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Concluding Reflections

Bryan Frances

in Scepticism Comes Alive

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, ... More


Non‐Domination as a Political Ideal

Philip Pettit

in Republicanism: A Theory of Freedom and Government

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 ... More


The Margin of Appreciation in International Human Rights Law: Deference and Proportionality

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 ... More


Secularization and Church Religiosity

Wolfgang Jagodzinski and Karel Dobbelaere

in The Impact of Values

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 ... More


Signals from the Executive

Michael A. Bailey and Forrest Maltzman

in The Constrained Court: Law, Politics, and the Decisions Justices Make

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 ... More


Human Rights and Judicial Technique

Jack Beatson

in The United Kingdom's Statutory Bill of Rights: Constitutional and Comparative Perspectives

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 ... More


Analytic Justification

Gillian Russell

in Truth in Virtue of Meaning: A Defence of the Analytic/Synthetic Distinction

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 ... More


The Real Moral

Joseph Mendola

in Anti-Externalism

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 ... More


Deference and Abstention

Jason Brennan

in The Ethics of Voting

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. ... More


Societal Boundaries, Paranoia and Ill Humor, and the Role of the Courts Under the Free Exercise Clause

Catharine Cookson

in Regulating Religion: The Courts and the Free Exercise Clause

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 ... More


A Critique of the Court's Free Exercise Clause Jurisprudence in the U.S. Supreme Court Case of Employment Division v. Smith

Catharine Cookson

in Regulating Religion: The Courts and the Free Exercise Clause

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 ... More


The Shackles of Virtue: Allegiance to Government

Rachel Cohon

in Hume's Morality: Feeling and Fabrication

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 ... More


Tea and Memory

Margot Minardi

in Making Slavery History: Abolitionism and the Politics of Memory in Massachusetts

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 ... More


Overview of an Originalist Theory of Concepts

R. M. Sainsbury and Michael Tye

in Seven Puzzles of Thought and How to Solve Them: And How to Solve Them: An Originalist Theory of Concepts

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.


Chapter Eight. Creating an Orderly Society

LARRY GRAGG

in 'Englishmen Transplanted': The English Colonization of Barbados 1627-1660

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. ... More


The Relationship between the Administration and the Other Branches

Eoin Carolan

in The New Separation of Powers: A Theory for the Modern State

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 ... More


Identifying Judicial Activism

Stefanie A. Lindquist and Frank B. Cross

in Measuring Judicial Activism

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 ... More


Supranational Delegation and National Judicial Review since the 1960s

Peter L. Lindseth

in Power and Legitimacy: Reconciling Europe and the Nation-State

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 ... More


The Challenge of Legitimizing Europeanized Administrative Governance

Peter L. Lindseth

in Power and Legitimacy: Reconciling Europe and the Nation-State

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195390148
eISBN:
9780199866397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195390148.003.0007
Subject:
Law, Constitutional and Administrative Law, Public International Law

After summarizing the arguments of the preceding chapters, this concluding chapter reflects on the principle challenge of European governance going forward: how to legitimize the novel system of ... More


Comparative Constitutional Reasoning: Recasting its Justification and Operation

Aida Torres Pérez

in Conflicts of Rights in the European Union: A Theory of Supranational Adjudication

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199568710
eISBN:
9780191705571
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568710.003.0007
Subject:
Law, EU Law

This chapter analyzes the implications of judicial dialogue for the mode of judicial reasoning in interpreting fundamental rights. In particular, it explores the comparative method and judicial ... More


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