Limiting Arbitrary Power

Author : Marc Ribeiro
Publisher : UBC Press
Page : 220 pages
File Size : 45,7 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.

Author : Oren Ben-Dor
Publisher : Hart Publishing
Page : 351 pages
File Size : 55,8 Mb
Release : 2000-10-21
Category : Law
ISBN : 9781841131115

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Constitutional Limits and the Public Sphere by Oren Ben-Dor Pdf

Ben-Dor (law, U. of Southampton) developed this book concerning critical constitutionalism from his doctoral thesis at University College London. In it, he interprets unpublished and recently published texts by Jeremy Bentham (1748-1832), first reconstructing the most general argument about Bentham's legal and political thought as a founder of utilitarianism, and then analyzing Bentham's work within the context of contemporary debates in legal and political philosophy. He concludes that the technical and reductionist methodology associated with utilitarianism don't do justice to the theory, which identifies the maximization of pleasure as the most fundamental self-interest guiding people. Distributed by ISBS. c. Book News Inc.

Author : Carla Ferstman
Publisher : Policy Press
Page : 310 pages
File Size : 52,8 Mb
Release : 2024-05-28
Category : Law
ISBN : 9781529222494

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Conceptualising Arbitrary Detention by Carla Ferstman Pdf

Available open access digitally under CC-BY-NC-ND licence. This book examines how governments misuse detention to abuse power, suppress dissent and maintain social hierarchies. Proposing solutions for future policy, this is a call for greater respect for the rule of law and human rights.

Author : Michael Piggott
Publisher : Elsevier
Page : 358 pages
File Size : 50,7 Mb
Release : 2012-10-22
Category : Business & Economics
ISBN : 9781780633787

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Archives and Societal Provenance by Michael Piggott Pdf

Records and archival arrangements in Australia are globally relevant because Australia’s indigenous people represent the oldest living culture in the world, and because modern Australia is an ex-colonial society now heavily multicultural in outlook. Archives and Societal Provenance explores this distinctiveness using the theoretical concept of societal provenance as propounded by Canadian archival scholars led by Dr Tom Nesmith. The book’s seventeen essays blend new writing and re-workings of earlier work, comprising the fi rst text to apply a societal provenance perspective to a national setting. After a prologue by Professor Michael Moss entitled A prologue to the afterlife, this title consists of four sections. The first considers historical themes in Australian recordkeeping. The second covers some of the institutions which make the Australian archival story distinctive, such as the Australian War Memorial and prime ministerial libraries. The third discusses the formation of archives. The fourth and final part explores debates surrounding archives in Australia. The book concludes by considering the notion of an archival afterlife. Presents material from a life’s career working and thinking about archives and records and their multiple relationships with history, biography, culture and society The first book to focus specifically on the Australian archival scene Covers a wide variety of themes, including: the theoretical concept of the records continuum; census records destruction; Prime Ministerial Libraries; and the documentation of war

Author : Sean Irving
Publisher : Routledge
Page : 170 pages
File Size : 47,5 Mb
Release : 2019-11-27
Category : Business & Economics
ISBN : 9780429750748

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Hayek’s Market Republicanism by Sean Irving Pdf

Friedrich Hayek was the 20th century’s most significant free market theorist and over the course of his long career he developed a critique of the danger that state power poses to individual liberty. In rejecting much of the liberal tradition’s concern for social justice and democratic participation, Hayek would help clear away many intellectual obstacles to the emergence of neoliberalism in the last quarter of the 20th century. At the core of this book is a new interpretation of Hayek, one that regards him as an exponent of a neo-Roman conception of liberty and interprets his work as a form of ‘market republicanism’. It examines the contemporary context in which Hayek wrote, and places his writing in the long republican intellectual tradition. Hayek’s Market Republicanism will be of interest to advanced students and researchers across the history of economic thought, the history of political thought, political economy and political philosophy.

Author : David Boucher
Publisher : Oxford University Press
Page : 432 pages
File Size : 51,9 Mb
Release : 2009-05-21
Category : Language Arts & Disciplines
ISBN : 9780199203529

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The Limits of Ethics in International Relations by David Boucher Pdf

In his major new work, David Boucher surveys the history of thinking about human rights and shows that far from being seen as universal and emancipatory, they have almost always privileged certain groups in relation to others.

Author : Paul Valliere,Randall A. Poole
Publisher : Routledge
Page : 354 pages
File Size : 41,5 Mb
Release : 2021-09-16
Category : History
ISBN : 9781000427936

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Law and the Christian Tradition in Modern Russia by Paul Valliere,Randall A. Poole Pdf

This book, authored by an international group of scholars, focuses on a vibrant central current within the history of Russian legal thought: how Christianity, and theistic belief generally, has inspired the aspiration to the rule of law in Russia, informed Russian philosophies of law, and shaped legal practices. Following a substantial introduction to the phenomenon of Russian legal consciousness, the volume presents twelve concise, non-technical portraits of modern Russian jurists and philosophers of law whose thought was shaped significantly by Orthodox Christian faith or theistic belief. Also included are chapters on the role the Orthodox Church has played in the legal culture of Russia and on the contribution of modern Russian scholars to the critical investigation of Orthodox canon law. The collection embraces the most creative period of Russian legal thought—the century and a half from the later Enlightenment to the Russian emigration following the Bolshevik Revolution. This book will merit the attention of anyone interested in the connections between law and religion in modern times.

Author : Lane V. Sunderland
Publisher : Unknown
Page : 384 pages
File Size : 47,5 Mb
Release : 1996
Category : Law
ISBN : UOM:39015034507460

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Popular Government and the Supreme Court by Lane V. Sunderland Pdf

With quiet eloquence, Lane Sunderland argues that we must reclaim the fundamental principles of the Constitution if we are to restore democratic government to its proper role in American life. For far too long, he contends, the popular will has been held in check by an overly powerful Supreme Court using non-constitutional principles to make policy and promote its own political agendas. His work shows why this has diminished American democracy and what we can do to revive it. Sunderland presents a strong, thoughtful challenge to the constitutional theories promoted by Ronald Dworkin, Archibald Cox, Richard Epstein, Michael Perry, John Hart Ely, Robert Bork, Philip Kurland, Laurence Tribe, Mark Tushnet, and Catharine MacKinnon—an enormously diverse group united by an apparent belief in judicial supremacy. Their theories, he demonstrates, undermine the democratic foundations of the Constitution and the power of the majority to resolve for itself important questions of justice. Central to this enterprise is Sunderland's reconsideration of The Federalist as the first, most reliable, and most profound commentary on the Constitution. "The Federalist," he states, "is crucial because it explains the underlying theory of the Constitution as a whole, a theory that gives meaning to its particular provisions." In addition, Sunderland reexamines the Declaration of Independence and the work of Hobbes, Locke, and Montesquieu, in order to better define the nature and limits of their influence on the Framers. His reading of these works in conjunction with The Federalist shows just how far afield contemporary commentators have strayed. Sunderland deliberately echoes and amplifies Madison's wisdom in Federalist No. 10 that the object of the Constitution is "to secure the public good and private rights . . . and at the same time to preserve the spirit and form of popular government." To attain that object, he persuasively argues, requires that the judiciary acknowledge and enforce the constitutional limitations upon its own powers. In an era loudly proclaiming the return of popular government, majority rule, and the "will of the people," that argument is especially relevant and appealing.

Author : Gerald J. Postema
Publisher : Oxford University Press, USA
Page : 577 pages
File Size : 48,5 Mb
Release : 2019
Category : Law
ISBN : 9780198793052

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Bentham and the Common Law Tradition by Gerald J. Postema Pdf

Présentation de l'éditeur : "This second edition of a classic in Anglo-American legal philosophy reopens the dialogue between Bentham's work and contemporary legal philosophy. Gerald J. Postema revisits the themes of the first edition in light of the latest scholarly criticism and provides new insights into the historical-philosophical roots of international law"

Author : Eugene Schuyler
Publisher : Unknown
Page : 506 pages
File Size : 47,9 Mb
Release : 1876
Category : Asia, Central
ISBN : OXFORD:305506098

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Turkistan by Eugene Schuyler Pdf

Author : Eugène Schuyler
Publisher : Unknown
Page : 508 pages
File Size : 49,6 Mb
Release : 1876
Category : Electronic
ISBN : BML:37001200201908

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Turkertan by Eugène Schuyler Pdf

Author : Moises Lino e Silva,Huon Wardle
Publisher : Routledge
Page : 312 pages
File Size : 41,6 Mb
Release : 2016-11-25
Category : Social Science
ISBN : 9781317415480

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Freedom in Practice by Moises Lino e Silva,Huon Wardle Pdf

‘Freedom’ is one of the most fiercely contested words in contemporary global experience. This book provides an up-to-date overview from an anthropological perspective of the diverse ways in which freedom is understood and practised in everyday life, including the emergent relationships between governance, autonomy and liberty. The contributors offer a wealth of ethnographic insight from a variety of geographic, cultural and political contexts. Taken together the essays constitute a radical challenge to assumptions about what freedom means in today’s world.

Author : G. Varouxakis
Publisher : Springer
Page : 223 pages
File Size : 40,7 Mb
Release : 2002-02-17
Category : History
ISBN : 9780230505834

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Victorian Political Thought on France and the French by G. Varouxakis Pdf

By scrutinizing the major Victorian political thinkers' perceptions and representations of France this book shows how comparisons with the country on the other side of the Channel, its politics, civilization, and the French 'national character' contributed to nineteenth-century Britain's self-definition. While the utterances on France of several other figures are also examined, the main focus is on Walter Bagehot, John Stuart Mill, Matthew Arnold, Lord Acton, Thomas Carlyle, Nassau William Senior, James Fitzjames Stephen, William Rathbone Greg, Thomas Babington Macaulay, John Morley, and Frederic Harrison.

Author : John Earl Joseph
Publisher : John Benjamins Publishing
Page : 246 pages
File Size : 51,8 Mb
Release : 2000
Category : Language Arts & Disciplines
ISBN : 1556197497

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Limiting the Arbitrary by John Earl Joseph Pdf

The idea that some aspects of language are 'natural', while others are arbitrary, artificial or derived, runs all through modern linguistics, from Chomsky's GB theory and Minimalist program and his concept of E- and I-language, to Greenberg's search for linguistic universals, Pinker's views on regular and irregular morphology and the brain, and the markedness-based constraints of Optimality Theory. This book traces the heritage of this linguistic naturalism back to its locus classicus, Plato's dialogue Cratylus. The first half of the book is a detailed examination of the linguistic arguments in the Cratylus. The second half follows three of the dialogue's naturalistic themes through subsequent linguistic history - natural grammar and conventional words, from Aristotle to Pinker; natural dialect and artificial language, from Varro to Chomsky; and invisible hierarchies, from Jakobson to Optimality Theory - in search of a way forward beyond these seductive yet spurious and limiting dichotomies.

Author : Anonim
Publisher : Unknown
Page : 770 pages
File Size : 42,5 Mb
Release : 1880
Category : Electronic
ISBN : OXFORD:590938528

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The Statesman: a Monthly Review of Home & Foreign Politics, Ed. by R. Knight by Anonim Pdf