In Deference To The Other

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In Deference to the Other

Jim Kanaris,Mark J. Doorley
In Deference to the Other Book PDF

Author : Jim Kanaris,Mark J. Doorley
Publisher : State University of New York Press
Page : 203 pages
File Size : 42,9 Mb
Release : 2012-02-01
Category : Religion
ISBN : 9780791484319

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In Deference to the Other by Jim Kanaris,Mark J. Doorley Pdf

In Deference to the Other brings contemporary continental thought into conversation with that of Bernard Lonergan (1904–1984), the Jesuit philosopher and theologian. This is an opportune moment to open such a dialogue: philosophers and theologians indebted to Lonergan have increasingly found themselves challenged by the insights of thinkers typically dubbed "postmodern," while postmodernists, most notably Jacques Derrida, have begun to ask the "God question." While Lonergan was not a continental philosopher, neither was he an analytic philosopher. Concerned with both epistemology and cognition, his systematic and hermeneutic-like proposals resonate with the concerns of philosophers such as Derrida, Foucault, Levinas, and Kristeva. Contributors to this volume find insight and affiliation between Lonergan's thought and contemporary continental thought in a wide-ranging work that engages the philosophical problems of authenticity, self-appropriation, ethics, and the human subject.

Judging at the Interface

Esmé Shirlow
Judging at the Interface Book PDF

Author : Esmé Shirlow
Publisher : Cambridge University Press
Page : 381 pages
File Size : 54,6 Mb
Release : 2021-02-18
Category : Law
ISBN : 9781108490979

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Judging at the Interface by Esmé Shirlow Pdf

This book investigates how international adjudicators defer to State decision-making authority, and what that reveals about the domestic-international interface.

A Theory of Deference in Administrative Law

Paul Daly
A Theory of Deference in Administrative Law Book PDF

Author : Paul Daly
Publisher : Cambridge University Press
Page : 323 pages
File Size : 49,8 Mb
Release : 2012-06-28
Category : Law
ISBN : 9781107025516

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A Theory of Deference in Administrative Law by Paul Daly Pdf

Paul Daly develops a theory concerning the appropriate allocation of authority between courts and administrative bodies.

Deference

Gary Lawson,Guy I. Seidman
Deference Book PDF

Author : Gary Lawson,Guy I. Seidman
Publisher : Oxford University Press
Page : 280 pages
File Size : 54,7 Mb
Release : 2019-11-11
Category : Law
ISBN : 9780190273415

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Deference by Gary Lawson,Guy I. Seidman Pdf

Deference is perhaps the most important concept and practice in law. It lies at the core of every system of precedent, appellate review, federalism, and separation of powers, all of which center on how one actor should deal with previous decisions. Oddly enough, deference is also one of the most under-analyzed and under-theorized legal concepts and practices, perhaps because its applications are so varied. This book's goal is to provide a definition of deference and a vocabulary for discussing it that can be used to describe, explain, and/or criticize deference in all of its manifestations, including some manifestations that are not always identified by legal actors as instances of deference. This project does not seek to prescribe whether and how any legal system should apply deference in any specific circumstance or to critique any particular deference doctrines. Rather, it aims to bring the concept of deference to the forefront of legal discussion; to identify, catalogue, and analyze at least the chief among its many applications; to set forth the many and varied rationales that can be and have been offered in support of deference in different legal contexts; and thereby to provide a vocabulary and conceptual framework that can be employed in future projects, whether those projects are descriptive or prescriptive.

Political Deference in a Democratic Age

Catherine Marshall
Political Deference in a Democratic Age Book PDF

Author : Catherine Marshall
Publisher : Springer Nature
Page : 359 pages
File Size : 55,6 Mb
Release : 2021-01-13
Category : Science
ISBN : 9783030625399

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Political Deference in a Democratic Age by Catherine Marshall Pdf

This book explores the concept of deference as used by historians and political scientists. Often confused and judged to be outdated, it shows how deference remains central to understanding British politics to the present day. This study aims to make sense of how political deference has functioned in different periods and how it has played a crucial role in legitimising British politics. It shows how deference sustained what are essentially English institutions, those which dominated the Union well into the second half of the twentieth century until the post-1997 constitutional transformations under New Labour. While many dismiss political and institutional deference as having died out, this book argues that a number of recent political decisions – including the vote in favour of Brexit in June 2016 – are the result of a deferential way of thinking that has persisted through the democratic changes of the twentieth century. Combining close readings of theoretical texts with analyses of specific legal changes and historical events, the book charts the development of deference from the eighteenth century through to the present day. Rather than offering a comprehensive history of deference, it picks out key moments that show the changing nature of deference, both as a concept and as a political force.

Biosociology of Dominance and Deference

Allan Mazur
Biosociology of Dominance and Deference Book PDF

Author : Allan Mazur
Publisher : Rowman & Littlefield Publishers
Page : 212 pages
File Size : 43,6 Mb
Release : 2005-08-31
Category : Social Science
ISBN : 9780742568600

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Biosociology of Dominance and Deference by Allan Mazur Pdf

Biology_perhaps the most exciting science of the last half-century_is reaching into scholarly disciplines throughout academia, yet sociology has barely entertained it. The reasons for hesitation are clear enough. Sociobiology and ethology have been unappealing to sociologists because they explain human behavior the same way they explain the behavior of social insects, fish, and birds; often evoking images of sexism and Social Darwinism, both anathemas to modern sociologists. Nonetheless, sociologists do show growing interest in biology and what it can contribute to their discipline. In this short, engaging volume Allan Mazur develops new and sociologically sophisticated concepts to bring these fields together. His book is about the social biology of face-to-face dominance interactions and it explores the evolution of behavior through connections among biology, language, culture, and socialization. Topics include comparative primate behavior, physiological and brain mechanisms underlying status processes, and the relevance of the body surface (face, physique, gestures) to status allocation. The book is meant to be a self-contained exploration_sociologists would require no prior knowledge of biology; biologists would require no prior knowledge of sociology_and a fun, informative supplement for courses throughout sociology and the social sciences.

Constitutional Deference, Courts and Socio-economic Rights in South Africa

Kirsty McLean
Constitutional Deference Courts and Socio economic Rights in South Africa Book PDF

Author : Kirsty McLean
Publisher : PULP
Page : 255 pages
File Size : 43,9 Mb
Release : 2009
Category : Civil rights
ISBN : 9780981412481

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Constitutional Deference, Courts and Socio-economic Rights in South Africa by Kirsty McLean Pdf

Constitutional Deference, Courts and Socio-Economic Rights in South Africaby Kirsty McLean2009ISBN: 978-0-9814124-8-1Pages: viii 246Print version: AvailableElectronic version: Free PDF available.

Judicial Deference in International Adjudication

Johannes Hendrik Fahner
Judicial Deference in International Adjudication Book PDF

Author : Johannes Hendrik Fahner
Publisher : Bloomsbury Publishing
Page : 318 pages
File Size : 53,9 Mb
Release : 2020-08-06
Category : Law
ISBN : 9781509932290

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Judicial Deference in International Adjudication by Johannes Hendrik Fahner Pdf

International courts and tribunals are increasingly asked to pass judgment on matters that are traditionally considered to fall within the domestic jurisdiction of States. Especially in the fields of human rights, investment, and trade law, international adjudicators commonly evaluate decisions of national authorities that have been made in the course of democratic procedures and public deliberation. A controversial question is whether international adjudicators should review such decisions de novo or show deference to domestic authorities. This book investigates how various international courts and tribunals have responded to this question. In addition to a comparative analysis, the book provides a normative argument, discussing whether different forms of deference are justified in international adjudication. It proposes a distinction between epistemic deference, which is based on the superior capacity of domestic authorities to make factual and technical assessments, and constitutional deference, which is based on the democratic legitimacy of domestic decision-making. The book concludes that epistemic deference is a prudent acknowledgement of the limited expertise of international adjudicators, whereas the case for constitutional deference depends on the relative power of the reviewing court vis-à-vis the domestic legal order.

Deference to the Administration in Judicial Review

Guobin Zhu
Deference to the Administration in Judicial Review Book PDF

Author : Guobin Zhu
Publisher : Springer Nature
Page : 445 pages
File Size : 52,7 Mb
Release : 2019-11-23
Category : Law
ISBN : 9783030315399

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Deference to the Administration in Judicial Review by Guobin Zhu Pdf

This book investigates judicial deference to the administration in judicial review, a concept and legal practice that can be found to a greater or lesser degree in every constitutional system. In each system, deference functions differently, because the positioning of the judiciary with regard to the separation of powers, the role of the courts as a mechanism of checks and balances, and the scope of judicial review differ. In addition, the way deference works within the constitutional system itself is complex, multi-faceted and often covert. Although judicial deference to the administration is a topical theme in comparative administrative law, a general examination of national systems is still lacking. As such, a theoretical and empirical review is called for. Accordingly, this book presents national reports from 15 jurisdictions, ranging from Argentina, Canada and the US, to the EU. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative administrative law.

Ritual and Deference

Robert Cummings Neville
Ritual and Deference Book PDF

Author : Robert Cummings Neville
Publisher : State University of New York Press
Page : 220 pages
File Size : 55,9 Mb
Release : 2008-06-13
Category : Philosophy
ISBN : 9780791478219

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Ritual and Deference by Robert Cummings Neville Pdf

Brings Confucianism and Daoism into conversation with contemporary philosophy and the contemporary world situation.

The Decline of Deference

Neil Nevitte
The Decline of Deference Book PDF

Author : Neil Nevitte
Publisher : Peterborough, Ont. : Broadview Press
Page : 404 pages
File Size : 49,9 Mb
Release : 1996-08
Category : History
ISBN : UVA:X004066507

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The Decline of Deference by Neil Nevitte Pdf

In this extraordinarily wide-ranging book, Neil Nevitte demonstrates that the changing patterns of Canadian values are connected.

The Unity of the Common Law

Alan Brudner
The Unity of the Common Law Book PDF

Author : Alan Brudner
Publisher : OUP Oxford
Page : 378 pages
File Size : 43,5 Mb
Release : 2013-10-03
Category : Law
ISBN : 9780191002540

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The Unity of the Common Law by Alan Brudner Pdf

In this classic study, Alan Brudner investigates the basic structure of the common law of transactions. For decades, that structure has been the subject of intense debate between formalists, who say that transactional law is a private law for interacting parties, and functionalists, who say that it is a public law serving the collective ends of society. Against both camps, Brudner proposes a synthesis of formalism and functionalism in which private law is modified by a common good without being subservient to it. Drawing on Hegel's legal philosophy, the author exhibits this synthesis in each of transactional law's main divisions: property, contract, unjust enrichment, and tort. Each is a whole composed of private-law and public-law parts that complement each other, and the idea connecting the parts to each other is also latently present in each. Moreover, Brudner argues, a single narrative thread connects the divisions of transactional law to each other. Not a row of disconnected fields, transactional law is rather a story about the realization in law of the agent's claim to be a dignified end-master of its body, its acquisitions, and the shape of its life. Transactional law's divisions are stages in the progress toward that goal, each generating a potential developed by the next. Thus, contract law fulfils what is incompletely realized in property law, negligence law what is germinal in contract law, public insurance what is seminal in negligence law, and transactional law as a whole what is underdeveloped in public insurance. The end point is the limit of what a transactional law can contribute to a life sufficient for dignity. Reconfigured and expanded with a contribution by Jennifer Nadler, The Unity of the Common Law stands out among contemporary theories of private law in that it depicts private law as purposive without being instrumental and as autonomous without being emptily formal.

Deference in International Commercial Arbitration

Franco Ferrari,Friedrich Rosenfeld
Deference in International Commercial Arbitration Book PDF

Author : Franco Ferrari,Friedrich Rosenfeld
Publisher : Kluwer Law International B.V.
Page : 560 pages
File Size : 48,9 Mb
Release : 2023-05-12
Category : Law
ISBN : 9789403503172

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Deference in International Commercial Arbitration by Franco Ferrari,Friedrich Rosenfeld Pdf

In international arbitration, deference entails that one decision-maker does not make an autonomous assessment but limits its decision-making power out of respect for the decision or authority of another actor. For example, a court exercising post-award review might refrain from reviewing a question of procedure de novo but instead defer to a prior determination made by the arbitral tribunal. In this book, prominent arbitration practitioners and academics offer the first systematic analysis of such deference in international arbitration. With abundant reference to case law from major arbitration hubs, the analysis is organized around the three relationships in which questions of deference arise: public-private relationships in which a State actor (e.g., a court) must decide whether it should pay deference to determinations made by a private actor (e.g., a tribunal or an arbitral institution); public-public relationships in which a State actor (e.g., a court at the place of recognition and enforcement) must decide whether it should pay deference to another State actor (e.g., a court at the seat); and private-private relationships in which a private actor (e.g., an arbitral tribunal) must decide whether it should pay deference to another private actor (e.g., another arbitral tribunal or an arbitral institution). The book makes an important contribution to tracing the boundaries of the multiple layers of control over arbitration proceedings. It takes a giant step towards establishing the right equilibrium between the different layers of authority and thus meeting a pivotal challenge for the viability of arbitration as a form of dispute resolution.

The Age of Deference

David Rudenstine
The Age of Deference Book PDF

Author : David Rudenstine
Publisher : Oxford University Press
Page : 345 pages
File Size : 50,5 Mb
Release : 2016
Category : Law
ISBN : 9780199381487

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The Age of Deference by David Rudenstine Pdf

"Rudenstine's [book] traces the [Supreme] Court's role in the rise of judicial deference to executive power since the end of World War II. He [posits that], in case after case, going back to the Truman and Eisenhower presidencies, the Court has ceded authority in national security matters to the executive branch. Since 9/11, the executive faces even less oversight. According to Rudenstine, this has had a negative impact both on individual rights and on our ability to check executive authority when necessary"--

Deference in International Courts and Tribunals

Lukasz Gruszczynski,Wouter Werner
Deference in International Courts and Tribunals Book PDF

Author : Lukasz Gruszczynski,Wouter Werner
Publisher : OUP Oxford
Page : 400 pages
File Size : 52,5 Mb
Release : 2014-10-09
Category : Law
ISBN : 9780191026508

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Deference in International Courts and Tribunals by Lukasz Gruszczynski,Wouter Werner Pdf

International courts and tribunals are often asked to review decisions originally made by domestic decision-makers. This can often be a source of tension, as the international courts and tribunals need to judge how far to defer to the original decisions of the national bodies. As international courts and tribunals have proliferated, different courts have applied differing levels of deference to those originial decisions, which can lead to a fragmentation in international law. International courts in such positions rely on two key doctrines: the standard of review and the margin of appreciation. The standard of review establishes the extent to which national decisions relating to factual, legal, or political issues arising in the case are re-examined in the international court. The margin of appreciation is the extent to which national legislative, executive, and judicial decision-makers are allowed to reflect diversity in their interpretation of human rights obligations. The book begins by providing an overview of the margin of appreciation and standard of review, recognising that while the margin of appreciation explicitly acknowledges the existence of such deference, the standard of review does not: it is rather a procedural mechanism. It looks in-depth at how the public policy exception has been assessed by the European Court of Justice and the WTO dispute settlement bodies. It examines how the European Court of Human Rights has taken an evidence-based approach towards the margin of appreciation, as well as how it has addressed issues of hate speech. The Inter-American system is also investigated, and it is established how far deference is possible within that legal organisation. Finally, the book studies how a range of other international courts, such as the International Criminal Court, and the Law of the Sea Tribunal, have approached these two core doctrines.