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

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

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

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’

Theorising Disability: Beyond Common Sense

This article seeks to introduce the topic of disability to political theory via a discussion of some of the literature produced by disability theorists. The author argues that these more radical approaches conceptualise disability in ways that conflict with ‘common-sense’ notions of disability that tend to underpin political theoretical considerations of the topic. Furthermore, the author suggests that these more radical conceptualisations have profound implications for current debates on social justice, equality and citizenship that highlight the extent to which these notions are also currently underpinned by ‘common-sense’ notions of ‘normality’

Search for Chemical Biomarkers on Mars Using the Sample Analysis at Mars Instrument Suite on the Mars Science Laboratory

One key goal for the future exploration of Mars is the search for chemical biomarkers including complex organic compounds important in life on Earth. The Sample Analysis at Mars (SAM) instrument suite on the Mars Science Laboratory (MSL) will provide the most sensitive measurements of the organic composition of rocks and regolith samples ever carried out in situ on Mars. SAM consists of a gas chromatograph (GC), quadrupole mass spectrometer (QMS), and tunable laser spectrometer to measure volatiles in the atmosphere and released from rock powders heated up to 1000 C. The measurement of organics in solid samples will be accomplished by three experiments: (1) pyrolysis QMS to identify alkane fragments and simple aromatic compounds; pyrolysis GCMS to separate and identify complex mixtures of larger hydrocarbons; and (3) chemical derivatization and GCMS extract less volatile compounds including amino and carboxylic acids that are not detectable by the other two experiments