4,830 research outputs found

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

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    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

    Weighted Dirac combs with pure point diffraction

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    A class of translation bounded complex measures, which have the form of weighted Dirac combs, on locally compact Abelian groups is investigated. Given such a Dirac comb, we are interested in its diffraction spectrum which emerges as the Fourier transform of the autocorrelation measure. We present a sufficient set of conditions to ensure that the diffraction measure is a pure point measure. Simultaneously, we establish a natural link to the theory of the cut and project formalism and to the theory of almost periodic measures. Our conditions are general enough to cover the known theory of model sets, but also to include examples such as the visible lattice points.Comment: 44 pages; several corrections and improvement

    Intergenerational justice of what: welfare, resources or capabilities?

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    An important aspect of intergenerational justice concerns the specification of a 'currency of advantage' that can be used to evaluate distributive outcomes across time. Environmental theorists have introduced several innovative currencies of justice in recent years, such as ecological space and critical natural capital. However they have often downplayed the application of established currencies (such as welfare, resources or capabilities) to issues of futurity. After exploring the merits of a number of rival currencies, it is argued that the currency of 'capabilities to function' provides a promising basis for a theory of justice that takes seriously the rights and duties of intergenerational justice

    Extinctions and Correlations for Uniformly Discrete Point Processes with Pure Point Dynamical Spectra

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    The paper investigates how correlations can completely specify a uniformly discrete point process. The setting is that of uniformly discrete point sets in real space for which the corresponding dynamical hull is ergodic. The first result is that all of the essential physical information in such a system is derivable from its nn-point correlations, n=2,3,>...n= 2, 3, >.... If the system is pure point diffractive an upper bound on the number of correlations required can be derived from the cycle structure of a graph formed from the dynamical and Bragg spectra. In particular, if the diffraction has no extinctions, then the 2 and 3 point correlations contain all the relevant information.Comment: 16 page

    In defence of global egalitarianism

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    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

    Gender, war and militarism: making and questioning the links

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    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

    Social Work and Pornography:some ethical considerations

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    On the back of recent high-profile cases, the subject of internet pornography has become the focus of media and political attention. Social workers are increasingly likely to be drawn into this issue through requirements to provide courts with reports or taking child protection decisions relating to clients' use of child or, potentially, extreme pornography. Within a risk paradigm, they may look for answers based on technical and ‘scientific’ knowledge. We argue here that pornography is, first and foremost, an ethical issue. This article offers a preliminary exploration of some of the ethical issues it raises. We take as a starting point that whatever we might personally think about it, pornography is a fact of everyday life. Yet, in the current political and social climate it has become deeply moralised. We argue that social workers might legitimately adopt a range of value positions in relation to pornography that these need to be opened up to ethical debate
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