An Exceptional Law

Author : Dennis G. Molinaro
Publisher : University of Toronto Press
Page : 352 pages
File Size : 47,6 Mb
Release : 2017-05-08
Category : History
ISBN : 9781442629608

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An Exceptional Law by Dennis G. Molinaro Pdf

During periods of intense conflict, either at home or abroad, governments enact emergency powers in order to exercise greater control over the society that they govern. The expectation though is that once the conflict is over, these emergency powers will be lifted. An Exceptional Law showcases how the emergency law used to repress labour activism during the First World War became normalized with the creation of Section 98 of the Criminal Code, following the Winnipeg General Strike. Dennis G. Molinaro argues that the institutionalization of emergency law became intricately tied to constructing a national identity. Following a mass deportation campaign in the 1930s, Section 98 was repealed in 1936 and contributed to the formation of Canada’s first civil rights movement. Portions of it were used during the October Crisis and recently in the Anti-Terrorism Act of 2015. Building on the theoretical framework of Agamben, Molinaro advances our understanding of security as ideology and reveals the intricate and codependent relationship between state-formation, the construction of liberal society, and exclusionary practices.

Author : Dennis G. Molinaro
Publisher : Unknown
Page : 325 pages
File Size : 47,5 Mb
Release : 2017
Category : War and emergency legislation
ISBN : 1442629592

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An Exceptional Law by Dennis G. Molinaro Pdf

An Exceptional Law showcases how the emergency law used to repress labour activism during the First World War became normalized with the creation of Section 98 of the Criminal Code, following the Winnipeg General Strike.

Author : Cosmin Cercel,Gian Giacomo Fusco,Simon Lavis
Publisher : Routledge
Page : 218 pages
File Size : 55,7 Mb
Release : 2022-02-24
Category : Electronic
ISBN : 0367529068

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States of Exception by Cosmin Cercel,Gian Giacomo Fusco,Simon Lavis Pdf

This book addresses the relevance of the state of exception for the analysis of law, while reflecting on the deeper symbolic and jurisprudential significance of the coalescence between law and force. The concept of the state of exception has become a central topos in political and legal philosophy as well as in critical theory. The theoretical apparatus of the state of exception sharply captures the uneasy relationship between law, life and politics in the contemporary global setting, while also challenging the comforting narratives that uncritically connect democracy with the tradition of the rule of law. Drawing on critical legal theory, continental jurisprudence, political philosophy and history, this book explores the genealogy of the concept of the state of exception and reflects on its legal embodiment in past and present contexts - including Weimar and Nazi Germany, contemporary Europe and Turkey. In doing so, it explores the disruptive force of the exception for legal and political thought, as it recuperates its contemporary critical potential. The book will be of interest to students and scholars in the field of jurisprudence, philosophy and critical legal theory.

Author : William E. Scheuerman
Publisher : MIT Press
Page : 348 pages
File Size : 53,5 Mb
Release : 1997-01-22
Category : Philosophy
ISBN : 0262691965

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Between the Norm and the Exception by William E. Scheuerman Pdf

Winner, 1996 Elaine and David Spitz Book Prize for the best book onliberal and democratic theory, Conference for the Study of Political Thought. Winner, 1994 First Book Prize, Foundations of Political Thought Organized Section, American Political Science Association. Between the Norm and the Exception contributes historical insight to the ongoing debate over the future of the rule of law in welfare-state capitalist democracies. The core issue is whether or not society can offer its citizens welfare-state guarantees and still preserve the liberal vision of a norm-based legal system. Franz Neumann and Otto Kirchheimer, in an age dominated by Hitler and Stalin, sought to establish a sound theoretical basis for the "rule of law" ideal. As an outcome of their sophisticated understanding of the liberal political tradition, their writings suggest a theoretical missed opportunity, an alternative critical theory that might usefully be applied in understanding (and perhaps countering) the contemporary trend toward the deformalization of law.

Author : Anna-Lena Svensson-McCarthy
Publisher : BRILL
Page : 808 pages
File Size : 44,9 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004479319

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The International Law of Human Rights and States of Exception by Anna-Lena Svensson-McCarthy Pdf

This study demonstrates the extensive protection that international law provides to human rights even in the most serious of emergencies when they are particularly vulnerable. Based on a meticulous analysis of preparatory works and practice under the International Covenant on Civil and Political Rights, as well as the American and European Conventions on Human Rights, and with a special chapter on the International Labour Organisation's approach to international labour standards and emergencies, this book shows that respect for the rule of law and the concept of a democratic society are controlling parameters in any valid limitation on the enjoyment of human rights. It further shows that respect for human rights and the operation of institutions such as the Legislature and Judiciary are crucial to enabling societies to address and eventually remedy the root causes of emergency situations. The study recommends possible directions for the development of case law and suggests some practical means to help ensure that international legal requirements are in fact respected in emergencies.

Author : Sabine Jacques
Publisher : Oxford University Press
Page : 280 pages
File Size : 43,7 Mb
Release : 2019-03-07
Category : Law
ISBN : 9780192529985

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The Parody Exception in Copyright Law by Sabine Jacques Pdf

Parodies have been created throughout times and cultures. A glimpse at the general judicial latitude generally afforded to parodies, satires, caricatures, and pastiches demonstrates the social and cultural value of this particular form of artistic expression. With the advent of technologies and the evolution of copyright legislation, creative endeavours in the form of parody gathered a new youth but became unlawful. While copyright law grants exclusive rights to right-holders, this right is not absolute. Legislation includes specific exceptions, which preclude right-holders from exercising their prerogatives in particular cases which foster creativity and cultural diversity within that society. The parody exception pertains to this ultimate objective by permitting users to reproduce copyright-protected materials for the purpose of parody. To understand the meaning and scope of the parody exception, this book examines and compares five jurisdictions which differ in their protection of parodies: France, Australia, Canada, the US and the United Kingdom. This book is concerned with finding an appropriate balance between the protection awarded to right-holders and the public interest. This is achieved by analysing the parody exception to the economic rights of right-holders, the preservation of moral rights and the interaction of the parody exception with contract law. As parodies constitute an artistic expression protected under the right to freedom of expression, this book also considers the influence of freedom of expression on the interpretation of this specific copyright exception. Furthermore, this book aims at providing guidance on how to resolve conflicts where fundamental rights are in conflict. This is the first book in English to offer an in-depth investigation into the parody exception in copyright law, and comments on industry practices linked to this form of creative endeavours.

Author : Richard Albert,Yaniv Roznai
Publisher : Springer Nature
Page : 445 pages
File Size : 49,7 Mb
Release : 2020-09-24
Category : Law
ISBN : 9783030490003

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Constitutionalism Under Extreme Conditions by Richard Albert,Yaniv Roznai Pdf

This book examines the problem of constitutional change in times of crisis. Divided into five main parts, it both explores and interrogates how public law manages change in periods of extraordinary pressure on the constitution. In Part I, “Emergency, Exception and Normalcy,” the contributors discuss the practices and methods that could be used to help legitimize the use of emergency powers without compromising the constitutional principles that were created during a period of normalcy. In Part II, “Terrorism and Warfare,” the contributors assess how constitutions are interpreted during times of war, focusing on the tension between individual rights and safety. Part III, “Public Health, Financial and Economic Crises,” considers how constitutions change in response to crises that are neither political in the conventional sense nor violent, which also complicates how we evaluate constitutional resilience in times of stress. Part IV, “Constitutionalism for Divided Societies,” then investigates the pressure on constitutions designed to govern diverse, multi-national populations, and how constitutional structures can facilitate stability and balance in these states. Part V, titled “Constitution-Making and Constitutional Change,” highlights how constitutions are transformed or created anew during periods of tension. The book concludes with a rich contextual discussion of the pressing challenges facing constitutions in moments of extreme pressure. Chapter “Public Health Emergencies and Constitutionalism Before COVID-19: Between the National and the International” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Author : Giorgio Agamben
Publisher : University of Chicago Press
Page : 108 pages
File Size : 41,8 Mb
Release : 2008-07-18
Category : Philosophy
ISBN : 9780226009261

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State of Exception by Giorgio Agamben Pdf

Two months after the attacks of 9/11, the Bush administration, in the midst of what it perceived to be a state of emergency, authorized the indefinite detention of noncitizens suspected of terrorist activities and their subsequent trials by a military commission. Here, distinguished Italian philosopher Giorgio Agamben uses such circumstances to argue that this unusual extension of power, or "state of exception," has historically been an underexamined and powerful strategy that has the potential to transform democracies into totalitarian states. The sequel to Agamben's Homo Sacer: Sovereign Power and Bare Life, State of Exception is the first book to theorize the state of exception in historical and philosophical context. In Agamben's view, the majority of legal scholars and policymakers in Europe as well as the United States have wrongly rejected the necessity of such a theory, claiming instead that the state of exception is a pragmatic question. Agamben argues here that the state of exception, which was meant to be a provisional measure, became in the course of the twentieth century a normal paradigm of government. Writing nothing less than the history of the state of exception in its various national contexts throughout Western Europe and the United States, Agamben uses the work of Carl Schmitt as a foil for his reflections as well as that of Derrida, Benjamin, and Arendt. In this highly topical book, Agamben ultimately arrives at original ideas about the future of democracy and casts a new light on the hidden relationship that ties law to violence.

Author : Zena Prodromou
Publisher : Kluwer Law International B.V.
Page : 313 pages
File Size : 55,5 Mb
Release : 2020-08-12
Category : Law
ISBN : 9789403520018

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The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes by Zena Prodromou Pdf

In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.

Author : Mugambi Jouet
Publisher : Univ of California Press
Page : 358 pages
File Size : 46,7 Mb
Release : 2017-04-03
Category : Social Science
ISBN : 9780520966468

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Exceptional America by Mugambi Jouet Pdf

Why did Donald Trump follow Barack Obama into the White House? Why is America so polarized? And how does American exceptionalism explain these social changes? In this provocative book, Mugambi Jouet describes why Americans are far more divided than other Westerners over basic issues, including wealth inequality, health care, climate change, evolution, gender roles, abortion, gay rights, sex, gun control, mass incarceration, the death penalty, torture, human rights, and war. Raised in Paris by a French mother and Kenyan father, Jouet then lived in the Bible Belt, Manhattan, and beyond. Drawing inspiration from Alexis de Tocqueville, he wields his multicultural sensibility to parse how the intense polarization of U.S. conservatives and liberals has become a key dimension of American exceptionalism—an idea widely misunderstood as American superiority. While exceptionalism once was a source of strength, it may now spell decline, as unique features of U.S. history, politics, law, culture, religion, and race relations foster grave conflicts. They also shed light on the intriguing ideological evolution of American conservatism, which long predated Trumpism. Anti-intellectualism, conspiracy-mongering, a visceral suspicion of government, and Christian fundamentalism are far more common in America than the rest of the Western world—Europe, Canada, Australia, and New Zealand. Exceptional America dissects the American soul, in all of its peculiar, clashing, and striking manifestations.

Author : Lyombe S. Eko
Publisher : Lexington Books
Page : 301 pages
File Size : 40,5 Mb
Release : 2013-07-10
Category : Language Arts & Disciplines
ISBN : 9780739181133

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American Exceptionalism, the French Exception, and Digital Media Law by Lyombe S. Eko Pdf

This volume explores and explains sameness and difference between the United States and France in the matters of freedom of expression on the Internet, the management of the tensions that arise between freedom of expression and the right of privacy of public figures, the comparative role of interest groups in the regulation of Internet content in both countries, the intellectual property implications of the digitization and transfer of journalistic works from print to searchable electronic databases, how courts in the United States and France managed the copyright issues that were triggered by the Google Book Search project, as well as the clash between intellectual property rights and freedom of expression in the area of parody or “gripe” web sites on the Internet. The volume presents American exceptionalism and the French exception as functionally equivalent logics that lead to different freedom of expression outcomes. This book makes a significant contribution to comparative communication law studies, an area that has not received serious academic interest.

Author : Donald Beecher,Travis DeCook,Andrew Wallace,Grant Williams
Publisher : University of Toronto Press
Page : 326 pages
File Size : 41,7 Mb
Release : 2024-05-19
Category : Electronic
ISBN : 9781442642010

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Taking Exception to the Law by Donald Beecher,Travis DeCook,Andrew Wallace,Grant Williams Pdf

Author : Nasser Hussain
Publisher : University of Michigan Press
Page : 211 pages
File Size : 40,9 Mb
Release : 2019-08-02
Category : History
ISBN : 9780472037537

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The Jurisprudence of Emergency by Nasser Hussain Pdf

The Jurisprudence of Emergency examines British rule in India from the late eighteenth to the early twentieth century, tracing tensions between the ideology of liberty and government by law used to justify the colonizing power's insistence on a regime of conquest. Nasser Hussain argues that the interaction of these competing ideologies exemplifies a conflict central to all Western legal systems—between the universal, rational operation of law on the one hand and the absolute sovereignty of the state on the other. The author uses an impressive array of historical evidence to demonstrate how questions of law and emergency shaped colonial rule, which in turn affected the development of Western legality. The pathbreaking insights developed in The Jurisprudence of Emergency reevaluate the place of colonialism in modern law by depicting the colonies as influential agents in the interpretation of Western ideas and practices. Hussain's interdisciplinary approach and subtly shaded revelations will be of interest to historians as well as scholars of legal and political theory.

Author : Johan Van Der Walt
Publisher : Taylor & Francis
Page : 270 pages
File Size : 40,6 Mb
Release : 2022-07-20
Category : Law
ISBN : 9781000603897

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The Literary Exception and the Rule of Law by Johan Van Der Walt Pdf

Addressing the influential analysis of law and literature, this book offers a new perspective on their relationship. The law and literature movement that has gained global prominence in the course of last decades of the twentieth and the first decades of the twenty-first centuries has provided the research and teaching of law with a considerable body of new and valuable knowledge and understanding. Most of the knowledge and insights generated by the movement concern either a thematic overlap between legal and literary discourses – suggesting they deal with the same moral concerns – or a rhetorical, semiotic or general linguistic comparability or ‘sameness’ between them – imputing to both the same or very similar narrative structures. The Literary Exception and the Rule of Law recognises the wealth of knowledge generated by this approach to the relationship between law and literature, and acknowledges its debt to this genre of scholarship. It nevertheless also proposes, on the basis of a number of revealing phenomenological inquiries, a different approach to law and literary studies: one that emphasises the irreducible difference between law and literature. It does so with the firm believe that a regard for the very different and indeed opposite discursive trajectories of legal and literary language allows for a more profound understanding of the unique and indeed separate roles that the discourses of law and literature generally play in the sustenance of relatively stable legal cultures. This important rethinking of the relationship between law and literature will appeal to scholars and students of legal theory, jurisprudence, philosophy, politics and literary theory.

Author : Amuh
Publisher : Amuh
Page : 129 pages
File Size : 55,9 Mb
Release : 2024-01-01
Category : Antiques & Collectibles
ISBN : 8210379456XXX

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The Law of Exception by Amuh Pdf

The law of exception is a law that reveals an object that has different and special characteristics from other objects in a group. The number of objects that become exceptions varies quite a lot and is usually less than the other objects. In this book, objects that are exceptions are generally divided into two types, namely one or a few. The laws of exception is arranged formulacally and arranged systematically by using a simple formula arrangement. From this arrangement, the law of exception creates a concept to seek and find an object that has different and special characteristics from other objects that have relationships between one with anothers in a group. After that, it is explained where the different and special characteristics lie. So that these different objects provide their own uniqueness from other objects. The law of exception is a universal law in general. This is done to uncover a number of phenomena that often occur in natural and social life. This is intended to focus on objects that have different and special characteristics and become exception from other objects in a group. In this discussion, the description of each chapter reveals an exception object of the other objects in several parts of the verse in the Quran, the relationship between God and the creature, the history of several figures known by the community, Qibla and prayer, uniqueness of the calendar, organization, the uniqueness of numbers, soccer, solar systems, and recognize vulnerable past history to the future of relations between China and Taiwan.