Ordering Law

Author : John Borrows,Larry Chartrand,Oonagh E. Fitzgerald,Risa Schwartz
Publisher : McGill-Queen's Press - MQUP
Page : 256 pages
File Size : 47,7 Mb
Release : 2023-08-01
Category : Law
ISBN : 9781928096832

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Braiding Legal Orders by John Borrows,Larry Chartrand,Oonagh E. Fitzgerald,Risa Schwartz Pdf

Implementation in Canada of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is a pivotal opportunity to explore the relationship between international law, Indigenous peoples' own laws, and Canada's constitutional narratives. Two significant statements by the current Liberal government - the May 2016 address by Indigenous Affairs Minister Carolyn Bennett to the Permanent Forum on Indigenous Issues at the United Nations and the September 2017 address to the United Nations by Prime Minister Justin Trudeau - have endorsed UNDRIP and committed Canada to implementing it as “a way forward” on the path to genuine nation-to-nation relationships with Indigenous peoples. In response, these essays engage with the legal, historical, political, and practical aspects of UNDRIP implementation. Written by Indigenous legal scholars and policy leaders, and guided by the metaphor of braiding international, domestic, and Indigenous laws into a strong, unified whole composed of distinct parts, the book makes visible the possibilities for reconciliation from different angles and under different lenses.

Author : Maneesha Deckha
Publisher : University of Toronto Press
Page : 359 pages
File Size : 49,7 Mb
Release : 2020-12-16
Category : Law
ISBN : 9781487538255

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Animals as Legal Beings by Maneesha Deckha Pdf

In Animals as Legal Beings, Maneesha Deckha critically examines how Canadian law and, by extension, other legal orders around the world, participate in the social construction of the human-animal divide and the abject rendering of animals as property. Through a rigorous but cogent analysis, Deckha calls for replacing the exploitative property classification for animals with a new transformative legal status or subjectivity called "beingness." In developing a new legal subjectivity for animals, one oriented toward respecting animals for who they are rather than their proximity to idealized versions of humanness, Animals as Legal Beings seeks to bring critical animal theorizations and animal law closer together. Throughout, Deckha draws upon the feminist animal care tradition, as well as feminist theories of embodiment and relationality, postcolonial theory, and critical animal studies. Her argument is critical of the liberal legal view of animals and directed at a legal subjectivity for animals attentive to their embodied vulnerability, and desirous of an animal-friendly cultural shift in the core foundations of anthropocentric legal systems. Theoretically informed yet accessibly presented, Animals as Legal Beings makes a significant contribution to an array of interdisciplinary debates and is an innovative and astute argument for a meaningful more-than-human turn in law and policy.

Author : Law Commission of Canada
Publisher : UBC Press
Page : 189 pages
File Size : 44,6 Mb
Release : 2008
Category : Law
ISBN : 9780774855778

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Indigenous Legal Traditions by Law Commission of Canada Pdf

The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.

Author : Clare Graham
Publisher : Routledge
Page : 559 pages
File Size : 55,6 Mb
Release : 2017-05-15
Category : History
ISBN : 9781351913577

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Ordering Law by Clare Graham Pdf

Over the last thirty years, historical studies of building types have become something of a growth area. As well as such general surveys as Nikolaus Pevsner's History of Building Types, there are growing numbers of studies of individual types, of which the most distinguished perhaps remain Mark Girouard's Life in the English Country House and Robin Evan's study of prisons, The Fabrication of Virtue. This growth is not surprising, because the subject lends itself to the 'New Art History', and to our increasing desire to set buildings within their social and cultural contexts, as well as their stylistic and cultural ones. This book by Dr Graham is a comprehensive study of a type of building - the law court - which has, to date, remained largely unexplored. Ordering Law establishes when, why and how the trial came to be housed in purpose-built accommodation in England, and what was architecturally distinctive about that accommodation in the period leading up to 1914. The main text concentrates on examining in depth a series of well-documented individual buildings and groups of buildings, using a wide range of contemporary sources to illuminate the way in which they were designed and used. Other information gleaned about court buildings nationwide is placed in an appendix, in gazetteer form; originally drawn from the 200 or so examples listed in the Buildings of England guides, this has expanded to include over 800 entries. As a piece of scholarly research, this work draws on several disciplines and will be of interest to those studying social and legal history, as well as those with a broader interest in architectural history.

Author : Terence C. Halliday,Gregory Shaffer
Publisher : Cambridge University Press
Page : 559 pages
File Size : 54,8 Mb
Release : 2015-01-19
Category : Law
ISBN : 9781107069923

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Transnational Legal Orders by Terence C. Halliday,Gregory Shaffer Pdf

"This book offers an empirically grounded theory that reframes the study of law and society from a predominantly national context, which dichotomizes the study of international law and national compliance into a dynamic perspective that places national, international, and transnational lawmaking and practice within a coherent single frame. By presenting and elaborating on a new concept, transnational legal orders it offers an original approach to the emergence of legal orders beyond nation-states. It shows how they originate, where they compete and cooperate, and how they settle on institutions that legally order fundamental economic and social behaviors that transcend national borders. This original theory is applied and developed by distinguished scholars from North America and Europe in business law, regulatory law and human rights"--

Author : Rein Müllerson
Publisher : BRILL
Page : 399 pages
File Size : 51,7 Mb
Release : 2021-10-01
Category : Law
ISBN : 9789004482609

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Ordering Anarchy by Rein Müllerson Pdf

The end of the Cold War has released some hitherto suppressed trends in international society that are reshaping international order, such as globalization and its nemesis - fragmentation. This volume analyzes the current transformation of the character of the state as the principal actor of international society and related changes in the structure of international society. International law, especially its fundamental principles, such as sovereign equality of states, non-use of force, non-interference, respect for human rights, and self-determination of peoples, reflect some basic characteristics of the state and the structure of international society. Because of significant changes going on in the latter, many crucial principles of international law have ceased to reflect the reality. Moreover, fundamental principles often come into conflict with each other since they reflect main characteristics of different international societies -- Westphalian and post-Westphalian.

Author : Jürgen Basedow
Publisher : BRILL
Page : 662 pages
File Size : 54,9 Mb
Release : 2015-06-16
Category : Law
ISBN : 9789004296800

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The Law of Open Societies by Jürgen Basedow Pdf

This book endeavours to interpret the development of private international law in light of social change. Since the end of World War II the socio-economic reality of international relations has been characterised by a progressive move from closed to open societies. The dominant feature of our time is the opening of borders for individuals, goods, services, capital and data. It is reflected in the growing importance of ex ante planning – as compared with ex post adjudication – of cross-border relations between individuals and companies. What has ensued is a shift in the forces that shape international relations from states to private actors. The book focuses on various forms of private ordering for economic and societal relations, and its increasing significance, while also analysing the role of the remaining regulatory powers of the states involved. These changes stand out more distinctly by virtue of the comparative treatment of the law and the long-term perspective employed by the author. The text is a revised and updated version of the lectures given by the author during the 2012 summer courses of the Hague Academy of International Law.

Author : Philip Girard,Jim Phillips,R. Blake Brown
Publisher : University of Toronto Press
Page : 928 pages
File Size : 41,7 Mb
Release : 2018-01-01
Category : Law
ISBN : 9781487504632

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A History of Law in Canada, Vol. 1 by Philip Girard,Jim Phillips,R. Blake Brown Pdf

A History of Law in Canada is the first of two volumes. Volume one begins at a time just prior to European contact and continues to the 1860s, while volume two will start with Confederation and end at approximately 2000. The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada - the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods. The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.

Author : Canada. Parliament. House of Commons,Robert Marleau,Camille Montpetit
Publisher : Unknown
Page : 1216 pages
File Size : 48,7 Mb
Release : 2000
Category : Canada
ISBN : UCBK:C070750942

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House of Commons Procedure and Practice by Canada. Parliament. House of Commons,Robert Marleau,Camille Montpetit Pdf

This reference book is primarily a procedural work which examines the many forms, customs, and practices which have been developed and established for the House of Commons since Confederation in 1867. It provides a distinctive Canadian perspective in describing procedure in the House up to the end of the first session of the 36th Parliament in Sept. 1999. The material is presented with full commentary on the historical circumstances which have shaped the current approach to parliamentary business. Key Speaker's rulings and statements are also documented and the considerable body of practice, interpretation, and precedents unique to the Canadian House of Commons is amply illustrated. Chapters of the book cover the following: parliamentary institutions; parliaments and ministries; privileges and immunities; the House and its Members; parliamentary procedure; the physical & administrative setting; the Speaker & other presiding officers; the parliamentary cycle; sittings of the House; the daily program; oral & written questions; the process of debate; rules of order & decorum; the curtailment of debate; special debates; the legislative process; delegated legislation; financial procedures; committees of the whole House; committees; private Members' business; public petitions; private bills practice; and the parliamentary record. Includes index.

Author : Anonim
Publisher : Unknown
Page : 870 pages
File Size : 45,9 Mb
Release : 1909
Category : Electronic
ISBN : NYPL:33433003280306

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Laws, Ordinances, Decrees, and Military Orders Having the Force of Law, Effective in Porto Rico, May 1, 1900 by Anonim Pdf

Author : Lauren Benton,Lisa Ford
Publisher : Harvard University Press
Page : 264 pages
File Size : 52,7 Mb
Release : 2016-10-03
Category : Law
ISBN : 9780674972803

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Rage for Order by Lauren Benton,Lisa Ford Pdf

Lauren Benton and Lisa Ford find the origins of international law in empires, especially in the British Empire’s sprawling efforts to refashion the imperial constitution and reorder the world. These attempts touched on all the issues of the early nineteenth century, from slavery to revolution, and changed the way we think about the empire’s legacy.

Author : David M. Steinberg,Craig Perkins,Esther Lenkinski,Andrew James
Publisher : Unknown
Page : 128 pages
File Size : 52,6 Mb
Release : 2015
Category : Divorce
ISBN : 0433487399

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Ontario Family Law Practice, 2016 by David M. Steinberg,Craig Perkins,Esther Lenkinski,Andrew James Pdf

Author : Puerto Rico
Publisher : Unknown
Page : 852 pages
File Size : 48,8 Mb
Release : 1909
Category : Law
ISBN : NYPL:33433003280314

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Laws, Ordinances, Decrees, and Military Orders Having the Force of Law, Effective in Porto Rico, May 1, 1900 by Puerto Rico Pdf

Author : James Crawford
Publisher : BRILL
Page : 537 pages
File Size : 48,5 Mb
Release : 2014-04-29
Category : Law
ISBN : 9789004268098

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Chance, Order, Change: The Course of International Law, General Course on Public International Law by James Crawford Pdf

Also available as an e-book Chance, Order, Change: The Course of International Law, General Course on Public International Law by J. Crawford The course of international law over time needs to be understood if international law is to be understood. This work aims to provide such an understanding. It is directed not at topics or subject headings — sources, treaties, states, human rights and so on — but at some of the key unresolved problems of the discipline. Unresolved, they call into question its status as a discipline. Is international law “law” properly so-called ? In what respects is it systematic ? Does it — can it — respect the rule of law ? These problems can be resolved, or at least reduced, by an imaginative reading of our shared practices and our increasingly shared history, with an emphasis on process. In this sense the practice of the institutions of international law is to be understood as the law itself. They are in a dialectical relationship with the law, shaping it and being shaped by it. This is explained by reference to actual cases and examples, providing a course of international law in some standard sense as well.

Author : Federico Lorenzo Ramaioli
Publisher : Routledge
Page : 212 pages
File Size : 48,9 Mb
Release : 2022-04-04
Category : Law
ISBN : 9781000566574

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Islamic State as a Legal Order by Federico Lorenzo Ramaioli Pdf

This book explores the legal dimension of the Islamic State, an aspect which has hitherto been neglected in the literature. ISIS’ dystopian experience, intended as a short-lived territorial and political governance, has been analyzed from multiple points of view, including the geopolitical, social and religious ones. However, its legal dimension has never been properly dealt with in a comprehensive way, assuming as a point of reference both the Islamic and the Western legal tradition. This book analyzes ISIS as the expression of a potential though never fully realized legal order. The book does not describe ISIS’ possible classifications according to the standards and the criteria of international law, such as its possible statehood or proto-statehood, issues that are however touched upon. Rather, it analyzes ISIS’ own legal awareness, based on the group’s literary materials, which show a considerable amount of juridical work. Such material, mainly propagandistic in its nature, is essential in understanding which kind of legal order ISIS aimed at establishing. The book will be of interest to students and academics in the fields of Law, International Relations, Political Sciences, Terrorism Studies, Religion and Middle Eastern Studies.