Iain Mclean
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199546954
- eISBN:
- 9780191720031
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199546954.003.0015
- Subject:
- Political Science, Comparative Politics, UK Politics
Summary of previous discussion. Can Diceyanism be revived without Dicey? The case for Parliamentary sovereignty—but that must entail an elected Parliament. The case for counter‐majoritarianism. ...
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Summary of previous discussion. Can Diceyanism be revived without Dicey? The case for Parliamentary sovereignty—but that must entail an elected Parliament. The case for counter‐majoritarianism. Strong entrenchment of EU law. Justified on pragmatic, not democratic, grounds. EU polices supranational public goods and bads, and therefore needs some supranational powers. Weak entrenchment of human rights law: the model for entrenchment of other constitutional laws. What is a constitutional statute?—the list in Thoburn. Discrete and insular minorities. Origin of the phrase in the United States; its applicability in United Kingdom. Comity between courts and parliament. How we the people of the United Republic might ordain to ourselves a constitution.Less
Summary of previous discussion. Can Diceyanism be revived without Dicey? The case for Parliamentary sovereignty—but that must entail an elected Parliament. The case for counter‐majoritarianism. Strong entrenchment of EU law. Justified on pragmatic, not democratic, grounds. EU polices supranational public goods and bads, and therefore needs some supranational powers. Weak entrenchment of human rights law: the model for entrenchment of other constitutional laws. What is a constitutional statute?—the list in Thoburn. Discrete and insular minorities. Origin of the phrase in the United States; its applicability in United Kingdom. Comity between courts and parliament. How we the people of the United Republic might ordain to ourselves a constitution.
Federico Varese
- Published in print:
- 2011
- Published Online:
- October 2017
- ISBN:
- 9780691128559
- eISBN:
- 9781400836727
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691128559.003.0002
- Subject:
- Law, Criminal Law and Criminology
This chapter discusses the factors that determine the success of mafia transplantation. It first sets out several theoretical insights into why mafias find it difficult to become entrenched in ...
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This chapter discusses the factors that determine the success of mafia transplantation. It first sets out several theoretical insights into why mafias find it difficult to become entrenched in foreign countries. It then discusses the conditions under which mafiosi succeed in become entrenched once they find themselves in the new territory. For some authors, the level of generalized trust (trust in others whom we do not know) in the new land is an important variable that could explain the entrenchment of mafias. The presence of a genuine demand for criminal protection, the core activity of mafias, also leads to long-term transplantation.Less
This chapter discusses the factors that determine the success of mafia transplantation. It first sets out several theoretical insights into why mafias find it difficult to become entrenched in foreign countries. It then discusses the conditions under which mafiosi succeed in become entrenched once they find themselves in the new territory. For some authors, the level of generalized trust (trust in others whom we do not know) in the new land is an important variable that could explain the entrenchment of mafias. The presence of a genuine demand for criminal protection, the core activity of mafias, also leads to long-term transplantation.
Anthony Mason
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780197265376
- eISBN:
- 9780191760426
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197265376.003.0009
- Subject:
- Law, Human Rights and Immigration
This chapter outlines the measures implemented for the protection for human rights available in New Zealand, Australia, and Hong Kong. It examines the influence of jurisprudence from the United ...
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This chapter outlines the measures implemented for the protection for human rights available in New Zealand, Australia, and Hong Kong. It examines the influence of jurisprudence from the United Kingdom and European Court of Human Rights on those systems, and traces the conditioning effect of the doctrine of legislative supremacy on the development and implementation of rights instruments in New Zealand and Australia.Less
This chapter outlines the measures implemented for the protection for human rights available in New Zealand, Australia, and Hong Kong. It examines the influence of jurisprudence from the United Kingdom and European Court of Human Rights on those systems, and traces the conditioning effect of the doctrine of legislative supremacy on the development and implementation of rights instruments in New Zealand and Australia.
Leslie Hannah
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199226009
- eISBN:
- 9780191710315
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199226009.003.0002
- Subject:
- Business and Management, Business History
The many errors and misjudgments in Alfred D. Chandler's Scale and Scope derive from its framing in an established Anglo-American Whig-Progressive misinterpretation of business and technological ...
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The many errors and misjudgments in Alfred D. Chandler's Scale and Scope derive from its framing in an established Anglo-American Whig-Progressive misinterpretation of business and technological history. Case studies of copper and tobacco show that his narratives of global oligopolistic competition in these industries require complete inversion: his alleged successes are more appropriately cast as failures and vice-versa. Such cases are not unique, but representative. His central propositions — that the British were rarely capable of building efficient managerial hierarchies, distinctively preferred family to professional management and headquartered proportionately fewer persistent global industrial oligopolists than both Germany and the United States — have all been comprehensively falsified. Further progress in internationally comparative business history requires a return to the higher standards of Chandler's earlier work and more disciplined quantification of comparisons conceived without the bias of hindsight.Less
The many errors and misjudgments in Alfred D. Chandler's Scale and Scope derive from its framing in an established Anglo-American Whig-Progressive misinterpretation of business and technological history. Case studies of copper and tobacco show that his narratives of global oligopolistic competition in these industries require complete inversion: his alleged successes are more appropriately cast as failures and vice-versa. Such cases are not unique, but representative. His central propositions — that the British were rarely capable of building efficient managerial hierarchies, distinctively preferred family to professional management and headquartered proportionately fewer persistent global industrial oligopolists than both Germany and the United States — have all been comprehensively falsified. Further progress in internationally comparative business history requires a return to the higher standards of Chandler's earlier work and more disciplined quantification of comparisons conceived without the bias of hindsight.
Adele Goldberg
- Published in print:
- 2005
- Published Online:
- September 2007
- ISBN:
- 9780199268511
- eISBN:
- 9780191708428
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199268511.003.0005
- Subject:
- Linguistics, Theoretical Linguistics
Children are not strictly conservative, producing only what they have heard, and yet they are not reliably corrected when they produce overgeneralizations. How can children retreat from or avoid ...
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Children are not strictly conservative, producing only what they have heard, and yet they are not reliably corrected when they produce overgeneralizations. How can children retreat from or avoid overgeneralizations? As many have noted, the most obvious possible explanations, including a reliance on overt corrections or corrective repetitions, are not viable. Two factors are argued to play a central role: statistical preemption or repeatedly witnessing a word in a competing pattern, and a pattern's degree of openness: the variability of the items that occur in a given pattern.Less
Children are not strictly conservative, producing only what they have heard, and yet they are not reliably corrected when they produce overgeneralizations. How can children retreat from or avoid overgeneralizations? As many have noted, the most obvious possible explanations, including a reliance on overt corrections or corrective repetitions, are not viable. Two factors are argued to play a central role: statistical preemption or repeatedly witnessing a word in a competing pattern, and a pattern's degree of openness: the variability of the items that occur in a given pattern.
Ennis Barrington Edmonds
- Published in print:
- 2003
- Published Online:
- November 2003
- ISBN:
- 9780195133769
- eISBN:
- 9780199834167
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195133765.001.0001
- Subject:
- Religion, World Religions
Since its emergence in the margins of 1930s Jamaican society, Rastafari has moved to the forefront of Jamaican popular culture. This transition has been occasioned by Rastafari's own internal ...
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Since its emergence in the margins of 1930s Jamaican society, Rastafari has moved to the forefront of Jamaican popular culture. This transition has been occasioned by Rastafari's own internal dynamics, by the gradual shift from a more conflict‐ridden relationship to rapprochement between the movement and the wider society, and by the ability of the movement to insert itself in the cultural life of the society. With regard to its internal development, Rastas have evolved a dynamic social ethos with informal social relationships facilitated through a network of “houses” and “mansions,” a highly developed view of the world expressed in a variety of symbols, and period ritual activities that initiate and confirm individuals in the principles and ethos of Rastafari. The relationship between Rastafari and the wider society has evolved from outright confrontation in the early years of the movement, to a more accommodating posture in the 1960s, to a more aggressive cooptation and use of Rastafarian symbols in the 1970s, and finally, to a positive embrace of Rastafarian contribution to the indigenous culture and the commodification of the Rastafarian image and symbols for “culture tourism” since the 1980s. Rastafarian influence on Jamaica's indigenous culture is quite pervasive, but the most celebrated influence has been on reggae, Jamaican popular music, made famous around the world by Bob Marley and the Wailers, Jimmy Cliff, Third World, and others. Though Rastafari does not have the centralized institutions that Max Weber regarded as necessary for routinization, the factors outlined above have contributed to its entrenchment in the fabric of Jamaica's cultural life.Less
Since its emergence in the margins of 1930s Jamaican society, Rastafari has moved to the forefront of Jamaican popular culture. This transition has been occasioned by Rastafari's own internal dynamics, by the gradual shift from a more conflict‐ridden relationship to rapprochement between the movement and the wider society, and by the ability of the movement to insert itself in the cultural life of the society. With regard to its internal development, Rastas have evolved a dynamic social ethos with informal social relationships facilitated through a network of “houses” and “mansions,” a highly developed view of the world expressed in a variety of symbols, and period ritual activities that initiate and confirm individuals in the principles and ethos of Rastafari. The relationship between Rastafari and the wider society has evolved from outright confrontation in the early years of the movement, to a more accommodating posture in the 1960s, to a more aggressive cooptation and use of Rastafarian symbols in the 1970s, and finally, to a positive embrace of Rastafarian contribution to the indigenous culture and the commodification of the Rastafarian image and symbols for “culture tourism” since the 1980s. Rastafarian influence on Jamaica's indigenous culture is quite pervasive, but the most celebrated influence has been on reggae, Jamaican popular music, made famous around the world by Bob Marley and the Wailers, Jimmy Cliff, Third World, and others. Though Rastafari does not have the centralized institutions that Max Weber regarded as necessary for routinization, the factors outlined above have contributed to its entrenchment in the fabric of Jamaica's cultural life.
Emily Zackin
- Published in print:
- 2013
- Published Online:
- October 2017
- ISBN:
- 9780691155777
- eISBN:
- 9781400846276
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691155777.003.0005
- Subject:
- Political Science, Public Policy
This chapter examines the campaigns to add education rights to state constitutions, with particular emphasis on how the common school movement was able to establish the states' constitutional duty to ...
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This chapter examines the campaigns to add education rights to state constitutions, with particular emphasis on how the common school movement was able to establish the states' constitutional duty to provide education. The leaders of the common school movement insisted that government had a moral duty to expand opportunities for children whose parents could not otherwise afford to educate them, and that state legislatures should be legally obligated to fulfill it. This movement's central claim was that the value of constitutional rights lay in their potential to promote policy changes by forcing legislatures to pass the kinds of redistributive policies they tended to avoid. The chapter considers the evidence for an American positive-rights tradition that exists primarily at the state level and discusses Congress's motive for the creation of constitutional rights as a case of entrenchment. It argues that education provisions found in state constitutions are positive rights.Less
This chapter examines the campaigns to add education rights to state constitutions, with particular emphasis on how the common school movement was able to establish the states' constitutional duty to provide education. The leaders of the common school movement insisted that government had a moral duty to expand opportunities for children whose parents could not otherwise afford to educate them, and that state legislatures should be legally obligated to fulfill it. This movement's central claim was that the value of constitutional rights lay in their potential to promote policy changes by forcing legislatures to pass the kinds of redistributive policies they tended to avoid. The chapter considers the evidence for an American positive-rights tradition that exists primarily at the state level and discusses Congress's motive for the creation of constitutional rights as a case of entrenchment. It argues that education provisions found in state constitutions are positive rights.
Eugene Subbotsky
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195393873
- eISBN:
- 9780199776979
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195393873.003.0003
- Subject:
- Psychology, Cognitive Psychology, Developmental Psychology
In Chapter 3 (“Verbal Magical Beliefs and Children's Everyday Experience”), the problem of entrenchment of magical beliefs in children of various ages is examined. The development of magical beliefs ...
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In Chapter 3 (“Verbal Magical Beliefs and Children's Everyday Experience”), the problem of entrenchment of magical beliefs in children of various ages is examined. The development of magical beliefs in children is put in the context of a more general model of people's reaction to anomalous events, both in the sciences (Kuhn, Lacatos) and in school education (Chinn & Brewer). This allowed one to consider the transition from magical to scientific thinking in children as an instance of a “revolution” in children's causal thinking about the world. Experiments are presented that examine when and how this fundamental transition from magical to scientific thinking occurs, and whether this transition is a complete replacement of one kind of causal orientation with the alternative kind or is domain specific and covers only knowledge about the physical world, whereas in other areas (such as fantasy, play, or human relations) magic thinking persists to older ages. In contrast to most previous studies, in these experiments, special care was taken to ensure that children understood the difference between “true magic” and “fake magic” (i.e., magic tricks).Less
In Chapter 3 (“Verbal Magical Beliefs and Children's Everyday Experience”), the problem of entrenchment of magical beliefs in children of various ages is examined. The development of magical beliefs in children is put in the context of a more general model of people's reaction to anomalous events, both in the sciences (Kuhn, Lacatos) and in school education (Chinn & Brewer). This allowed one to consider the transition from magical to scientific thinking in children as an instance of a “revolution” in children's causal thinking about the world. Experiments are presented that examine when and how this fundamental transition from magical to scientific thinking occurs, and whether this transition is a complete replacement of one kind of causal orientation with the alternative kind or is domain specific and covers only knowledge about the physical world, whereas in other areas (such as fantasy, play, or human relations) magic thinking persists to older ages. In contrast to most previous studies, in these experiments, special care was taken to ensure that children understood the difference between “true magic” and “fake magic” (i.e., magic tricks).
Neil Tennant
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199655755
- eISBN:
- 9780191742125
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199655755.003.0005
- Subject:
- Philosophy, Logic/Philosophy of Mathematics, Metaphysics/Epistemology
The chapter explain the concept of a greedy algorithm, and provide four successively less-greedy versions of a contraction algorithm. Here, the earlier work familiarizing the reader with dependency ...
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The chapter explain the concept of a greedy algorithm, and provide four successively less-greedy versions of a contraction algorithm. Here, the earlier work familiarizing the reader with dependency networks and their coloration conventions is key. The chapter discusses further possible sophistications of our approach, which would involve relaxing some of our simplifying assumptions: (i) making use of information about relative entrenchment of beliefs; (ii) being able to give up transitional steps among beliefs, in addition to beliefs themselves; and (iii) weakening the degree of support that the premises of a step afford its conclusion, so that it is probabilistic rather than apodeictic. The fourth version of our algorithm addresses (i).Less
The chapter explain the concept of a greedy algorithm, and provide four successively less-greedy versions of a contraction algorithm. Here, the earlier work familiarizing the reader with dependency networks and their coloration conventions is key. The chapter discusses further possible sophistications of our approach, which would involve relaxing some of our simplifying assumptions: (i) making use of information about relative entrenchment of beliefs; (ii) being able to give up transitional steps among beliefs, in addition to beliefs themselves; and (iii) weakening the degree of support that the premises of a step afford its conclusion, so that it is probabilistic rather than apodeictic. The fourth version of our algorithm addresses (i).
Emily Zackin
- Published in print:
- 2013
- Published Online:
- October 2017
- ISBN:
- 9780691155777
- eISBN:
- 9781400846276
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691155777.003.0004
- Subject:
- Political Science, Public Policy
This chapter considers the variety of political calculations that drove activists, organizations, and social movements to pursue the creation of positive rights. It first explains the classic idea of ...
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This chapter considers the variety of political calculations that drove activists, organizations, and social movements to pursue the creation of positive rights. It first explains the classic idea of constitutions as constraints before discussing the main assumptions of entrenchment theories. It then considers the distinctions among the concepts of entrenchment, judicialization, and constitutional development. It also offers additional accounts of constitutional development and highlights several unique features of constitutional law, other than its (widely recognized) capacity to entrench established policies by allowing courts to protect them. The chapter contends that we should view state constitutions' responsiveness to social change as a feature that allows us to expand the existing understanding of constitutional development.Less
This chapter considers the variety of political calculations that drove activists, organizations, and social movements to pursue the creation of positive rights. It first explains the classic idea of constitutions as constraints before discussing the main assumptions of entrenchment theories. It then considers the distinctions among the concepts of entrenchment, judicialization, and constitutional development. It also offers additional accounts of constitutional development and highlights several unique features of constitutional law, other than its (widely recognized) capacity to entrench established policies by allowing courts to protect them. The chapter contends that we should view state constitutions' responsiveness to social change as a feature that allows us to expand the existing understanding of constitutional development.
Bob Heyman
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780198569008
- eISBN:
- 9780191717499
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198569008.003.02
- Subject:
- Public Health and Epidemiology, Public Health, Epidemiology
This chapter locates the starting point for risk-thinking in the categorization of diverse cases as examples of a single uniform entity. This interpretive process involves the simultaneous ...
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This chapter locates the starting point for risk-thinking in the categorization of diverse cases as examples of a single uniform entity. This interpretive process involves the simultaneous homogenization of variability within a risk category and differentiation of cases from potentially similar non-cases. For a risk category to become an object of organized management concern, its reality must be consolidated, i.e. become socially recognized and taken for granted. This chapter outlines processes which contribute to risk consolidation, including, among others: the linkage of an adverse outcome category with selected risk factors; focus on the minority who will experience an adverse outcome rather than the majority who will not; threshold setting for the presence of a risk to be recognized as real; entrenchment in service provision and commercial interests; the accumulation of associated risk imagery; and moralization within a wider societal framework of rights and obligations.Less
This chapter locates the starting point for risk-thinking in the categorization of diverse cases as examples of a single uniform entity. This interpretive process involves the simultaneous homogenization of variability within a risk category and differentiation of cases from potentially similar non-cases. For a risk category to become an object of organized management concern, its reality must be consolidated, i.e. become socially recognized and taken for granted. This chapter outlines processes which contribute to risk consolidation, including, among others: the linkage of an adverse outcome category with selected risk factors; focus on the minority who will experience an adverse outcome rather than the majority who will not; threshold setting for the presence of a risk to be recognized as real; entrenchment in service provision and commercial interests; the accumulation of associated risk imagery; and moralization within a wider societal framework of rights and obligations.
Dennis C. Mueller
- Published in print:
- 2006
- Published Online:
- January 2009
- ISBN:
- 9780199202911
- eISBN:
- 9780191707964
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199202911.003.0001
- Subject:
- Law, Company and Commercial Law
Over the last 25 years, the term ‘corporate governance’ has entered the lexicon of economists and other students of business. This development has been accompanied by growing interest in differences ...
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Over the last 25 years, the term ‘corporate governance’ has entered the lexicon of economists and other students of business. This development has been accompanied by growing interest in differences in institutional structures — like corporate governance systems — across countries. Among the many questions regarding the effects of corporate governance systems that have been examined, one of the most important has been to measure the effects of corporate governance systems on corporate performance somehow measured, or more broadly the economic performance of countries. This chapter reviews some of this evidence and takes up the questions of which system is ‘best’, and whether this superiority is likely to lead to a convergence of corporate governance structures over time. With a few exceptions, most studies of the effects of corporate governance institutions treat them as exogenous. The chapter also discusses the historical and political determinants of corporate governance institutions.Less
Over the last 25 years, the term ‘corporate governance’ has entered the lexicon of economists and other students of business. This development has been accompanied by growing interest in differences in institutional structures — like corporate governance systems — across countries. Among the many questions regarding the effects of corporate governance systems that have been examined, one of the most important has been to measure the effects of corporate governance systems on corporate performance somehow measured, or more broadly the economic performance of countries. This chapter reviews some of this evidence and takes up the questions of which system is ‘best’, and whether this superiority is likely to lead to a convergence of corporate governance structures over time. With a few exceptions, most studies of the effects of corporate governance institutions treat them as exogenous. The chapter also discusses the historical and political determinants of corporate governance institutions.
Louise M. Antony
- Published in print:
- 2008
- Published Online:
- February 2010
- ISBN:
- 9780199211531
- eISBN:
- 9780191705977
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199211531.003.0010
- Subject:
- Philosophy, Philosophy of Mind, Philosophy of Science
This chapter takes Chapter 5's causal exclusion argument to pose a dilemma about the reality of multiple realisable properties: either they are reducible to first-order physical properties or they ...
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This chapter takes Chapter 5's causal exclusion argument to pose a dilemma about the reality of multiple realisable properties: either they are reducible to first-order physical properties or they are not associated with distinctive causal powers. It detects two strands in Chapter 5's challenge. The Incoherence Challenge is that it is incoherent to hold that one and the same set of objects or events is anomic at one level of description, but nomic at a different level of description. The Conventionality Challenge is that nomicity should depend on objective similarity, and not merely on how things are described. It is argued that both challenges can be met, so that we can find a third way between the horns of Chapter 5's dilemma, and vindicate multiple realisability.Less
This chapter takes Chapter 5's causal exclusion argument to pose a dilemma about the reality of multiple realisable properties: either they are reducible to first-order physical properties or they are not associated with distinctive causal powers. It detects two strands in Chapter 5's challenge. The Incoherence Challenge is that it is incoherent to hold that one and the same set of objects or events is anomic at one level of description, but nomic at a different level of description. The Conventionality Challenge is that nomicity should depend on objective similarity, and not merely on how things are described. It is argued that both challenges can be met, so that we can find a third way between the horns of Chapter 5's dilemma, and vindicate multiple realisability.
Timothy Macklem
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199535446
- eISBN:
- 9780191709074
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199535446.003.0005
- Subject:
- Law, Philosophy of Law
This chapter examines the cost, in terms of democracy and in terms of social forms and practices, of securing judicial power and political freedom. Much has been written about the cost of judicially ...
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This chapter examines the cost, in terms of democracy and in terms of social forms and practices, of securing judicial power and political freedom. Much has been written about the cost of judicially secured freedoms in terms of democracy. Some believe that the price is worth paying; others disagree. It is argued that the loss that follows from the securing of fundamental freedoms is less a democratic loss than a loss in terms of social forms and practices. It is suggested that the commonly expressed concern at the entrenchment of fundamental freedoms in law is ultimately concern at the corrosive implications of freedom for the social forms upon full understanding of which our access to value depends.Less
This chapter examines the cost, in terms of democracy and in terms of social forms and practices, of securing judicial power and political freedom. Much has been written about the cost of judicially secured freedoms in terms of democracy. Some believe that the price is worth paying; others disagree. It is argued that the loss that follows from the securing of fundamental freedoms is less a democratic loss than a loss in terms of social forms and practices. It is suggested that the commonly expressed concern at the entrenchment of fundamental freedoms in law is ultimately concern at the corrosive implications of freedom for the social forms upon full understanding of which our access to value depends.
David Hodgson
- Published in print:
- 1993
- Published Online:
- October 2011
- ISBN:
- 9780198240686
- eISBN:
- 9780191680236
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198240686.003.0008
- Subject:
- Philosophy, Philosophy of Mind, Metaphysics/Epistemology
This chapter turns to grounds related to what has been called ‘folk psychology’: the untutored common-sense psychology which people continually undertake in relation to their behaviour and the ...
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This chapter turns to grounds related to what has been called ‘folk psychology’: the untutored common-sense psychology which people continually undertake in relation to their behaviour and the behaviour of other persons. It argues that, based on such psychology, there are good grounds supporting rejection of mechanism. In the first place, introspection, or observation or monitoring of one's own mental processes, seems to give a picture of mental processes which is inconsistent in various ways with mechanism. Secondly, this picture is deeply entrenched both in language and in the attitudes people normally adopt towards their behaviour and that of other persons. Next, the very fact that people do folk psychology is itself a consequence of the occurrence of mental events; and so the very existence of folk psychology appears to be a difference made by the occurrence of mental events.Less
This chapter turns to grounds related to what has been called ‘folk psychology’: the untutored common-sense psychology which people continually undertake in relation to their behaviour and the behaviour of other persons. It argues that, based on such psychology, there are good grounds supporting rejection of mechanism. In the first place, introspection, or observation or monitoring of one's own mental processes, seems to give a picture of mental processes which is inconsistent in various ways with mechanism. Secondly, this picture is deeply entrenched both in language and in the attitudes people normally adopt towards their behaviour and that of other persons. Next, the very fact that people do folk psychology is itself a consequence of the occurrence of mental events; and so the very existence of folk psychology appears to be a difference made by the occurrence of mental events.
Lars Vinx
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199227952
- eISBN:
- 9780191711077
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199227952.003.0004
- Subject:
- Law, Philosophy of Law
The aim to develop a legality-based theory of political legitimacy obviously requires more than just a defence of a principle of legality. Kelsen's conception of the rule of law, as outlined in the ...
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The aim to develop a legality-based theory of political legitimacy obviously requires more than just a defence of a principle of legality. Kelsen's conception of the rule of law, as outlined in the previous chapter, must be supplemented by a conception of the legitimacy of the law to which the state is bound in order for a conception of legality-based political legitimacy to get off the ground. This chapter argues that Kelsen's theory of democracy answers to this requirement. Since Kelsen's theory of democracy is interesting in its own right, it offers an in-depth analysis of Kelsen's attempt to justify democracy on the basis of the value of freedom, of his argument for the legitimacy of majority rule, and of his defence of the compatibility of democracy and constitutionalism as forms of social compromise. The chapter concludes with a critical discussion of Kelsen's moral relativism.Less
The aim to develop a legality-based theory of political legitimacy obviously requires more than just a defence of a principle of legality. Kelsen's conception of the rule of law, as outlined in the previous chapter, must be supplemented by a conception of the legitimacy of the law to which the state is bound in order for a conception of legality-based political legitimacy to get off the ground. This chapter argues that Kelsen's theory of democracy answers to this requirement. Since Kelsen's theory of democracy is interesting in its own right, it offers an in-depth analysis of Kelsen's attempt to justify democracy on the basis of the value of freedom, of his argument for the legitimacy of majority rule, and of his defence of the compatibility of democracy and constitutionalism as forms of social compromise. The chapter concludes with a critical discussion of Kelsen's moral relativism.
K. D. EWING
- Published in print:
- 2003
- Published Online:
- January 2010
- ISBN:
- 9780199264063
- eISBN:
- 9780191718304
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199264063.003.0017
- Subject:
- Law, Human Rights and Immigration
This chapter investigates the counter-intuitive and paradoxical position for someone opposed to the constitutional entrenchment of rights, namely that the entrenchment of rights is incomplete without ...
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This chapter investigates the counter-intuitive and paradoxical position for someone opposed to the constitutional entrenchment of rights, namely that the entrenchment of rights is incomplete without more rights: social and economic rights to complement civil and political rights. It defines social rights as the kind of rights that complement civil and political rights and are to be found expressed in a number of international treaties and national institutions. It also evaluates the state violations of social rights. It notes that among the important institutional reforms of recent times is the Human Rights Act 1998. It talks about the constitutional protection of social rights. It argues that social rights serve an important constitutional function, in the sense that they bring life and give meaning to the constitutional principles of liberty and equality.Less
This chapter investigates the counter-intuitive and paradoxical position for someone opposed to the constitutional entrenchment of rights, namely that the entrenchment of rights is incomplete without more rights: social and economic rights to complement civil and political rights. It defines social rights as the kind of rights that complement civil and political rights and are to be found expressed in a number of international treaties and national institutions. It also evaluates the state violations of social rights. It notes that among the important institutional reforms of recent times is the Human Rights Act 1998. It talks about the constitutional protection of social rights. It argues that social rights serve an important constitutional function, in the sense that they bring life and give meaning to the constitutional principles of liberty and equality.
JAMES ALLAN
- Published in print:
- 2003
- Published Online:
- January 2010
- ISBN:
- 9780199264063
- eISBN:
- 9780191718304
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199264063.003.0009
- Subject:
- Law, Human Rights and Immigration
This chapter defends the current constitutional status quo in Australia, arguing particularly against the need for any sort of bill of rights, whether constitutionally entrenched or simply statutory. ...
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This chapter defends the current constitutional status quo in Australia, arguing particularly against the need for any sort of bill of rights, whether constitutionally entrenched or simply statutory. It tries to convince the reader that Australia today is fully capable of protecting basic human interests without any sort of bill of rights. It mentions the existing set-up in Australia including any assessment of the need for, or desirability of, a bill of rights. It briefly investigates the rights themselves: what they are, their colonizing power, and their capacity to overwhelm all disagreement not itself framed in terms of rights. It then turns back to bills of rights and notes a main effect of such instruments. It then unites the earlier strands and examines whether the desire to protect certain human interests, of the sort that fall under the aegis of ‘human rights’, requires some sort of bill of rights.Less
This chapter defends the current constitutional status quo in Australia, arguing particularly against the need for any sort of bill of rights, whether constitutionally entrenched or simply statutory. It tries to convince the reader that Australia today is fully capable of protecting basic human interests without any sort of bill of rights. It mentions the existing set-up in Australia including any assessment of the need for, or desirability of, a bill of rights. It briefly investigates the rights themselves: what they are, their colonizing power, and their capacity to overwhelm all disagreement not itself framed in terms of rights. It then turns back to bills of rights and notes a main effect of such instruments. It then unites the earlier strands and examines whether the desire to protect certain human interests, of the sort that fall under the aegis of ‘human rights’, requires some sort of bill of rights.
David A. Rezvani
- Published in print:
- 2014
- Published Online:
- August 2014
- ISBN:
- 9780199688494
- eISBN:
- 9780191767739
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199688494.003.0003
- Subject:
- Political Science, Democratization
Chapter 3 is the first chapter of Part II of the book, which focuses on the self-determination features of partially independent territories (PITs). This chapter begins by examining the ways in which ...
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Chapter 3 is the first chapter of Part II of the book, which focuses on the self-determination features of partially independent territories (PITs). This chapter begins by examining the ways in which PITs have amended the structure of the international system. The chapter then examines the defining features of PITs which include their nationalistic distinctiveness, their constitutionally unincorporated status, and their powers of sovereignty. The chapter differentiates PITs from a range of other political forms in the international system such as sovereign states, federation member-units, regional autonomy, devolution, associate states, sham federacies, and colonies. Lastly, the chapter examines the ways in which PITs have constitutionally guaranteed powers through formal, conventional, and political-formal types of entrenchment.Less
Chapter 3 is the first chapter of Part II of the book, which focuses on the self-determination features of partially independent territories (PITs). This chapter begins by examining the ways in which PITs have amended the structure of the international system. The chapter then examines the defining features of PITs which include their nationalistic distinctiveness, their constitutionally unincorporated status, and their powers of sovereignty. The chapter differentiates PITs from a range of other political forms in the international system such as sovereign states, federation member-units, regional autonomy, devolution, associate states, sham federacies, and colonies. Lastly, the chapter examines the ways in which PITs have constitutionally guaranteed powers through formal, conventional, and political-formal types of entrenchment.
Hans-Jörg Schmid
- Published in print:
- 2020
- Published Online:
- February 2020
- ISBN:
- 9780198814771
- eISBN:
- 9780191852466
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198814771.001.0001
- Subject:
- Linguistics, Theoretical Linguistics, Psycholinguistics / Neurolinguistics / Cognitive Linguistics
This book develops a model of language which can be characterized as functionalist, usage-based, dynamic, and complex-adaptive. Its core idea is that linguistic structure is not stable and uniform, ...
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This book develops a model of language which can be characterized as functionalist, usage-based, dynamic, and complex-adaptive. Its core idea is that linguistic structure is not stable and uniform, but continually refreshed and in fact reconstituted by the feedback-loop interaction of three components: usage, i.e. the interpersonal and cognitive activities of speakers in concrete communication; conventionalization, i.e. the social processes taking place in speech communities; and entrenchment, i.e. the cognitive processes taking place in the minds of individual speakers. Extending the so-called Entrenchment-and-Conventionalization Model, the book shows that what we call the Linguistic System is created, sustained, and continually adapted by the ongoing interaction between usage, conventionalization, and entrenchment. The model contributes to closing the gap in usage-based models concerning how exactly usage is transformed into collective and individual grammar and how these two grammars in turn feed back into usage. The book exploits and extends insights from an exceptionally wide range of fields, including usage-based cognitive linguistics, psycholinguistics, interactional linguistics and pragmatics, historical linguistics, sociolinguistics and the sociology and philosophy of language, as well as quantitative corpus linguistics. It makes numerous original suggestions about, among other things, how cognitive processing and representation are related and about the manifold ways in which individuals and communities contribute to shaping language and bringing about language variation and change. It presents a coherent account of the role of forces that are known to affect language structure, variation, and change, e.g. economy, efficiency, extravagance, embodiment, identity, social order, prestige, mobility, multilingualism, and language contact.Less
This book develops a model of language which can be characterized as functionalist, usage-based, dynamic, and complex-adaptive. Its core idea is that linguistic structure is not stable and uniform, but continually refreshed and in fact reconstituted by the feedback-loop interaction of three components: usage, i.e. the interpersonal and cognitive activities of speakers in concrete communication; conventionalization, i.e. the social processes taking place in speech communities; and entrenchment, i.e. the cognitive processes taking place in the minds of individual speakers. Extending the so-called Entrenchment-and-Conventionalization Model, the book shows that what we call the Linguistic System is created, sustained, and continually adapted by the ongoing interaction between usage, conventionalization, and entrenchment. The model contributes to closing the gap in usage-based models concerning how exactly usage is transformed into collective and individual grammar and how these two grammars in turn feed back into usage. The book exploits and extends insights from an exceptionally wide range of fields, including usage-based cognitive linguistics, psycholinguistics, interactional linguistics and pragmatics, historical linguistics, sociolinguistics and the sociology and philosophy of language, as well as quantitative corpus linguistics. It makes numerous original suggestions about, among other things, how cognitive processing and representation are related and about the manifold ways in which individuals and communities contribute to shaping language and bringing about language variation and change. It presents a coherent account of the role of forces that are known to affect language structure, variation, and change, e.g. economy, efficiency, extravagance, embodiment, identity, social order, prestige, mobility, multilingualism, and language contact.
