Law, Liberty and the Rule of Law (in a Constitutional Democracy)

In the hunt for a better--and more substantial--awareness of the “law,” The author intends to analyze the different notions related to the “rule of law” and to criticize the conceptions that equate it either to the sum of “law” and “rule” or to the formal assertion that “law rules,” regardless of its relationship to certain principles, including both “negative” and “positive” liberties. Instead, he pretends to scrutinize the principles of the “rule of law,” in general, and in a “constitutional democracy,” in particular, to conclude that the tendency to reduce the “democratic principle” to the “majority rule” (or “majority principle”), i.e. to whatever pleases the majority, as part of the “positive liberty,” is contrary both to the “negative liberty” and to the “rule of law” itself

The prisoner's right to vote and civic responsibility: Reaffirming the social contract?

Copyright © 2009 NAPOThis article considers the issue of the prisoner’s right to vote in the light of recent developments in law and policy. It critically reviews the purported justifications for disenfranchisement and argues that re-enfranchisement should be pursued on the grounds of both principle and policy

Global equality of resources and the problem of valuation

The principle that every individual on the planet has a claim to an equal share of Earth’s natural resources has an intuitive attraction. Yet the Principle of Natural Resource Equality is not without its problems. This article focuses on the problem of valuation. Unless and until its adherents are able to develop an adequate theoretical mechanism for determining the comparative value of two or more bundles of natural resources the principle lacks applicability and persuasive force. Three adequacy constraints on such a mechanism are presented and then applied to a theorisation of the Principle of Natural Resource Equality that I have already expounded elsewhere: Global Equality of Resources. In each case I try to argue that Global Equality of Resources could satisfy the adequacy constraint, provided that both this theory and the relevant constraint are properly understood

Provisions Relating to IETF Documents

This document specifies a padding convention for use with the AES Key Wrap algorithm specified in RFC 3394. This convention eliminates the requirement that the length of the key to be wrapped be a multiple of 64 bits, allowing a key of any practical length to be wrapped. Status of This Memo This memo provides information for the Internet community. It does not specify an Internet standard of any kind. Distribution of this memo is unlimited. Copyright and License Notice Copyright (c) 2009 IETF Trust and the persons identified as th

In defence of global egalitarianism

This essay argues that David Miller's criticisms of global egalitarianism do not undermine the view where it is stated in one of its stronger, luck egalitarian forms. The claim that global egalitarianism cannot specify a metric of justice which is broad enough to exclude spurious claims for redistribution, but precise enough to appropriately value different kinds of advantage, implicitly assumes that cultural understandings are the only legitimate way of identifying what counts as advantage. But that is an assumption always or almost always rejected by global egalitarianism. The claim that global egalitarianism demands either too little redistribution, leaving the unborn and dissenters burdened with their societies' imprudent choices, or too much redistribution, creating perverse incentives by punishing prudent decisions, only presents a problem for global luck egalitarianism on the assumption that nations can legitimately inherit assets from earlier generations – again, an assumption very much at odds with global egalitarian assumptions

Rape and respectability: ideas about sexual violence and social class

Women on low incomes are disproportionately represented among sexual violence survivors, yet feminist research on this topic has paid very little attention to social class. This article blends recent research on class, gender and sexuality with what we know about sexual violence. It is argued that there is a need to engage with classed distinctions between women in terms of contexts for and experiences of sexual violence, and to look at interactions between pejorative constructions of working-class sexualities and how complainants and defendants are perceived and treated. The classed division between the sexual and the feminine, drawn via the notion of respectability, is applied to these issues. This piece is intended to catalyse further research and debate, and raises a number of questions for future work on sexual violence and social class

Broadcasting graphic war violence: the moral face of Channel 4

Drawing on empirical data from Channel 4 (C4) regarding the broadcasting of violent war imagery, and positioned within Goffman’s notion of the interaction ritual (1959, 1967), this article investigates how C4 negotiate potentially competing commercial, regulatory and moral requirements through processes of discretionary decision-making. Throughout, the article considers the extent to which these negotiations are presented through a series of ‘imaginings’ – of C4 and its audience – which serve to simultaneously guide and legitimate the decisions made. This manifestation of imaginings moves us beyond more blanket explanations of ‘branding’ and instead allows us to see the final programmes as the end product of a series of complex negotiations and interactions between C4 and those multiple external parties significant to the workings of their organization. The insights gleaned from this case study are important beyond the workings of C4 because they help elucidate how all institutions and organizations may view, organize and justify their practices (to both themselves and others) within the perceived constraints in which they operate

Egalitarian justice and expected value

According to all-luck egalitarianism, the differential distributive effects of both brute luck, which defines the outcome of risks which are not deliberately taken, and option luck, which defines the outcome of deliberate gambles, are unjust. Exactly how to correct the effects of option luck is, however, a complex issue. This article argues that (a) option luck should be neutralized not just by correcting luck among gamblers, but among the community as a whole, because it would be unfair for gamblers as a group to be disadvantaged relative to non-gamblers by bad option luck; (b) individuals should receive the warranted expected results of their gambles, except insofar as individuals blamelessly lacked the ability to ascertain which expectations were warranted; and (c) where societal resources are insufficient to deliver expected results to gamblers, gamblers should receive a lesser distributive share which is in proportion to the expected results. Where all-luck egalitarianism is understood in this way, it allows risk-takers to impose externalities on non-risk-takers, which seems counterintuitive. This may, however, be an advantage as it provides a luck egalitarian rationale for assisting ‘negligent victims’

Gender, war and militarism: making and questioning the links

The gender dynamics of militarism have traditionally been seen as straightforward, given the cultural mythologies of warfare and the disciplining of ‘masculinity’ that occurs in the training and use of men's capacity for violence in the armed services. However, women's relation to both war and peace has been varied and complex. It is women who have often been most prominent in working for peace, although there are no necessary links between women and opposition to militarism. In addition, more women than ever are serving in many of today's armies, with feminists rather uncertain on how to relate to this phenomenon. In this article, I explore some of the complexities of applying gender analyses to militarism and peace work in sites of conflict today, looking most closely at the Israeli feminist group, New Profile, and their insistence upon the costs of the militarized nature of Israeli society. They expose the very permeable boundaries between the military and civil society, as violence seeps into the fears and practices of everyday life in Israel. I place their work in the context of broader feminist analysis offered by researchers such as Cynthia Enloe and Cynthia Cockburn, who have for decades been writing about the ‘masculinist’ postures and practices of warfare, as well as the situation of women caught up in them. Finally, I suggest that rethinking the gendered nature of warfare must also encompass the costs of war to men, whose fundamental vulnerability to psychological abuse and physical injury is often downplayed, whether in mainstream accounts of warfare or in more specific gender analysis. Feminists need to pay careful attention to masculinity and its fragmentations in addressing the topic of gender, war and militarism

Tradition and Prudence in Locke's Exceptions to Toleration

Why did Locke exclude Catholics and atheists from toleration? Not, I contend, because he was trapped by his context, but because his prudential approach and practica ljudgments led him to traditiona ltexts. I make this argumentfirst by outlining the connections among prudential exceptionality, practical judgments, and traditional texts. I then describe important continuities betweenc onventional English understandings of the relationship between state and religion and Locke's writings on toleration, discuss Locke's conception of rights, and illustrate his use of prudential exceptions and distinctions. I conclude by arguing that Locke's problems are relevant to assessingc ontemporary liberal discussions of tolerationa nd the separation of state and religion that lean heavily on practical justification