Revival: Legitimacy Deficit in Custom: Towards a Deconstructionist Theory (2001)

Revival: Legitimacy Deficit in Custom: Towards a Deconstructionist Theory (2001) PDF Author: Ben Chiagra
Publisher: Taylor & Francis
ISBN: 1351766775
Category : Law
Languages : en
Pages : 386

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Book Description
Cover -- Half Title -- Dedication -- Title Page -- Copyright Page -- Table of Contents -- List of Treaties and Declarations -- List of Cases and Incidents -- List of Abbreviations -- Introduction -- 1 Juridification of Custom -- Introduction -- Etymology of Custom -- Custom as a Law-creating Mechanism -- Unpacking Custom's Content -- On the Material Elements of Custom -- Publicists on Custom -- The ILA Committee on Formation of General International Law -- Customary International Law and Obligation -- Conclusion -- 2 International Organisation and Custom: From 1920 to Contemporary Perspectives -- Introduction -- Sovereignty's Temporal Fortunes -- Attribution to the United Nations of Sovereign-like Competencies -- International Human Rights and Custom -- Conclusion -- 3 Legitimacy Deficit in Article 38(1)(b)'s Jurisprudence -- Introduction -- Legitimacy -- Conclusion -- 4 Deconstructionism, Normative Theory and Custom -- Introduction -- Deconstruction -- Customary International Law and Deconstructionist Critique -- Conclusion -- 5 Inauguration of New Norms of Customary Law in the Corfu Channel Case -- Introduction -- The ICJ Inaugurates Customary International Law in the Corfu Channel Case -- The ICJ Premises Custom on Violent Hierarchical Oppositions -- The Corfu Channel Case's Contribution to Understanding of Custom -- Conclusion -- 6 Custom and State Objection to Nascent Norms of Customary Law -- Introduction -- The ICJ Identifies Rules of Customary International Law on the Delimitation of Fisheries Zones -- The Persistent Objector in the Process of Custom -- Conclusion -- 7 Twining Custom with Treaty - North Sea Continental Shelf Cases -- Introduction -- Background -- Positive Law Test of Customary International Law -- Legitimacy Deficit in Custom -- Conclusion -- 8 Conclusions -- Introduction -- Difficulties -- Submissions -- Bibliography

Revival: Legitimacy Deficit in Custom: Towards a Deconstructionist Theory (2001)

Revival: Legitimacy Deficit in Custom: Towards a Deconstructionist Theory (2001) PDF Author: Ben Chiagra
Publisher: Taylor & Francis
ISBN: 1351766775
Category : Law
Languages : en
Pages : 386

Get Book Here

Book Description
Cover -- Half Title -- Dedication -- Title Page -- Copyright Page -- Table of Contents -- List of Treaties and Declarations -- List of Cases and Incidents -- List of Abbreviations -- Introduction -- 1 Juridification of Custom -- Introduction -- Etymology of Custom -- Custom as a Law-creating Mechanism -- Unpacking Custom's Content -- On the Material Elements of Custom -- Publicists on Custom -- The ILA Committee on Formation of General International Law -- Customary International Law and Obligation -- Conclusion -- 2 International Organisation and Custom: From 1920 to Contemporary Perspectives -- Introduction -- Sovereignty's Temporal Fortunes -- Attribution to the United Nations of Sovereign-like Competencies -- International Human Rights and Custom -- Conclusion -- 3 Legitimacy Deficit in Article 38(1)(b)'s Jurisprudence -- Introduction -- Legitimacy -- Conclusion -- 4 Deconstructionism, Normative Theory and Custom -- Introduction -- Deconstruction -- Customary International Law and Deconstructionist Critique -- Conclusion -- 5 Inauguration of New Norms of Customary Law in the Corfu Channel Case -- Introduction -- The ICJ Inaugurates Customary International Law in the Corfu Channel Case -- The ICJ Premises Custom on Violent Hierarchical Oppositions -- The Corfu Channel Case's Contribution to Understanding of Custom -- Conclusion -- 6 Custom and State Objection to Nascent Norms of Customary Law -- Introduction -- The ICJ Identifies Rules of Customary International Law on the Delimitation of Fisheries Zones -- The Persistent Objector in the Process of Custom -- Conclusion -- 7 Twining Custom with Treaty - North Sea Continental Shelf Cases -- Introduction -- Background -- Positive Law Test of Customary International Law -- Legitimacy Deficit in Custom -- Conclusion -- 8 Conclusions -- Introduction -- Difficulties -- Submissions -- Bibliography

Reviving Legitimacy

Reviving Legitimacy PDF Author: Zhenglai Deng
Publisher: Challenges Facing Chinese Poli
ISBN: 9780739165225
Category : Political Science
Languages : en
Pages : 0

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Book Description
The Chinese government has attempted to bolster its legitimacy as a political response to emerging social, cultural, political, economic, environmental challenges and crises experienced during market-oriented reforms and rapid modernization in China. However, contrary to the Western preference for liberal democracy and procedural legitimacy, the Chinese government's attempt at bolstering legitimacy has emphasized performance-based, responsibility-based, morality-based, and ideology-based arguments in order to gain popular support and maintain regime stability. In order to understand and explain political phenomena in China, it is necessary to revisit the concepts, theories, and sources of legitimacy and their applications in the Chinese context. Contributors of this book have approached legitimacy from both normative and empirical perspectives, and from Western and Chinese perspectives, thus this edited volume offers lessons and insights for and from China, and contributes to the ongoing theoretical debates as well as empirical research on legitimacy in the Chinese context.

Acid Revival

Acid Revival PDF Author: Danielle Giffort
Publisher: U of Minnesota Press
ISBN: 1452959773
Category : Social Science
Languages : en
Pages : 312

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Book Description
A vivid analysis of the history and revival of clinical psychedelic science Psychedelic drugs are making a comeback. In the mid-twentieth century, scientists actively studied the potential of drugs like LSD and psilocybin for treating mental health problems. After a decades-long hiatus, researchers are once again testing how effective these drugs are in relieving symptoms for a wide variety of psychiatric conditions, from depression and obsessive–compulsive disorder to posttraumatic stress disorder and substance addiction. In Acid Revival, Danielle Giffort examines how this new generation of researchers and their allies are working to rehabilitate psychedelic drugs and to usher in a new era of psychedelic medicine. As this team of researchers and mental health professionals revive the field of psychedelic science, they are haunted by the past and by one person in particular: psychedelic evangelist Timothy Leary. Drawing on extensive archival research and interviews with people working on scientific psychedelia, Giffort shows how today’s researchers tell stories about Leary as an “impure” scientist and perform his antithesis to address a series of lingering dilemmas that threaten to rupture their budding legitimacy. Acid Revival presents new information about the so-called psychedelic renaissance and highlights the cultural work involved with the reassembly of dormant areas of medical science. This colorful and accessible history of the rise, fall, and reemergence of psychedelic medicine is infused with intriguing narratives and personalities—a story for popular science aficionados as well as for scholars of the history of science and medicine.

Restoring the Lost Constitution

Restoring the Lost Constitution PDF Author: Randy E. Barnett
Publisher: Princeton University Press
ISBN: 0691159734
Category : Law
Languages : en
Pages : 448

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Book Description
The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.

Reviving the Fourth Estate

Reviving the Fourth Estate PDF Author: Julianne Schultz
Publisher: Cambridge University Press
ISBN: 9780521629706
Category : Language Arts & Disciplines
Languages : en
Pages : 320

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Book Description
The news media is traditionally the watchdog of democracy. Today, it is also one of the most pervasive global industries. In this lively and accessible book, Schultz systematically analyses the role of journalism in Australia and the scope of its democratic purpose. She examines key news stories, and looks at the attitudes of Australian journalists themselves. The fourth estate remains the ideal of most journalists, but the reality has been impaired by the increasing concentration of media ownership and by political, ethical and occupational interests. While Australian journalism has become bolder and more investigative, increasing commercialism and decreasing ethical standards have left the public sceptical. Schultz argues for a revival of the fourth estate based on journalistic independence and poltical autonomy, together with increased accountability and responsiveness.

The End of Authority

The End of Authority PDF Author: Douglas E. Schoen
Publisher: Rowman & Littlefield
ISBN: 1442220325
Category : Political Science
Languages : en
Pages : 269

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Book Description
Around the world, citizens have lost faith in their political and economic institutions—leading to unprecedented levels of political instability and economic volatility. From Moscow to Brussels, from Washington to Cairo, the failure of democracies and autocracies to manage the fiscal and political crises facing us has led to a profound disquiet, spawning protest movements of the left, right, and center. In The End of Authority, Douglas E. Schoen systematically analyzes the leadership crises facing democracies and autocratic governments alike. He presents a firsthand, detailed assessment for why this collapse in trust happened; and offers a comprehensive blueprint for how we can restore public trust in government and economic institutions in a world of division, dissension, and governments clearly lacking in responsiveness to citizen concerns. Schoen outlines bold and clear solutions and offers practical steps to fix our democracy and rebuild international institutions.

Reviving Rationality

Reviving Rationality PDF Author: Michael A. Livermore
Publisher:
ISBN: 0197539440
Category : Law
Languages : en
Pages : 305

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Book Description
Politics and regulation -- A threatening synthesis -- Staying in bounds -- A retreat from reason -- The illusion of costs without benefits -- Erasing public health science -- Resurrecting discredited models -- Ignoring indirect benefits -- Trivializing climate change -- Manipulating transfers -- Future directions -- Improving the guardrails.

Entrepreneurship and Economic Development

Entrepreneurship and Economic Development PDF Author: Steven G. Koven
Publisher: Rowman & Littlefield
ISBN: 1793649855
Category : Political Science
Languages : en
Pages : 259

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Book Description
The U.S. is home to some of the largest corporations on the planet. American entrepreneurs spawned massive companies such as Facebook, Google, Apple, Amazon, and Oracle. Founders of these companies became very wealthy. Government entities and consumers benefited from the unmarketable products entrepreneurial visionaries developed. Entrepreneurship and Economic Development: The People and their Environment provides in-depth case studies of contemporary entrepreneurs that are building the future. The author argues that the famous billionaire entrepreneurs of today such as Gates, Bezos, Zuckerberg, Bloomberg, Page, Brin, Ellison and others possessed individual drive and talent. However, it is also argued that talent may not be enough. Talent withers or thrives in its social, cultural, political and legal environment. The environment of the U.S. and its entrepreneurial "ecosystem" has been conducive to innovators and entrepreneurs of the past such as Benjamin Franklin, Levi Strauss, Henry Ford, and Andrew Carnegie and Thomas Edison. This book explores how both talent and context influence entrepreneurial development.

The SAGE Handbook of Organizational Institutionalism

The SAGE Handbook of Organizational Institutionalism PDF Author: Royston Greenwood
Publisher: SAGE
ISBN: 1526415038
Category : Business & Economics
Languages : en
Pages : 1518

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Book Description
The SAGE Handbook of Organizational Institutionalism brings together extensive coverage of aspects of Institutional Theory and an array of top academic contributors. Now in its Second Edition, the book has been thoroughly revised and reorganised, with all chapters updated to maintain a mix of theory, how to conduct institutional organizational analysis, and contemporary empirical work. New chapters on Translation, Networks and Institutional Pluralism are included to reflect new directions in the field. The Second Edition has also been reorganized into six parts: Part One: Beginnings (Foundations) Part Two: Organizations and their Contexts Part Three: Institutional Processes Part Four: Conversations Part Five: Consequences Part Six: Reflections

China's Foreign Policy Contradictions

China's Foreign Policy Contradictions PDF Author: Tim Nicholas Rühlig
Publisher: Oxford University Press
ISBN: 0197573304
Category : Political Science
Languages : en
Pages : 281

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Book Description
"This book explains the fundamental contradiction in China's foreign policy: contrary to its claims, China does not consistently uphold the principle of state control in its international affairs. This inconsistency is shaping China's impact on the international order. This anthropological study of the foreign policymaking of the opaque Chinese party-state examines three case comparisons: the Responsibility to Protect, Hong Kong and the World Trade Organization. Based on in-depth interviews with party-state officials and an analysis of official documents, the book reveals the internal discussions, diverse set of interests, and dynamics and processes of a party-state in a state of constant transformation. The book demonstrates how competing sources of the Chinese Communist Party's domestic legitimacy combine with the complex and dynamic structure of the Chinese party-state, resulting in contradictory foreign policies. It demonstrates how both legitimization and the party-state structure constitute vulnerabilities of the party-state. Even though China struggles with these domestic vulnerabilities, this does not prevent it from projecting its power internationally or shaping the global order. The book argues that two sets of domestic vulnerabilities explain China's contradictory foreign policy and undermine its ability to project and promote a "China Model" as an alternative to the existing international order. China's contradictory foreign policy is likely to lead to a more particularistic, plural and fragmented international order"--