Constraints
In: China news analysis: Zhongguo-xiaoxi-fenxi, Heft 1551, S. 8
ISSN: 0009-4404
In: China news analysis: Zhongguo-xiaoxi-fenxi, Heft 1551, S. 8
ISSN: 0009-4404
In: Public administration review: PAR, Band 30, Heft 5, S. 488
ISSN: 1540-6210
In: NBER Working Paper No. w19551
SSRN
In: American politics research, Band 35, Heft 5, S. 755-768
ISSN: 1552-3373
To study the behavior of judges, one must first consider whether judges are just like any other political actor (e.g., legislators) or whether, because of their affiliation with the judiciary, law constrains their behavior to some extent. Research aimed at considering the extent to which judges are constrained by the law is sparse, and conclusions resulting from such research are mixed. In this article, the authors explore the extent to which law constrains judges by focusing on the decision to dissent rather than concur when Supreme Court justices write separately. The authors find that, although law matters, it does not constrain.
In: British journal of political science, Band 34, Heft 2, S. 251-268
ISSN: 1469-2112
Political theorists disagree about the extent to which issues of feasibility, stability, institutional design and human nature can be bracketed in analysing the concept of justice. At one end of the spectrum some argue that no analysis of justice can be adequate in the absence of an account of how it could be implemented, whereas at the other end there are those who argue that principles of justice are logically independent of issues of feasibility. Influenced by the work of John Rawls, many theorists occupy the middle ground, maintaining that analyses of justice must be realistic, that is, realizable under the best of foreseeable conditions. Against Rawls and others, this article argues that feasibility does not constrain what can count as an adequate principle of justice but nevertheless maintains that there are limits on such principles that derive in part from human nature, which divergent theories of justice must respect. It also distinguishes between different levels of analysis, some of which are governed by feasibility constraints.
In: Routledge Studies in the Modern World Economy; Russia Moves into the Global Economy, S. 17-25
In: The Adelphi Papers, Band 25, Heft 201, S. 26-34
In: Economics as Applied Ethics, S. 105-116
In: The Problem-solving Capacity of the Modern State, S. 198-217
In: British journal of political science, Band 34, Heft 2, S. 251-268
ISSN: 0007-1234
In: Inequality and the State, S. 236-260