Laws that compel speech implicate the First Amendment to the U.S. Constitution, which protects not only the right to speak but also the right to choose the content of one's speech. The U.S. Supreme Court's jur...
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Laws that compel speech implicate the First Amendment to the U.S. Constitution, which protects not only the right to speak but also the right to choose the content of one's speech. The U.S. Supreme Court's jurisprudence regarding compelled speech, however, has been far from consistent. Although the Court has typically been hostile to laws that compel the expression of opinions, it has been quite tolerant of laws that compel the expression of facts, including mandatory disclaimer laws. This essay examines the Supreme Court's compelled-speech jurisprudence in light of recent findings by Green and Armstrong (2012) that mandatory disclaimers may be worse than useless, leading consumers to make inferior decisions. These findings suggest that a properly engaged judiciary should be more skeptical of the alleged benefits of mandatory disclaimers in both the commercial and political arenas.
The Virginia Report of the Inter Anglican Theological and Doctrinal Commission (1997) identified as the four instruments of Anglican unity: the Archbishop of Canterbury;the Lambeth Conference;the Primates' Meeting...
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The Virginia Report of the Inter Anglican Theological and Doctrinal Commission (1997) identified as the four instruments of Anglican unity: the Archbishop of Canterbury;the Lambeth Conference;the Primates' Meeting;and the Anglican Consultative Council. The aim of this short article is to examine whether and how canon law might be acknowledged as one of the instruments of Anglican unity. First, the study proposes that there are principles of canon law recognised by churches. These are rooted in the canonical tradition shared by churches of the catholic and apostolic tradition. Secondly, it proposes that the profound similarities between Anglican legal systems indicate, as a matter of descriptive fact, what Anglicans share in common juridically. Together, the principles of canon law and the similarities between Anglican legal systems represent the common law of the Anglican Communion. Thirdly, the study addresses some methodological issues raised in ascertaining and formulating the canonical principles of the Anglican ius commune. Finally, it suggests some reasons and justifications for an acknowledgement of the Anglican common law.
This paper revisits an often-neglected text by Jean-Luc Nancy, The Jurisdiction of the Hegelian Monarch (1982), which discusses Hegel's famously controversial defence of constitutional monarchy in his Philosophy o...
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This paper revisits an often-neglected text by Jean-Luc Nancy, The Jurisdiction of the Hegelian Monarch (1982), which discusses Hegel's famously controversial defence of constitutional monarchy in his Philosophy of Right. Hegel's insistence on placing at the top of the state edifice a "sheer body", whose sole function would be to validate decisions already taken by the civil administration by appending his signature or saying "I will", was read by his contemporaries as a concession to Prussian absolutism. Furthermore, hereditary accession to the throne was felt to make birth the defining quality of the monarch, thus placing undue emphasis on the monarch's body in a way that did not seem consistent with Hegel's understanding of politics as the unfolding of reason in history. This paper argues that Nancy's contribution transforms the terms of the debate by suggesting that the real interest of Hegel's theory of the monarch lies not in the biographical details of its author, but rather in what that theory reveals about the "essence of the political as such". Through an analysis of the twin motifs of "decision" and "jurisdiction", the Hegelian monarch is shown to be allied to a thinking of politics as effectuation, as the making effective of an essence, which could itself be nothing political, such as "the true Good", or "the ethical Idea". The final part of the paper explores the implications of this notion both for Hegel's philosophy of spirit and for a politics that organises itself around the concepts of "people" and "nation".
In this paper I examine the anthropocentrism evident in key texts by Bataille and Heidegger. Starting with Bataille's treatment of animality in his Theory of Religion I show how a contrast is drawn between animal ...
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In this paper I examine the anthropocentrism evident in key texts by Bataille and Heidegger. Starting with Bataille's treatment of animality in his Theory of Religion I show how a contrast is drawn between animal experience, which is immediate and immanent ("like water in water"), and human experience, which cannot help but transcend its environment by imposing distinctions. According to Bataille the animal therefore remains unfathomably closed to us. Heidegger, meanwhile, suggests that it is the hand which denotes the crucial difference between human and animal. By means of the disclosive demarcation that the hand makes possible humanity enters a unique and privileged relationship to Being. I argue that both authors assume, without demonstrating, a qualitative difference between human and animal. This starting point might thus usefully be described as an "anthropocentric assumption" in the sense that, although neither author considers human experience to be superior to that of animals, each considers it first-and-foremost.
Implementing power-sharing arrangements can be cumbersome. This article examines the institutional processes and changing nature of power-sharing mechanisms instituted in Northern Ireland and Bosnia-Herzegovina. It sc...
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Implementing power-sharing arrangements can be cumbersome. This article examines the institutional processes and changing nature of power-sharing mechanisms instituted in Northern Ireland and Bosnia-Herzegovina. It scrutinises the problems of legitimacy and elite predominance, endorsing power-sharing arrangements and their institutional processes. The institutional capacity of consociational arrangements and the strengths and weaknesses of consociational theory are addressed. Finally, the power-sharing panacea is then applied to the Bosnian case, in the guise of the Dayton Peace Accords of 1995, and the Northern Irish Good Friday Agreement of 1998. These cases illustrate the degree to which piecemeal or incremental consociational arrangements exhibit degrees of institutional learning over time.
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