference for the near-term good over the distant but greater good) that can be outmaneuvered by collectively fabricating a character trait and manufacturing approval of it (using our natural tendencies as raw materials). The disability is different, and so the prosthesis is different, but the basic strategy is the same.Less
This chapter considers a virtue that is obviously created after the founding of human governments: deference to the civil authorities. There are difficulties in conceiving this as a virtue or even a character trait at all. There is also a fundamental puzzle in political philosophy that interests Hume: that of how masses of people can ever, by any means, be induced to obey the laws or their rulers, given that the people are so much more numerous than the enforcers. It is argued that Hume's account overcomes these difficulties and is consistent with the rest of his understanding of the artificial virtues. Hume identifies yet another fundamental human disability (the preference for the near-term good over the distant but greater good) that can be outmaneuvered by collectively fabricating a character trait and manufacturing approval of it (using our natural tendencies as raw materials). The disability is different, and so the prosthesis is different, but the basic strategy is the same.
Hera Cook
- Published in print:
- 2005
- Published Online:
- January 2008
- ISBN:
- 9780199252183
- eISBN:
- 9780191719240
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199252183.003.0015
- Subject:
- History, Social History
The public debate and legislative changes generated by women's demand for an acceptable female controlled method of contraception resulted in a huge increase in availability of all methods of birth ...
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The public debate and legislative changes generated by women's demand for an acceptable female controlled method of contraception resulted in a huge increase in availability of all methods of birth control. This chapter considers the role of population control fears, women's rights, eugenics, and lobbying groups such as the Family Planning Association. The passing of legislation in 1973 to make contraception available to all men and women over the age of sixteen, married and unmarried, from 1975 was a watershed in the history of English sexuality. It occurred in the context of an erosion of deference throughout the society.Less
The public debate and legislative changes generated by women's demand for an acceptable female controlled method of contraception resulted in a huge increase in availability of all methods of birth control. This chapter considers the role of population control fears, women's rights, eugenics, and lobbying groups such as the Family Planning Association. The passing of legislation in 1973 to make contraception available to all men and women over the age of sixteen, married and unmarried, from 1975 was a watershed in the history of English sexuality. It occurred in the context of an erosion of deference throughout the society.
Jason Brennan
- Published in print:
- 2012
- Published Online:
- October 2017
- ISBN:
- 9780691154442
- eISBN:
- 9781400842094
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691154442.003.0005
- Subject:
- Political Science, Democratization
This chapter studies and rebuts a variety of objections to the argument that hold that abstention involves a loss of autonomy for the individual. Some might see abstention as a violation of autonomy. ...
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This chapter studies and rebuts a variety of objections to the argument that hold that abstention involves a loss of autonomy for the individual. Some might see abstention as a violation of autonomy. To abstain means to cede political judgment to others and to give up one's own independent judgment. The chapter argues against this. First, deferring to others does not always involve a troubling loss of autonomy. Second, the idea that voting gives the voter significant autonomy or control is implausible anyway. So long as one has an equal right to vote, choosing not to vote can be an autonomous act, a way of expressing one's will that the best outcome be achieved.Less
This chapter studies and rebuts a variety of objections to the argument that hold that abstention involves a loss of autonomy for the individual. Some might see abstention as a violation of autonomy. To abstain means to cede political judgment to others and to give up one's own independent judgment. The chapter argues against this. First, deferring to others does not always involve a troubling loss of autonomy. Second, the idea that voting gives the voter significant autonomy or control is implausible anyway. So long as one has an equal right to vote, choosing not to vote can be an autonomous act, a way of expressing one's will that the best outcome be achieved.
R. M. Sainsbury and Michael Tye
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199695317
- eISBN:
- 9780191738531
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199695317.003.0003
- Subject:
- Philosophy, Philosophy of Mind, Philosophy of Language
This chapter sets out the main thesis of the book: concepts are individuated by their origin. It also gives a preliminary indication of how this approach can help solve the puzzles.
This chapter sets out the main thesis of the book: concepts are individuated by their origin. It also gives a preliminary indication of how this approach can help solve the puzzles.
Margot Minardi
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195379372
- eISBN:
- 9780199869152
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195379372.003.0006
- Subject:
- History, American History: 19th Century
This chapter centers on the private spaces of sociability and everyday life where memories were made in the context of personal relationships. Drawing on texts commemorating individual people of ...
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This chapter centers on the private spaces of sociability and everyday life where memories were made in the context of personal relationships. Drawing on texts commemorating individual people of color whom whites deemed exemplary and “respectable,” including Phillis Wheatley and Chloe Spear (a property‐owning Baptist woman in Boston), the chapter explores how the personal histories of freedpeople were appropriated by their white friends, neighbors, employers, and masters or masters' relatives. Especially prevalent in the second quarter of the nineteenth century, white‐authored memoirs, biographies, obituaries, and anecdotes about freedpeople engaged white Bay Staters' nostalgia for the “deference politics” of a previous generation. When nineteenth‐century white writers reminisced about former slaves, they perceived in this first generation of free black Bay Staters a model for black agency and respectability that accommodated racial hierarchy to the ideals of the American Revolution. There was a gender as well as a race dimension to these representations of black agency, which emphasized humility and deference (traits associated with femininity) as desirable for both women and men of color.Less
This chapter centers on the private spaces of sociability and everyday life where memories were made in the context of personal relationships. Drawing on texts commemorating individual people of color whom whites deemed exemplary and “respectable,” including Phillis Wheatley and Chloe Spear (a property‐owning Baptist woman in Boston), the chapter explores how the personal histories of freedpeople were appropriated by their white friends, neighbors, employers, and masters or masters' relatives. Especially prevalent in the second quarter of the nineteenth century, white‐authored memoirs, biographies, obituaries, and anecdotes about freedpeople engaged white Bay Staters' nostalgia for the “deference politics” of a previous generation. When nineteenth‐century white writers reminisced about former slaves, they perceived in this first generation of free black Bay Staters a model for black agency and respectability that accommodated racial hierarchy to the ideals of the American Revolution. There was a gender as well as a race dimension to these representations of black agency, which emphasized humility and deference (traits associated with femininity) as desirable for both women and men of color.
James Daybell
- Published in print:
- 2006
- Published Online:
- September 2007
- ISBN:
- 9780199259915
- eISBN:
- 9780191717437
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199259915.003.0007
- Subject:
- History, British and Irish Early Modern History
This chapter studies letters for what they tell us about women's social relations. By analysing how women wrote to a range of individuals, it investigates the balance of power within a range of ...
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This chapter studies letters for what they tell us about women's social relations. By analysing how women wrote to a range of individuals, it investigates the balance of power within a range of relationships. Central here is the degree to which the manner of women's writing was affected by the gender of recipients. How far in practice were women subservient in their writing to men other than their husbands and fathers? Did letters to male correspondents differ significantly from those to female correspondents? It argues that rank, family and social status, and local influence had as much impact, if not more, than gender on levels of power and authority observable in women's letters. Thus, while a woman might be deferential in letters to her husband, she could usually expect respect from sons and obedience from male servants and tenants, and could thus correspond with an aura of confidence and command.Less
This chapter studies letters for what they tell us about women's social relations. By analysing how women wrote to a range of individuals, it investigates the balance of power within a range of relationships. Central here is the degree to which the manner of women's writing was affected by the gender of recipients. How far in practice were women subservient in their writing to men other than their husbands and fathers? Did letters to male correspondents differ significantly from those to female correspondents? It argues that rank, family and social status, and local influence had as much impact, if not more, than gender on levels of power and authority observable in women's letters. Thus, while a woman might be deferential in letters to her husband, she could usually expect respect from sons and obedience from male servants and tenants, and could thus correspond with an aura of confidence and command.
Eoin Carolan
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199568673
- eISBN:
- 9780191721588
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199568673.003.007
- Subject:
- Law, Constitutional and Administrative Law, Public International Law
This chapter briefly considers the way in which the relationship between the administration and the other branches of government might operate. Because the institutions each represent a particular ...
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This chapter briefly considers the way in which the relationship between the administration and the other branches of government might operate. Because the institutions each represent a particular constituent social interest, their input into the governance process is both legitimate and provisional. This means that the institutions must co-operate with each other in exercising public powers. It is argued that they ought to engage in an inter-institutional dialogue which should produce outcomes whichthat take appropriate account of all relevant perspectives. The institutions must justify their actions to each other with a view to providing more reasoned and informed government outcomes. The particular skills of each institution make them more equipped to perform particular tasks, but these outcomes can be reviewed by other bodies.Less
This chapter briefly considers the way in which the relationship between the administration and the other branches of government might operate. Because the institutions each represent a particular constituent social interest, their input into the governance process is both legitimate and provisional. This means that the institutions must co-operate with each other in exercising public powers. It is argued that they ought to engage in an inter-institutional dialogue which should produce outcomes whichthat take appropriate account of all relevant perspectives. The institutions must justify their actions to each other with a view to providing more reasoned and informed government outcomes. The particular skills of each institution make them more equipped to perform particular tasks, but these outcomes can be reviewed by other bodies.
Stefanie A. Lindquist and Frank B. Cross
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195370850
- eISBN:
- 9780199870790
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195370850.003.0002
- Subject:
- Law, Comparative Law
To assess judicial activism empirically, this chapter looks more explicitly at the potential for dimensions of judicial activism to be identified and measured. Because the exercise of judicial review ...
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To assess judicial activism empirically, this chapter looks more explicitly at the potential for dimensions of judicial activism to be identified and measured. Because the exercise of judicial review is so important to the debate over activist judging, the chapter begins its analysis by identifying the justices' willingness to strike state and federal legislation as a critical element to the concept of judicial activism. It also suggests that invalidating the choices made by executive agencies also constitutes a dimension to judicial activism given the electoral connection to the President. In addition, institutional aggrandizement by the judiciary—by expanding access to the judiciary via doctrines of justiciability (standing, mootness and the like) and invalidating existing precedent—are also identified as dimensions to activist decision making. Finally, the chapter concludes, to distinguish activist from “principled” decision making, that these dimensions must be evaluated in light of the justices' willingness to vote in furtherance of their own ideologies. Thus, the chapter identifies two basic dimensions to judicial activism: institutional activism (reflecting the justices' willingness to vote to strike legislation, etc.) and ideological activism (reflecting their willingness to do so in accordance with their personal policy preferences). The chapter also identifies the data sources (the United States Supreme Court Judicial Database) for the project, and the empirical/statistical approach the book will employ.Less
To assess judicial activism empirically, this chapter looks more explicitly at the potential for dimensions of judicial activism to be identified and measured. Because the exercise of judicial review is so important to the debate over activist judging, the chapter begins its analysis by identifying the justices' willingness to strike state and federal legislation as a critical element to the concept of judicial activism. It also suggests that invalidating the choices made by executive agencies also constitutes a dimension to judicial activism given the electoral connection to the President. In addition, institutional aggrandizement by the judiciary—by expanding access to the judiciary via doctrines of justiciability (standing, mootness and the like) and invalidating existing precedent—are also identified as dimensions to activist decision making. Finally, the chapter concludes, to distinguish activist from “principled” decision making, that these dimensions must be evaluated in light of the justices' willingness to vote in furtherance of their own ideologies. Thus, the chapter identifies two basic dimensions to judicial activism: institutional activism (reflecting the justices' willingness to vote to strike legislation, etc.) and ideological activism (reflecting their willingness to do so in accordance with their personal policy preferences). The chapter also identifies the data sources (the United States Supreme Court Judicial Database) for the project, and the empirical/statistical approach the book will employ.
Peter L. Lindseth
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195390148
- eISBN:
- 9780199866397
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195390148.003.0005
- Subject:
- Law, Constitutional and Administrative Law, Public International Law
This chapter focuses on the effort to translate the judicial dimension of the postwar constitutional settlement into supranational form. The chapter initially summarizes the critical role played by ...
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This chapter focuses on the effort to translate the judicial dimension of the postwar constitutional settlement into supranational form. The chapter initially summarizes the critical role played by the European Court of Justice (ECJ) in the integration process. The focus of the chapter, however, is on the national high courts and their role in legitimizing European integration from the perspective of the postwar constitutional settlement. As this chapter shows, the national high courts have been caught between two competing tendencies: first, between the 1960s and the 1980s, the tendency toward strong deference to the political choice in favor European integration; and second, since the 1990s, with the German Federal Constitutional Court (Bundesverfassungsgericht) at the forefront, the desire to limit that strong deference in their Kompetenz-Kompetenz jurisprudence. This chapter revises conventional understandings of that latter jurisprudence by showing its foundations in normative principles which were central to the postwar constitutional settlement of administrative governance on the national level, notably delegation and mediated legitimacy. This grounding suggests an idea of European governance as less sui generis than normally supposed. Rather, it is seen as a new dimension of the diffusion and fragmentation of regulatory power away from the historically constituted bodies of the nation-state, which remain the locus of democratic and constitutional legitimacy in the European system.Less
This chapter focuses on the effort to translate the judicial dimension of the postwar constitutional settlement into supranational form. The chapter initially summarizes the critical role played by the European Court of Justice (ECJ) in the integration process. The focus of the chapter, however, is on the national high courts and their role in legitimizing European integration from the perspective of the postwar constitutional settlement. As this chapter shows, the national high courts have been caught between two competing tendencies: first, between the 1960s and the 1980s, the tendency toward strong deference to the political choice in favor European integration; and second, since the 1990s, with the German Federal Constitutional Court (Bundesverfassungsgericht) at the forefront, the desire to limit that strong deference in their Kompetenz-Kompetenz jurisprudence. This chapter revises conventional understandings of that latter jurisprudence by showing its foundations in normative principles which were central to the postwar constitutional settlement of administrative governance on the national level, notably delegation and mediated legitimacy. This grounding suggests an idea of European governance as less sui generis than normally supposed. Rather, it is seen as a new dimension of the diffusion and fragmentation of regulatory power away from the historically constituted bodies of the nation-state, which remain the locus of democratic and constitutional legitimacy in the European system.
