1.. HARD CASES 5. Legal Rights A. Legislation . . . We might therefore do well to consider how a philosophical judge might develop, in appropriate cases, theories of what legislative purpose and legal principles require. We shall find that he would construct these theories in the same manner as a philosophical referee would construct the character of a game. I have invented, for this purpose, a lawyer of superhuman skill, learning, patience and acumen, whom I shall call Hercules. I suppose that Hercules is a judge in some representative American jurisdiction. I assume that he accepts the main uncontroversial constitutive and regulative rules of the law in his jurisdiction. He accepts, that is, that statutes have the general power to create and extinguish legal rights, and that judges have the general duty to follow earlier decisions of their court or higher courts whose rationale, as l

Taking Rights Seriously

The increasingly multicultural fabric of modern societies has given rise to many new issues and conflicts, as ethnic and national minorities demand recognition and support for their cultural identity. This book presents a new conception of the rights and status of minority cultures. It argues that certain sorts of 'collective rights' for minority cultures are consistent with liberal democratic principles, and that standard liberal objections to recognizing such rights on grounds of individual freedom, social justice, and national unity, can be answered. However, Professor Kymlicka emphasises that no single formula can be applied to all groups and that the needs and aspirations of immigrants are very different from those of indigenous peoples and national minorities. The book discusses issues such as language rights, group representation, religious education, federalism, and secession - issues which are central to understanding multicultural politics, but which have been surprisingly neglected in contemporary liberal theory.

Multicultural Citizenship: A Liberal Theory of Minority Rights

This is the first comprehensive critical evaluation of the use of rational choice theory in political science. Writing in an accessible and nontechnical style, Donald P. Green and Ian Shapiro assess rational choice theory where it is reputed to be most successful: the study of collective action, the behavior of political parties and politicians, and such phenomena as voting cycles and Prisoner's Dilemmas. In their hard-hitting critique, Green and Shapiro demonstrate that the much heralded achievements of rational choice theory are in fact deeply suspect and that fundamental rethinking is needed if rational choice theorists are to contribute to the understanding of politics. In their final chapters, they anticipate and respond to a variety of possible rational choice responses to their arguments, thereby initiating a dialogue that is bound to continue for some time.

Pathologies of rational choice theory: A critique of applications in political science.

The Formation of National States in Western Europe

Liberal nationalism is a liberal form of nationalism that tries to reconcile two sets of seemingly contradictory values: the values of liberalism and...

On Liberal Nationalism

We would like to thank the anonymous referees for their helpful suggestions, which contributed to improving the article. We are also very grateful to Professor Michael Keating, Professor David McCrone, Dr Wilfried Swenden and Dr Ivan Serrano for their insightful comments on earlier versions of this manuscript.

/pdf/explaining-accommodation-and-resistance-to-demands-for-zpt0e16ave.pdf

Explaining accommodation and resistance to demands for independence referendums in the UK and Spain

Nationalism, Liberalism and Language in Catalonia and Flanders

Nationalism, Secessionism and Autonomy

This paper examines the way party elites in the UK and Spain discursively construct the nation and justify state integrity in the face of resurgent Catalan and Scottish demands for self-determinati...

/pdf/why-stay-together-state-nationalism-and-justifications-for-dfe12v0akk.pdf

Why Stay Together? State Nationalism and Justifications for State Unity in Spain and the UK

This article summarises contributions to an ASEN-Edinburgh (Association for the Study of Ethnicity and Nationalism, Edinburgh Branch) symposium held the day after the 2017 Catalan referendum on ind...

/pdf/the-2017-catalan-independence-referendum-a-symposium-48c37kip1m.pdf

The 2017 Catalan independence referendum: A symposium

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