Legitimate political authority is often said to involve a “right to rule,” which is most plausibly understood as a Hohfeldian moral power on the part of the state to impose obligations on its subjects (or otherwise to change their normative situation). Many writers have taken the state’s moral power (if and when it exists) to be a correlate, in some sense, of an obligation on the part of the state’s subjects to obey its directives. Thus legitimate political authority is said (...) to entail a general obligation to obey the law, and a general obligation to obey the law is said to entail legitimate political authority. With some version of this idea in mind, many writers attempt to establish full (or partial) legitimate political authority by first arguing for the intermediate conclusion that there exists a general (or partial) obligation to obey the law. This article argues that such a strategy is fundamentally mistaken, because while legitimate authority does indeed entail an obligation to obey the law, an obligation to obey the law does not, in and of itself, entail legitimate authority. This can be referred to as “the reverse entailment problem.” To avoid this problem, a theory of political authority must argue directly for the existence of the appropriate kind of moral power on the part of the state. This article argues for the “value-based” conception of a moral power, which states, very roughly, that one person holds a power over another if there is sufficient value in the former possessing the capacity intentionally to impose an obligation on the latter (or otherwise to change her normative situation). This seemingly simple understanding of a moral power gives rise to surprisingly strong adequacy conditions on what can count as an acceptable theory of legitimate political authority, and these conditions decisively rule out most of the standard theories in the literature. (shrink)

To understand H.L.A. Hart's general theory of law, it is helpful to distinguish betweensubstantiveandmethodologicallegal positivism. Substantive legal positivism is the view that there is no necessary connection between morality and the content of law. Methodological legal positivism is the view that legal theory can and should offer a normatively neutral description of a particular social phenomenon, namely law. Methodological positivism holds, we might say, not that there is no necessary connection between morality and law, but rather that there is no (...) connection, necessary or otherwise, between morality and legal theory. The respective claims of substantive and methodological positivism are, at least on the surface, logically independent. Hobbes and Bentham employed normative methodologies to defend versions of substantive positivism, and in modern times Michael Moore has developed what can be regarded as a variant of methodological positivism to defend a theory of natural law. (shrink)

This chapter contains sections titled: Economic Theories: Internalization Economic Theories: Deterrence Economic Theories: Loss Spreading Rights‐Based Theories and Distributive Justice Rights‐Based Theories and Corrective Justice References.

Communication Theories for Everyday Life introduces readers to the complexities of theories in communication studies, mass communication, and public relations, emphasizing their connection to everyday life. Instead of utilizing a "theory-a-day" approach, this text cuts across content areas and clusters related theories, making them easier for readers to process and apply to real-life situations. Communication Theories for Everyday Life also addresses theories in emerging areas and growing fields, such as media research, organizational communication, and computer-mediated communication, while still featuring the (...) traditional theories that always have defined the field. Features: Contextualizes theory with an introductory chapter in each of the main content areas that introduces the theories and research in the field, showing students how the theories developed. Features new theories and subject areas not present in most traditional communication theory textbooks, including new interactive technologies, feminist scholarship, British cultural studies, semiotics, postmodernism, and critical race theory. Emphasizes the application of some theories across many subject areas through headings in the form of questions that encourage students to process material and explore for themselves how theories and content apply to their lives. Uses case-study chapters that demonstrate to students how each subject area would use theory to solve or understand issues in everyday life. Reviews theories for the three main genres of communication - communication studies, mass communication, and public relations - with balanced coverage, examining the unique contributions each area has made to the field of communication as a whole. Page 1 of 1. (shrink)

When we mathematically model natural phenomena, there is an assumption concerning how the mathematics relates to the actual phenomenon in question. This assumption is that mathematics represents the world by “mapping on” to it. I argue that this assumption of mapping, or correspondence between mathematics and natural phenomena, breaks down when we ignore the fine grain of our physical concepts. I show that this is a source of trouble for the mapping account of applied mathematics, using the case of Prandtl’s (...) Boundary Layer solution to the Navier-Stokes equations. (shrink)

In this article I discuss a number of issues raised by Professor Jules Coleman's recent article "Beyond the Separability Thesis." I suggest, to begin, that Coleman is correct that neither a narrow nor a broad formulation of the separability thesis takes us very far towards a robust distinction between legal positivism and legal non-positivism. I then offer a brief discussion of methodology in jurisprudence, suggesting that Coleman accepts, at least implicitly, what I call a "methodology of necessary features." Since there (...) is reason to think that law possesses some necessary features that are non-normative (or descriptive) and others that are moral in character, the promise of this pluralistic approach is that it will be capable of bridging the gap between so-called "descriptive" and "normative" theories of methodology in jurisprudence. Since the distinction between descriptive and normative methodological theories is sometimes taken to be one way, among others, of drawing a distinction between positivist and non-positivist theories of law, the pluralism of the "methodology of necessary features" gives us yet one more reason to think that the distinction between positivism and non-positivism is not a theoretically fundamental one. Finally, I discuss Coleman's "moral semantics claim," i.e., the idea that "legal content is best understood as moral directives about what is to be done and who is to decide what is to be done." Coleman acknowledges that the moral semantics claim, when taken together with the social facts thesis, raises a well-known problem: How can social facts create content-independent reasons for action? I suggest that we are most likely to find the answer to this question by focusing directly on whether or not law's claimed moral authority—meaning its claimed moral power—can be justified, rather than by focusing indirectly, as many theorists have done, on the existence or non-existence of a general obligation to obey the law. (shrink)

As a leading measure of journal quality, acceptance rates of journals can influence faculty recruitment, salary, tenure and promotion decisions; subscription decisions; and authors’ intention to submit manuscripts. Recent literature from both the Communication and Hospitality Management disciplines suggests that there are wide differences in the formulas used by editors to calculate acceptance rates. Because differing methods of acceptance rate calculation potentially impact significant decisions, a universally accepted and applied standard could be developed. A normative standard, grounded in a specific (...) core ethical principle, is generally preferable to a nonfoundational approach. Two primary approaches to the study of ethics have prevailed through time, teleological ethics with a focus on consequences as represented by Mill’s Utilitarian ideals and deontological ethics with a focus on duty as represented by Kant’s Categorical Imperative. This analysis applies these two ethical frameworks, utility and duty, to the journal editors’ dilemma of finding a common, normative method to calculate acceptance rates. (shrink)