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Author: Ronald Dworkin
Publisher: A&C Black
ISBN: 1780938330
Category : Philosophy
Languages : en
Pages : 457
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Book Description
A landmark work of political and legal philosophy, Ronald Dworkin's Taking Rights Seriously was acclaimed as a major work on its first publication in 1977 and remains profoundly influential in the 21st century. A forceful statement of liberal principles - championing the legal, moral and political rights of the individual against the state - Dworkin demolishes prevailing utilitarian and legal-positivist approaches to jurisprudence. Developing his own theory of adjudication, he applies this to controversial public issues, from civil disobedience to positive discrimination. Elegantly written and cuttingly insightful, Taking Rights Seriously is one of the most important works of public thought of the last fifty years.
Author: Ronald Dworkin
Publisher: A&C Black
ISBN: 1780938330
Category : Philosophy
Languages : en
Pages : 457
Get Book Here
Book Description
A landmark work of political and legal philosophy, Ronald Dworkin's Taking Rights Seriously was acclaimed as a major work on its first publication in 1977 and remains profoundly influential in the 21st century. A forceful statement of liberal principles - championing the legal, moral and political rights of the individual against the state - Dworkin demolishes prevailing utilitarian and legal-positivist approaches to jurisprudence. Developing his own theory of adjudication, he applies this to controversial public issues, from civil disobedience to positive discrimination. Elegantly written and cuttingly insightful, Taking Rights Seriously is one of the most important works of public thought of the last fifty years.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Evelyne Schmid
Publisher: Cambridge University Press
ISBN: 1316299325
Category : Law
Languages : en
Pages : 395
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Book Description
Is the neglect of economic, social and cultural abuses in international criminal law a problem of positive international law or the result of choices made by lawyers involved in mechanisms such as criminal prosecutions or truth commissions? Evelyne Schmid explores this question via an assessment of the relationship between violations of economic, social and cultural rights and international crimes. Based on a thorough examination of the elements of international crimes, she demonstrates how a situation can simultaneously be described as a violation of economic, social and cultural rights and as an international crime. Against the background of the emerging debates on selectivity in international criminal law and the role of socio-economic and cultural abuses in transitional justice, she argues that international crimes overlapping with violations of economic, social and cultural rights deserve to be taken seriously, for much the same reasons as other international crimes.
Author: Dan Russell
Publisher: UBC Press
ISBN: 0774840684
Category : Social Science
Languages : en
Pages : 258
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Book Description
In this provocative and passionate book, Dan Russell outlines the history of Aboriginal self-government in Canada. He compares it to that of the United States, where, for over 150 years, tribes have practised self-government -- domestic dependent nationhood. Russell provides specific examples of how those institutions of government operate, and eloquently explains, from an Aboriginal perspective, what his people hope to achieve through self-governing authority. After describing rights theory, Russell locates Aboriginal self-government as a cultural right, and illustrates how the entitlements of Aboriginal women, an Aboriginal ethic, and collective rights, which are protected by self-governance, may conflict with the Canadian Charter of Rights.
Author: Canada
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 0
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Book Description
Author: Peter H. Russell
Publisher: University of Toronto Press
ISBN: 1442659254
Category : Law
Languages : en
Pages : 748
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Book Description
A judicial revolution occurred in 1992 when Australia's highest court discarded a doctrine that had stood for two hundred years, that the country was a terra nullius – a land of no one – when the white man arrived. The proceedings were known as the Mabo Case, named for Eddie Koiki Mabo, the Torres Strait Islander who fought the notion that the Australian Aboriginal people did not have a system of land ownership before European colonization. The case had international repercussions, especially on the four countries in which English-settlers are the dominant population: Australia, Canada, New Zealand, and the United States. In Recognizing Aboriginal Title, Peter H. Russell offers a comprehensive study of the Mabo case, its background, and its consequences, contextualizing it within the international struggle of Indigenous peoples to overcome their colonized status. Russell weaves together an historical narrative of Mabo's life with an account of the legal and ideological premises of European imperialism and their eventual challenge by the global forces of decolonization. He traces the development of Australian law and policy in relation to Aborigines, and provides a detailed examination of the decade of litigation that led to the Mabo case. Mabo died at the age of fifty-six just five months before the case was settled. Although he had been exiled from his land over a dispute when he was a teenager, he was buried there as a hero. Recognizing Aboriginal Title is a work of enormous importance by a legal and constitutional scholar of international renown, written with a passion worthy of its subject – a man who fought hard for his people and won.
Author: David Robertson
Publisher: Princeton University Press
ISBN: 1400836875
Category : Political Science
Languages : en
Pages : 433
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Book Description
The Judge as Political Theorist examines opinions by constitutional courts in liberal democracies to better understand the logic and nature of constitutional review. David Robertson argues that the constitutional judge's role is nothing like that of the legislator or chief executive, or even the ordinary judge. Rather, constitutional judges spell out to society the implications--on the ground--of the moral and practical commitments embodied in the nation's constitution. Constitutional review, in other words, is a form of applied political theory. Robertson takes an in-depth look at constitutional decision making in Germany, France, the Czech Republic, Poland, Hungary, Canada, and South Africa, with comparisons throughout to the United States, where constitutional review originated. He also tackles perhaps the most vexing problem in constitutional law today--how and when to limit the rights of citizens in order to govern. As traditional institutions of moral authority have lost power, constitutional judges have stepped into the breach, radically altering traditional understandings of what courts can and should do. Robertson demonstrates how constitutions are more than mere founding documents laying down the law of the land, but increasingly have become statements of the values and principles a society seeks to embody. Constitutional judges, in turn, see it as their mission to transform those values into political practice and push for state and society to live up to their ideals.
Author: United States. National Labor Relations Board. Office of the General Counsel
Publisher: U.S. Government Printing Office
ISBN:
Category : Law
Languages : en
Pages : 68
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Book Description
Author: C.E.F. Rickett
Publisher: Bloomsbury Publishing
ISBN: 184731709X
Category : Law
Languages : en
Pages : 325
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Book Description
Peter Birks's tragically early death, and his immense influence around the world, led immediately to the call for a volume of essays in his honour by scholars who had known him as a colleague, teacher and friend. One such volume, published in 2006, contained essays largely from scholars working in England (Mapping the Law: Essays in Memory of Peter Birks, edited by Andrew Burrows and Lord Rodger). This volume contains the essays of those outside England who chose to honour Peter, and appears later than the English volume, reflecting the far flung habitations of its authors. The essays contained in this volume are focussed around the law of unjust enrichment, but are not narrowly preoccupied - instead they move freely from unjust enrichment to some of the most profound questions in private law concerning taxonomy, the relationship between contract, property and unjust enrichment, and the place of remedies within private law. This volume, featuring the work of some of the world's great private lawyers, provides a fitting tribute to a great scholar, and a series of thought-provoking essays inspired by his example. Contributors Kit Barker Michael Bryan Peter Butler Hanoch Dagan Simone Degeling Daniel Friedmann Mark Gergen Ross Grantham Steve Hedley John McCamus Mitchell McInnes Eoin O'Dell Charles Rickett Struan Scott Emily Sherwin Stephen Smith Richard Sutton Michael Tilbury Stephen Waddams Peter Watts Ernest Weinrib Eric Descheemaeker
Author: Chelsea Vowel
Publisher: arsenal pulp press
ISBN: 1551528800
Category : Fiction
Languages : en
Pages : 270
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Book Description
“Education is the new buffalo” is a metaphor widely used among Indigenous peoples in Canada to signify the importance of education to their survival and ability to support themselves, as once Plains nations supported themselves as buffalo peoples. The assumption is that many of the pre-Contact ways of living are forever gone, so adaptation is necessary. But Chelsea Vowel asks, “Instead of accepting that the buffalo, and our ancestral ways, will never come back, what if we simply ensure that they do?” Inspired by classic and contemporary speculative fiction, Buffalo Is the New Buffalo explores science fiction tropes through a Métis lens: a Two-Spirit rougarou (shapeshifter) in the nineteenth century tries to solve a murder in her community and joins the nêhiyaw-pwat (Iron Confederacy) in order to successfully stop Canadian colonial expansion into the West. A Métis man is gored by a radioactive bison, gaining super strength, but losing the ability to be remembered by anyone not related to him by blood. Nanites babble to babies in Cree, virtual reality teaches transformation, foxes take human form and wreak havoc on hearts, buffalo roam free, and beings grapple with the thorny problem of healing from colonialism. Indigenous futurisms seek to discover the impact of colonization, remove its psychological baggage, and recover ancestral traditions. These eight short stories of “Métis futurism” explore Indigenous existence and resistance through the specific lens of being Métis. Expansive and eye-opening, Buffalo Is the New Buffalo rewrites our shared history in provocative and exciting ways.
