Is there a need for political liberalism to have an account of pre-overlapping consensus reasoning?

In his Liberalism without Perfection, Jonathan Quong argues for internal conception of political liberalism which goal is to show that a liberal well-ordered society is internally coherent ideal and that citizens who would be raised in such society could endorse and support their own liberal institutions and principles if those institutions and principles are justified in particular way These institutions should be justified by particular conception of public reason which main feature is that overlapping consensus is the first stage of its justificatory structure. So, public reasoning of citizens in well-ordered society should be based solely on values and ideas inherent to liberal conception of justice - freedom, equality, fair system of cooperation and burdens of judgment. Another important feature of Quong’s conception of public reason concerns its scope. Quong argues for a wide scope of public reason which demands that all coercive or binding laws or public policies should be justified (whenever possible) on basis of these values alone. Thus, reasonable citizens in well-ordered society by definition accord deliberative priority to public reasons over their other comprehensive or nonpublic beliefs whenever they exercise their collective political power over one another. The problem I raise in this paper is that it is very likely that in well-ordered society there will be a group of citizens that will not accord full deliberative priority to political values, especially not at all levels of political deliberation. On certain issues they will like to see their particular values being realized through common political institutions. If our political theory excludes this group from justificatory constituency on this particular issue or categorize them as unreasonable it can easily undermine their general adherence to liberal conception of justice and endanger stability of well-ordered society. Thus, my point is that we need a further development of political liberalism to solve such problems not as a part of non-ideal theory but as a part of its ideal of well-ordered society

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Disparate Impact Under the Age Discrimination in Employment Act of 1967

DisparateImpactUndertheAgeDiscrimination.pdf: 5205 downloads, before Oct. 1, 2020

Has the Averch-Johnson Effect Been Empirically Verified?

Recently three studies have been published which claim to confirm the existence of the Averch-Johnson effect in the electric power industry. Each of these papers uses a distinctly different methodology. This paper examines the general problem of what the nature of the A-J effect might be and what sort of data would be required in order to confirm its presence. The other studies are then critically examined on the basis of this discussion. A modification of the method used in one previous study is then used to test the A-J hypothesis, and no evidence of capital bias is found. The principal conclusion of this study is that if the A-J effect is significant in distorting input choices in the electric utility industry, very different sorts of data than those that have been used thus far are going to be required in order to verify its presence. Mechanical usage of gross input and output numbers, without understanding of the technological processes involved, leads only to erroneous conclusions

Burton Denby v. The Board of Review of The Industrial Commission of Utah : Plaintiff\u27s Brief

Appeal from a Decision By The Board of the Industrial Commission of Uta

CONCEPTUAL NEEDLES IN THEORETICAL HAYSTACKS: THE NOTION OF CONFLICT IN DURKHEIM AND WEBER

The primary focal point of this paper is an investigation into the significance, if any , of the idea of conflict in two "classical" sociologists-Emile DurkheIm (1958-1917) and Max Weber (1964-1920). Although both developed sociology par excellence in their respective countries and were contemporaneous, neither seemed conscious of the other--they worked separately. The analysis of conflict comprises an exercise in comparative theoretical annlysis. The first problem, then, wi~l be to present a framework for comparing Durkheim and Weber. After a brief comment on the " times" in which they wrote, we move to an examination of conflict in first Durkheim End then Weber. The peper will end with a comparison and conclusion.http://web.ku.edu/~starjrn

The Paradox of Silence: Some Questions About Silence as Resistance

In Part I, I note the difficulty in distinguishing between silencing and silence as resistance. This difficulty has often led people in power to misinterpret the silence of people of color. Part II further explores the complications of incorporating the study of silence into resistance scholarship. I illustrate this complexity by discussing the silencing of welfare mothers and the use of language by women of color to challenge dominant medical discourse. Part III considers Professor Montoya\u27s proposal to use silence as a pedagogical tool. Continuing my examination of silence as both liberating and accommodating, I distinguish between silence in the classroom as a method for subverting the dominant style of speech and silence as reinforcement of students\u27 reluctance to express their opinions in class. Finally, using Professor Montoya\u27s story about racist graffiti, Part IV emphasizes that silence may constitute complicity in marginalizing discourse rather than resistance to that discourse. In short, silence provides a fruitful yet complicated arena of study for resistance scholars

Petty Motor Lease, Inc. v. Clarence L. Jolley : Brief of Plaintiff-Cross Appellant

Appeal from the Judgment of the Third Judicial District Court For Salt Lake County, State of Utah Honorable Ernest F. Baldwin, Judg