The role of human dignity in gay rights adjudication and legislation: A comparative perspective

A small but growing area of public administration scholarship appreciates the influence of religious values on various aspects of government. This appreciation parallels a growing interest in comparative public administration and indigenized forms of government which recognizes the role of culture in different approaches to government. This article is at the crossroads of these two trends while also considering a very salient region, the Islamic world. The Islamic world is uniquely religious, which makes this discussion even more relevant, as the nations that represent them strive towards legitimacy and stability. The history and core values of Islam need to be considered as they pertain to systems of government that are widely accepted by the people. In essence, this is being done in many countries across the Islamic world, providing fertile grounds for public administration research from a comparative perspective. This paper explores these possibilities for future research on this topic.

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Injecting Knowledge

10.1093/oso/9780198736189.003.0008 ◽

2017 ◽

Author(s):

Lucia Dacome

Keyword(s):

Eighteenth Century ◽

Blood Vessels ◽

Comparative Perspective ◽

Anatomical Models ◽

Early Stages ◽

The Creation ◽

Cabinet Of Curiosities

Chapter 7 furthers the analysis of the role of anatomical models as cultural currencies capable of transferring value. It does so by expanding the investigation of the early stages of anatomical modelling to include a new setting. In particular, it follows the journey of the Palermitan anatomist and modeller Giuseppe Salerno and his anatomical ‘skeleton’—a specimen that represented the body’s complex web of blood vessels and was presented as the result of anatomical injections. Although Salerno was headed towards Bologna, a major centre of anatomical modelling, he ended his journey in Naples after the nobleman Raimondo di Sangro purchased the skeleton for his own cabinet of curiosities. This chapter considers the creation and viewing of an anatomical display in di Sangro’s Neapolitan Palace from a comparative perspective that highlights how geography and locality played an important part in shaping the culture of mid-eighteenth-century anatomical modelling.

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Human Dignity in Adjudication: The Limits of Placeholding and Essential Contestability Accounts

Canadian Journal of Law & Jurisprudence ◽

10.1017/s084182090000638x ◽

2014 ◽

Vol 27 (2) ◽

pp. 329-356 ◽

Cited By ~ 1

Author(s):

Pritam Baruah

Keyword(s):

Human Dignity ◽

Moral Values ◽

Judicial Decisions ◽

Philosophical Basis ◽

Essentially Contested Concepts ◽

Peculiar Nature

Employing moral values as justifications in judicial decisions has been controversial. At present, there is increasing controversy over the application of human dignity. Contemporary debates on the role of dignity in law and adjudication are heavily influenced by Christopher McCrudden’s account of dignity as a placeholder, and much thinking on the contested nature of values is influenced by WB Gallie’s idea of Essentially Contested Concepts. In this paper I argue that both these accounts have limited explanatory and normative potential. McCrudden’s account is illuminating in terms of the role of dignity in the UDHR, but weak in terms of explaining why employing dignity in adjudication yields diverging conclusions, and why dignity should be understood to be a placeholder. His reliance on Gallie’s idea of Essentially Contested Concepts is also misplaced. Gallie’s views often serve as a philosophical basis for understanding the contested nature of values generally. I argue that his account is an external-descriptive one, which cannot explain why persistent disagreement ensues because of the peculiar nature of some concepts. Neither does it point out any property of essential contestability that is unique to some concepts. Thinking on how values such as dignity can figure as justifications for decisions, therefore, must explore other alternatives.

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Cognitive development in comparative perspective: Exploring the role of language acquisition in spatial, quantitative, and memory development.

APA handbook of comparative psychology: Basic concepts, methods, neural substrate, and behavior. ◽

10.1037/0000011-020 ◽

2017 ◽

pp. 403-425

Author(s):

Nora S. Newcombe

Keyword(s):

Cognitive Development ◽

Language Acquisition ◽

Comparative Perspective ◽

Memory Development

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Capital Punishment

Comparative Human Rights Law ◽

10.1093/oso/9780199689408.003.0006 ◽

2018 ◽

pp. 153-186

Author(s):

Sandra Fredman

Keyword(s):

Death Penalty ◽

Capital Punishment ◽

Human Dignity ◽

Original Intent ◽

Living Tree ◽

Legislative Power ◽

Fair Procedure ◽

The Cross

This chapter applies the cross-cutting themes in Chapters 1–5 to the highly contested issue of the death penalty. It begins by considering the differences in constitutional texts, and particularly the ambiguity as to whether the death penalty is permitted. This requires judges to apply their interpretive theories. Original intent, natural meaning, and living tree approaches have all been relied on to achieve a mosaic of different and vehemently contested approaches. The chapter then considers how courts in different jurisdictions have addressed three main issues: whether a fair procedure can be found which justifies the death penalty; whether there are good penological justifications; and the role of substantive values, such as human dignity. The chapter highlights the ways in which courts approach the demarcation between judicial and legislative power; their use of comparative materials; and the increasing interconnectedness of the approach of different jurisdictions to the death penalty.

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How and Where Does Populism Thrive?

Populism and Liberal Democracy ◽

10.1093/oso/9780198837886.003.0004 ◽

2019 ◽

pp. 133-188

Author(s):

Takis S. Pappas

Keyword(s):

Latin America ◽

Comparative Perspective ◽

Social Unit ◽

Empirical Examination ◽

The People ◽

Postwar Europe

Chapter 4 answers the question: How, and where, does populism rise to power? through an empirical examination of the concepts and theories established in earlier chapters It begins with an elaborate analysis of the most important cases of populist emergence in postwar Europe and Latin America (including, in order of historical appearance, Argentina, Greece, Peru, Italy, Venezuela, Ecuador, and Hungary) and continues, in counterfactual fashion, with two nation cases, Brazil and Spain, in which populism could have grown strong, but did not. This is followed by an analysis of modern U.S. populism in a comparative perspective. American populism, in particular, offers several insights, especially into the role of extraordinary radical leadership and the complexities of dealing with the “people” as an ostensibly homogeneous social unit in an otherwise heterogeneous society.

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