Arbitrary Rule

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Arbitrary Rule

Author : Mary Nyquist
Publisher : University of Chicago Press
Page : 436 pages
File Size : 41,5 Mb
Release : 2013-05-10
Category : Philosophy
ISBN : 9780226015538

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Arbitrary Rule by Mary Nyquist Pdf

Slavery appears as a figurative construct during the English revolution of the mid-seventeenth century, and again in the American and French revolutions, when radicals represent their treatment as a form of political slavery. What, if anything, does figurative, political slavery have to do with transatlantic slavery? In Arbitrary Rule, Mary Nyquist explores connections between political and chattel slavery by excavating the tradition of Western political thought that justifies actively opposing tyranny. She argues that as powerful rhetorical and conceptual constructs, Greco-Roman political liberty and slavery reemerge at the time of early modern Eurocolonial expansion; they help to create racialized “free” national identities and their “unfree” counterparts in non-European nations represented as inhabiting an earlier, privative age. Arbitrary Rule is the first book to tackle political slavery’s discursive complexity, engaging Eurocolonialism, political philosophy, and literary studies, areas of study too often kept apart. Nyquist proceeds through analyses not only of texts that are canonical in political thought—by Aristotle, Cicero, Hobbes, and Locke—but also of literary works by Euripides, Buchanan, Vondel, Montaigne, and Milton, together with a variety of colonialist and political writings, with special emphasis on tracts written during the English revolution. She illustrates how “antityranny discourse,” which originated in democratic Athens, was adopted by republican Rome, and revived in early modern Western Europe, provided members of a “free” community with a means of protesting a threatened reduction of privileges or of consolidating a collective, political identity. Its semantic complexity, however, also enabled it to legitimize racialized enslavement and imperial expansion. Throughout, Nyquist demonstrates how principles relating to political slavery and tyranny are bound up with a Roman jurisprudential doctrine that sanctions the power of life and death held by the slaveholder over slaves and, by extension, the state, its representatives, or its laws over its citizenry.

Arbitrary Rule

Author : Mary Nyquist
Publisher : University of Chicago Press
Page : 436 pages
File Size : 42,6 Mb
Release : 2015-02-24
Category : Law
ISBN : 9780226271798

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Arbitrary Rule by Mary Nyquist Pdf

Slavery appears as a figurative construct during the English revolution of the mid-seventeenth century, and again in the American and French revolutions, when radicals represent their treatment as a form of political slavery. What, if anything, does figurative, political slavery have to do with transatlantic slavery? In Arbitrary Rule, Mary Nyquist explores connections between political and chattel slavery by excavating the tradition of Western political thought that justifies actively opposing tyranny. She argues that as powerful rhetorical and conceptual constructs, Greco-Roman political liberty and slavery reemerge at the time of early modern Eurocolonial expansion; they help to create racialized “free” national identities and their “unfree” counterparts in non-European nations represented as inhabiting an earlier, privative age. Arbitrary Rule is the first book to tackle political slavery’s discursive complexity, engaging Eurocolonialism, political philosophy, and literary studies, areas of study too often kept apart. Nyquist proceeds through analyses not only of texts that are canonical in political thought—by Aristotle, Cicero, Hobbes, and Locke—but also of literary works by Euripides, Buchanan, Vondel, Montaigne, and Milton, together with a variety of colonialist and political writings, with special emphasis on tracts written during the English revolution. She illustrates how “antityranny discourse,” which originated in democratic Athens, was adopted by republican Rome, and revived in early modern Western Europe, provided members of a “free” community with a means of protesting a threatened reduction of privileges or of consolidating a collective, political identity. Its semantic complexity, however, also enabled it to legitimize racialized enslavement and imperial expansion. Throughout, Nyquist demonstrates how principles relating to political slavery and tyranny are bound up with a Roman jurisprudential doctrine that sanctions the power of life and death held by the slaveholder over slaves and, by extension, the state, its representatives, or its laws over its citizenry.

Limiting Arbitrary Power

Author : Marc Ribeiro
Publisher : UBC Press
Page : 220 pages
File Size : 47,6 Mb
Release : 2004
Category : Law
ISBN : 0774810513

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Limiting Arbitrary Power by Marc Ribeiro Pdf

Under the emerging void-for-vagueness doctrine, a law lacking precision can be declared invalid. In this, the first book published on the subject, Marc Ribeiro offers a balanced analysis of this doctrine and its application in the context of the Canadian constitution. Taking as its starting point a cogent analysis of the fundamental concepts of "legality" and the "rule of law," Limiting Arbitrary Power undertakes a specific study of the contents of the vagueness doctrine. Dr. Ribeiro presents an in-depth exploration of the courts' current approach, and suggests how it may be refined in the future. In that regard, he proposes techniques for legislative drafting in which certainty could be enhanced without compromising the flexibility required in law. Acknowledging that to date, the doctrine has yet to be granted an autonomous status for invalidating legislation, he also examines in detail the possible situations in which vagueness may become applicable under the Charter. An important addition to Canadian law libraries, Limiting Arbitrary Power will be eagerly received by legal professionals, legislators, and scholars of constitutional law and legal theory.

Undocumented Immigrants in an Era of Arbitrary Law

Author : Robert F. Barsky
Publisher : Routledge
Page : 201 pages
File Size : 44,5 Mb
Release : 2015-08-11
Category : Law
ISBN : 9781317534334

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Undocumented Immigrants in an Era of Arbitrary Law by Robert F. Barsky Pdf

This book describes the experiences of undocumented migrants, all around the world, bringing to life the challenges they face from the moment they consider leaving their country of origin, until the time they are deported back to it. Drawing on a broad array of academic studies, including law, interpretation and translation studies, border studies, human rights, communication, critical discourse analysis and sociology, Robert Barsky argues that the arrays of actions that are taken against undocumented migrants are often arbitrary, and exercised by an array of officials who can and do exercise considerable discretion, both positive and negative. Employing insights from a decade-long research project, Barsky also finds that every stop along the migrant’s pathway into, and inside of, the host country is strewn with language issues, relating to intercultural communication, interpretation, gossip, hearsay, and the challenges of peddling of linguistic wares in the social discourse marketplace. These language issues are almost always impediments to anodyne or productive interactions with host country officials, particularly on the "front-lines" where migrants encounter border patrol and law enforcement officers without adequate means of communicating their situation or understanding their rights. Since undocumented people are categorized as ‘illegal’, they can be subjected to abuse and exploitation by host country officials, who can choose to either tolerate or punish them on the basis of unpredictable, changeable, and even illusory or "arbitrary" laws and regulations. Citing experts at every level of the undocumented immigrant apparatuses worldwide, from public defenders to interpreters, Barsky concludes that the only viable policy to address prevailing abuses and inequalities is to move towards open borders, an approach that would address prevailing issues and, surprisingly, provide security and economic benefits to both host and home countries.

Arbitrary and Capricious

Author : Gary Elvin Marchant,Kenneth L. Mossman
Publisher : American Enterprise Institute
Page : 112 pages
File Size : 52,6 Mb
Release : 2004
Category : Business & Economics
ISBN : 0844741892

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Arbitrary and Capricious by Gary Elvin Marchant,Kenneth L. Mossman Pdf

This study examines how the European Union has used the precautionary principle in legal decisions.

Law and Morality

Author : David Dyzenhaus,Arthur Ripstein
Publisher : University of Toronto Press
Page : 1086 pages
File Size : 50,6 Mb
Release : 2001-01-01
Category : Philosophy
ISBN : 0802084478

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Law and Morality by David Dyzenhaus,Arthur Ripstein Pdf

Filling a long-standing need for a Canadian textbook in the philosophy of law, this anthology includes articles, readings, and cases in legal philosophy to give students the conceptual tools necessary to consider the general problems of jurisprudence.

Readings in the Philosophy of Law

Author : Keith Culver
Publisher : Broadview Press
Page : 580 pages
File Size : 45,8 Mb
Release : 1999-12-07
Category : Law
ISBN : 1551111799

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Readings in the Philosophy of Law by Keith Culver Pdf

Democracy, Emergency, and Arbitrary Coercion

Author : Nick Sagos
Publisher : BRILL
Page : 235 pages
File Size : 53,5 Mb
Release : 2014-10-30
Category : Philosophy
ISBN : 9789004282575

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Democracy, Emergency, and Arbitrary Coercion by Nick Sagos Pdf

Liberal democracies deal poorly with states of emergency because they underestimate the corrosive effect of arbitrary coercion on established liberal democratic values. Far from protecting the rights of citizens, arbitrary emergency measures undermine citizens’ rights.

Red-winged Blackbirds

Author : Les D. Beletsky,Gordon H. Orians
Publisher : University of Chicago Press
Page : 324 pages
File Size : 45,8 Mb
Release : 1996
Category : Nature
ISBN : 0226041875

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Red-winged Blackbirds by Les D. Beletsky,Gordon H. Orians Pdf

Drawing on detailed data from their sixteen-year study of red-winged blackbirds in the marshes of Washington's Columbia National Wildlife Refuge, Beletsky and Orians analyze the information redwings use to make breeding-season decisions and the consequences these decisions have for lifetime reproductive success. Because male and female redwings make different, and often independent, decisions—males focus on territory acquisition and maintenance, while females must choose when and where to nest and how much energy to invest in reproduction—the authors have taken the novel approach of studying the sexes separately. Using analyses of observational data combined with field experiments and game-theoretical models, the authors provide new insights into the complex patterns of reproductive decision-making and breeding behavior in redwings. This book will be of interest to all who study social animals, including behavioral ecologists, evolutionary biologists, and ornithologists.

Arbitrary States

Author : Rebecca Tapscott
Publisher : Oxford University Press
Page : 249 pages
File Size : 44,7 Mb
Release : 2021
Category : Political Science
ISBN : 9780198856474

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Arbitrary States by Rebecca Tapscott Pdf

In recent years, scholars have noted the rise of a particular type of authoritarianism worldwide, in which rulers manipulate institutions designed to implement the rule of law so that they instead facilitate the exercise of arbitrary power. Even as scholars puzzle over this seemingly new phenomenon, scholarship on African politics offers helpful answers. This book places literature on the post-colonial African state in conversation with literature on modern authoritarianism, using this to frame over ten months of qualitative field research on Uganda's informal security actors - including vigilante groups, local militias, and community police. Based on this research, the book presents an original framework - called 'institutionalized arbitrariness' - to explain how modern authoritarian rulers project arbitrary power even in environments of relatively functional state institutions, checks and balances and the rule of law. In regimes characterized by institutionalized arbitrariness, the state's stochastic assertions and withdrawals of power inject unpredictability into the political relationship between both local authorities and citizens. This arrangement makes it difficult for citizens to predict which authority, if any, will claim jurisdiction in a given scenario, and what rules will apply. This environment of pervasive political unpredictability limits space for collective action and political claim-making, while keeping citizens marginally engaged in the democratic process. The book is grounded in empirical research and literature theorizing the African state, while seeking to inform a broader debate about contemporary forms of authoritarianism, state-building, and state consolidation. Oxford Studies in African Politics and International Relations is a series for scholars and students working on African politics and International Relations and related disciplines. Volumes concentrate on contemporary developments in African political science, political economy, and International Relations, such as electoral politics, democratization, decentralization, gender and political representation, the political impact of natural resources, the dynamics and consequences of conflict, comparative political thought, and the nature of the continent's engagement with the East and West. Comparative and mixed methods work is particularly encouraged, as is interdisciplinary research and work that considers ethical issues relating to the study of Africa. Case studies are welcomed but should demonstrate the broader theoretical and empirical implications of the study and its wider relevance to contemporary debates. The focus of the series is on sub-Saharan Africa, although proposals that explain how the region engages with North Africa and other parts of the world are of interest. Series Editors: Nic Cheeseman, Professor of Democracy and International Development, University of Birmingham; Peace Medie, Senior Lecturer in Gender and International Politics, University of Bristol; and Ricardo Soares de Oliveira, Professor of the International Politics of Africa, University of Oxford. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.

Mohammad Mosaddeq and the 1953 Coup in Iran

Author : Mark J. Gasiorowski,Malcolm Byrne
Publisher : Syracuse University Press
Page : 388 pages
File Size : 51,5 Mb
Release : 2015-02-01
Category : History
ISBN : 9780815630173

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Mohammad Mosaddeq and the 1953 Coup in Iran by Mark J. Gasiorowski,Malcolm Byrne Pdf

Mohammad Mosaddeq is widely regarded as the leading champion of secular democracy and resistance to foreign domination in Iran's modern history. Mosaddeq became prime minister of Iran in May 1951 and promptly nationalized its British-controlled oil industry, initiating a bitter confrontation between Iraq and Britain that increasingly undermined Mossaddeq's position. He was finally overthrown in August 1953 in a coup d'etat that was organized and led by the United States Central Intelligence Agency. This coup initiated a twenty-five-year period of dictatorship in Iran, leaving many Iranians resentful of the U.S. legacies that still haunt relations between the two countries today. Contents include: "Mosaddeq's Government in Iranian History: Arbitrary Rule, Democracy, and the 1953 Coup" - Homa Katouzian; "Unseating Mosaddeq: The Configuration and Role of Domestic Forces" - Fakhreddin Azimi; "The 1953 Coup in Iran and the Legacy of the Tudeh" - Maziar Behrooz; "Great Britain and the Intervention in Iran, 1953" - Wm. Roger Louis; "The International Boycott of Iranian Oil and the Anti-Mossaddeq Coup of 1953" - Mary Ann Heiss; "The Road to Intervention: Factors Influencing U.S. Policy Toward Iran, 1945-1953" - Malcolm Byrne; "The 1953 Coup d'etat Against Mosaddeq" - Mark J. Gasiorowski

The Rule of Law and the Separation of Powers

Author : Richard Bellamy
Publisher : Routledge
Page : 743 pages
File Size : 53,7 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351540698

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The Rule of Law and the Separation of Powers by Richard Bellamy Pdf

The rule of law is frequently invoked in political debate, yet rarely defined with any precision. Some employ it as a synonym for democracy, others for the subordination of the legislature to a written constitution and its judicial guardians. It has been seen as obedience to the duly-recognised government, a form of governing through formal and general rule-like laws and the rule of principle. Given this diversity of view, it is perhaps unsurprising that certain scholars have regarded the concept as no more than a self-congratulatory rhetorical device. This collection of eighteen key essays from jurists, political theorists and public law political scientists, aims to explore the role law plays in the political system. The introduction evaluates their arguments. The first eleven essays identify the standard features associated with the rule of law. These are held to derive less from any characteristics of law per se than from a style of legislating and judging that gives equal consideration to all citizens. The next seven essays then explore how different ways of separating and dispersing power contribute to this democratic style of rule by forcing politicians and judges alike to treat people as equals and regard none as above the law.

The UN Working Group on Arbitrary Detention

Author : Jared Genser
Publisher : Cambridge University Press
Page : 655 pages
File Size : 48,9 Mb
Release : 2019-09-26
Category : Law
ISBN : 9781107034457

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The UN Working Group on Arbitrary Detention by Jared Genser Pdf

This book is a practical guide to freeing political prisoners and provides a comprehensive review of this UN body's 1,200 jurisprudence cases.

Musaddiq and the Struggle for Power in Iran

Author : Homa Katouzian
Publisher : Bloomsbury Publishing
Page : 326 pages
File Size : 44,6 Mb
Release : 1999-12-31
Category : Biography & Autobiography
ISBN : 9780857718129

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Musaddiq and the Struggle for Power in Iran by Homa Katouzian Pdf

Muhammad Musaddiq was the first of the great charismatic anti-colonial campaigners of the post-war world. As Prime Minister of Iran between 1951 and 1953 he nationalised the Anglo-Iranian Oil Company, led the nation's defiant attempt to run its oil industry independently during an economic blockade and attempted to run its oil industry independently during an economic blockade and attempted to strengthen the role of parliament in Iran.

Conceptualising Arbitrary Detention

Author : Carla Ferstman
Publisher : Policy Press
Page : 390 pages
File Size : 41,7 Mb
Release : 2024-05-28
Category : Political Science
ISBN : 9781529222500

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Conceptualising Arbitrary Detention by Carla Ferstman Pdf

Available open access digitally under CC-BY-NC-ND licence This book examines what happens when states and other authorities use detention to abuse their power, deter dissent and maintain social hierarchies. Written by an author with decades of practical experience in the human rights field, the book examines a variety of scenarios where individuals are unlawfully detained in violation of their most basic rights to personal liberty and exposes the many fallacies associated with arbitrary detention. Proposing solutions for future policy to scrutinise processes, this is a call for greater respect for the rule of law and human rights.