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Just how governments might try to enforce a principle of nondiscrimination in fields as fast-moving as Internet search, online commerce and smartphones will be challenging.
Activation strategies were primarily developed for people receiving an income-replacement benefit, to enforce a principle of "mutual obligation" and contain the risks of benefit dependency, loss of human capital among the long-term unemployed and, ultimately, higher public spending on labour market and social policies.
At the same time, increasing reliance on the criminal justice system to enforce a principle of near universal disclosure of HIV-positive status, even when transmission is unlikely, presses HIV-positive people into an untenable double bind: they must place themselves into the risky position of heightening the possibility of rejection, stigmatization, and prosecution.
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Instead, the NCAA enforces a principle of amateurism that levies penalties against member colleges that provide athletes with benefits beyond an NCAA permitted amount.
At any rate, one key test of this proposition is whether or not individuals would be morally entitled to enforce such a principle of distributive justice in the absence of government.
So instead of thousands of pages of regulation, we should enforce a basic principle: Bonuses and bailouts should never mix.
"Conduct was governed by general principles; but to enforce a rule of conduct, it was necessary to find a remedy in a specific writ," Mr. Stevens wrote.
The panel also recommends enforcing a Precautionary Principle, or what all moms have been saying since the beginning of time: better safe than sorry.
These types of "competitive risk management institutions", Smith writes, "evolve to enforce a set of general principles rather than explicitly prescribe permissible behavior".
If the answer is in the affirmative, i.e. individuals have a "natural" right to enforce this principle of distributive justice, then presumably governments have a right to enforce it; after all, as we have seen above, according to liberal democratic theory individuals relinquish to government whatever pre-existing moral rights to enforcement they might have had.
Proponents say they're simply enforcing a core conservative principle — one that's been proven by 33 other states since they first tried.
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