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As far as I can tell, the majority opinion in Citizens United cites exclusively the first, instrumental justification for protecting free speech.
Such indexicality has a pragmatic or instrumental justification, enabling human beings to locate themselves in the temporal series and so to act effectively.
The Mohists' state of nature myth thus provides at least a prima facie instrumental justification of their vision of the state.
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Instrumental Justifications of Popular Rule.
Hertzberg's analysis draws on critical theories of religion, philosophical debates about public reason, deliberative and instrumental justifications of democracy, and democratic virtue theory.
(Tushnet 1984, Frey 1985) Moreover all instrumental justifications rely on empirical predictions concerning which ascriptions of rights would produce which consequences, and there will typically be enough slack in these empirical predictions for instrumental theorists to fudge their derivations in order to reach the desired rights.
But that first justification, being instrumental, raises the question of whether certain forms of political communication are in fact likely to contribute to a vibrant sphere of public political debate.
While the justifications of instrumental rights are always contingent on calculations concerning consequences, status-based rights are anchored firmly in individual dignity.
The Times published a strong editorial headlined "The Torture Apologists," which argued that while there is no "final answer" to whether information gleaned through torture was instrumental, there could be no justification for using such "immoral and illegal" tactics.
But Bird's argument raises the important question whether justification is merely instrumental for progress (Rowbottom, 2008) or necessary for progress (Bird, 2008).
Customarily, the justification of the instrumental problem is based on the existence of a so-called "Constraint Simplification Lemma", or of a "Constraint Reduction Theorem".
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Justyna Jupowicz-Kozak
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