What Is Legal Philosophy?

This article delineates some of the main issues that are debated by philosophers of law. It explores the connections between legal philosophy and other areas of philosophy, while also seeking to specify the distinctiveness of many of the concerns that have preoccupied philosophers of law. It illustrates its abstract points with examples focused on the separability of law and morality, the nature of the rule of law, the nature of rights, justifications for the imposition of punishment, and the identification of basic legal entitlements.     

Children’s rights and the non-identity problem

Abstract

Can appealing to children’s rights help to solve the non-identity problem in cases of procreation? A number of philosophers have answered affirmatively, arguing that even if children cannot be harmed by being born into disadvantaged conditions, they may nevertheless be wronged if those conditions fail to meet a minimal standard of decency to which all children are putatively entitled. This paper defends the tenability of this view by outlining and responding to five prominent objections that have been raised against it in the contemporary literature: (1) the identifiability objection; (2) the non-existence objection; (3) the waiving of rights objection, (4) the lack of legitimate complaint objection; and (5) the unfairness objection.     

Correlates of youth sport attrition: A review and future directions

ObjectivesThis review aims to (a) identify correlates of youth sport attrition, (b) frame correlates within a multilevel model of youth sport participation (i.e., biological, intra-personal, inter-personal, institutional, community, and policy levels), and (c) assess the level of evidence for each correlate.DesignReview paper.MethodsSystematic review method.ResultsEntering relevant search terms into PubMed, PsycINFO, SPORTDiscus and Web of Knowledge databases identified 23 articles with a total of 8345 participants. Satisfactory articles largely examined sport-specific attrition and sampled youth from western countries (e.g., Canada, France, Spain, United States). Of the 141 correlates examined, most were framed at the intrapersonal (90) and inter-personal levels (43). The level of evidence for each correlate (i.e., high, low, insufficient) was systematically assessed based on the quantity and quality of supporting articles. In total, 11 correlates were categorized as having a high quality level of evidence and 10 as having a low quality. High quality correlates included, among others, age, autonomy, perceived competence, relatedness, and task climate.ConclusionsOverall, established correlates of youth sport attrition are largely social in nature. Future directions surrounding (a) the need to examine correlates at lower (i.e., biological level) and higher (i.e., institutional, community, policy) analytic levels, (b) to sample participants from more culturally diverse societies and (c) to examine sport-general attrition are offered.     

公众政治参与和地方政府信任的关系:一个有调节的中介模型

研究聚焦政府宣传教育,考察公众政治参与和地方政府信任的关系。对2061名有效被试进行问卷调查并分析。结果发现:(1)政治参与显著正向预测地方政府信任;(2)活动有用性评价在政治参与和地方政府信任间起部分中介作用;(3)宣传教育频率负向调节政治参与和有用性评价的关系以及有用性评价的中介效应。上述结果表明,多渠道提升公众政治参与意识,合理把握政府宣传教育频率是促进地方政府信任提高的可选策略。     

For the greater goods? Ownership rights and utilitarian moral judgment

People often judge it unacceptable to directly harm a person, even when this is necessary to produce an overall positive outcome, such as saving five other lives. We demonstrate that similar judgments arise when people consider damage to owned objects. In two experiments, participants considered dilemmas where saving five inanimate objects required destroying one. Participants judged this unacceptable when it required violating another’s ownership rights, but not otherwise. They also judged that sacrificing another’s object was less acceptable as a means than as a side-effect; judgments did not depend on whether property damage involved personal force. These findings inform theories of moral decision-making. They show that utilitarian judgment can be decreased without physical harm to persons, and without personal force. The findings also show that the distinction between means and side-effects influences the acceptability of damaging objects, and that ownership impacts utilitarian moral judgment.     

Changing American Congregations: Findings from the Third Wave of the National Congregations Study

The third wave of the National Congregations Study (NCS‐III) was conducted in 2012. The 2012 General Social Survey asked respondents who attend religious services to name their religious congregation, producing a nationally representative cross‐section of congregations from across the religious spectrum. Data about these congregations were collected via a 50‐minute interview with one key informant from 1,331 congregations. Information was gathered about multiple aspects of congregations’ social composition, structure, activities, and programming. Approximately two‐thirds of the NCS‐III questionnaire replicates items from 1998 or 2006–2007 NCS waves. Each congregation was geocoded, and selected data from the 2010 U.S. Census or American Community Survey have been appended. We describe NCS‐III methodology and use the cumulative NCS dataset (containing 4,071 cases) to describe five trends: more ethnic diversity, greater acceptance of gays and lesbians, increasingly informal worship styles, declining size (but not from the perspective of the average attendee), and declining denominational affiliation.     

Children’s effortful control and academic achievement: do relational peer victimization and classroom participation operate as mediators?

Given that early academic achievement is related to numerous developmental outcomes, understanding processes that promote early success in school is important. This study was designed to clarify how students’ (N = 291; M age in fall of kindergarten = 5.66 years, SD = 0.39 year) effortful control, relational peer victimization, and classroom participation relate to achievement, as students progress from kindergarten to first grade. Effortful control and achievement were assessed in kindergarten, classroom participation and relational peer victimization were assessed in the fall of first grade, and achievement was reassessed in the spring of first grade. Classroom participation, but not relational peer victimization, mediated relations between effortful control and first grade standardized and teacher-rated achievement, controlling for kindergarten achievement. Findings suggest that aspects of classroom participation, such as the ability to work independently, may be useful targets of intervention for enhancing academic achievement in young children.     

Advocacy in the study of religion\s

Abstract

This article introduces a thematic issue on advocacy in the study of religion\s. It reflects on some issues relating to instances of advocacy in the study of religion\s such as the importance of personal relationships, intervention on behalf of marginal and controversial religions, forms of and audiences for advocacy, its legitimation, and its relations to scholarly identity and the academy.     

Three years after Tunisia: thoughts and perspectives on the rights to freedom of assembly and association from United Nations Special Rapporteur Maina Kiai

Roughly three years after the creation of his mandate, United Nations Special Rapporteur Maina Kiai reflects on the global state of assembly and association rights. Although the mandate was created against the backdrop of shrinking space for civil society, a massive and growing global protest movement has grabbed most of the headlines since 2011. Kiai argues that the mandate has made a measurable impact – it has helped raise awareness of repressive NGO laws, provided technical assistance to governments to strengthen assembly and association rights and developed soft law. But perhaps, the most important work of the mandate has been its contribution to a better understanding of just how important the rights to freedom of peaceful assembly and association are. Assembly and association rights are a powerful tool to promote dialog, pluralism, broadmindedness, tolerance and civic participation; they satisfy people's fundamental desire to take control of their own destinies. And if anything, the past few years have taught us that the worst turmoil comes when this desire is suppressed. When people are denied something so fundamental, rage inevitably follows. When people have no outlet for that rage, it can ultimately manifest itself as something much more chaotic than a street protest.     

A sufficiently political orthodox conception of human rights

The traditional conception of human rights, or the orthodox conception (OC), has, over the last few years, been vigorously challenged by the political conception (PC) of human rights. I have two main aims in this paper: the first is to articulate and evaluate the main points of disagreement between the OC and the PC in order to provide a clearer picture of what is at stake in the debate. The second is to argue that the OC has the resources to respond to the PC's most challenging criticism; namely that it is not sufficiently political.