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Author: Evan Fox-Decent
Publisher: OUP Oxford
ISBN: 0191630217
Category : Law
Languages : en
Pages : 304
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Book Description
Political theory is traditionally concerned with the justification and limits of state power. It asks: Can states legitimately direct and coerce non-consenting subjects? If they can, what limits, if any, constrain sovereign power? Public law is concerned with the justification and limits of judicial power. It asks: On what grounds can judges 'read down' or 'read in' statutory language against the apparent intention of the legislature? What limits, if any, are appropriate to these exercises of judicial power? This book develops an original constitutional theory of political authority that yields novel answers to both sets of questions. Fox-Decent argues that the state is a fiduciary of its people, and that this fiduciary relationship grounds the state's authority to announce and enforce law. The fiduciary state is conceived of as a public agent of necessity charged with guaranteeing a regime of secure and equal freedom. Whereas the social contract tradition struggles to ground authority on consent, the fiduciary theory explains authority with reference to the state's fiduciary obligation to respect legal principles constitutive of the rule of law. This obligation arises from the state's possession of irresistible public powers. The author begins with a discussion of Hobbes's conception of legality and the problem of discretionary power in administrative law. Drawing on Kant, he sketches a theory of fiduciary relations, and develops the argument through three parts. Part I shows that it is possible for the state to stand in a public fiduciary relationship to its people through a discussion of Crown-Native fiduciary relations recognized by Canadian courts. Part II sets out the theoretical underpinnings of the fiduciary theory of the state. Part III explores the implications of the fiduciary theory for administrative law and common law constitutionalism. The final chapter situates the theory within a broader philosophical discussion of the rule of law.
Author: Evan Fox-Decent
Publisher: OUP Oxford
ISBN: 0191630217
Category : Law
Languages : en
Pages : 304
Get Book Here
Book Description
Political theory is traditionally concerned with the justification and limits of state power. It asks: Can states legitimately direct and coerce non-consenting subjects? If they can, what limits, if any, constrain sovereign power? Public law is concerned with the justification and limits of judicial power. It asks: On what grounds can judges 'read down' or 'read in' statutory language against the apparent intention of the legislature? What limits, if any, are appropriate to these exercises of judicial power? This book develops an original constitutional theory of political authority that yields novel answers to both sets of questions. Fox-Decent argues that the state is a fiduciary of its people, and that this fiduciary relationship grounds the state's authority to announce and enforce law. The fiduciary state is conceived of as a public agent of necessity charged with guaranteeing a regime of secure and equal freedom. Whereas the social contract tradition struggles to ground authority on consent, the fiduciary theory explains authority with reference to the state's fiduciary obligation to respect legal principles constitutive of the rule of law. This obligation arises from the state's possession of irresistible public powers. The author begins with a discussion of Hobbes's conception of legality and the problem of discretionary power in administrative law. Drawing on Kant, he sketches a theory of fiduciary relations, and develops the argument through three parts. Part I shows that it is possible for the state to stand in a public fiduciary relationship to its people through a discussion of Crown-Native fiduciary relations recognized by Canadian courts. Part II sets out the theoretical underpinnings of the fiduciary theory of the state. Part III explores the implications of the fiduciary theory for administrative law and common law constitutionalism. The final chapter situates the theory within a broader philosophical discussion of the rule of law.
Author: Amanda R. Tachine
Publisher: Teachers College Press
ISBN: 0807766135
Category : Education
Languages : en
Pages : 225
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Book Description
What is at stake when our young people attempt to belong to a college environment that reflects a world that does not want them for who they are? In this compelling book, Navajo scholar Amanda Tachine takes a personal look at 10 Navajo teenagers, following their experiences during their last year in high school and into their first year in college. It is common to think of this life transition as a time for creating new connections to a campus community, but what if there are systemic mechanisms lurking in that community that hurt Native students' chances of earning a degree? Tachine describes these mechanisms as systemic monsters and shows how campus environments can be sites of harm for Indigenous students due to factors that she terms monsters' sense of belonging, namely assimilating, diminishing, harming the worldviews of those not rooted in White supremacy, heteropatriarchy, capitalism, racism, and Indigenous erasure. This book addresses the nature of those monsters and details the Indigenous weapons that students use to defeat them. Rooted in love, life, sacredness, and sovereignty, these weapons reawaken students' presence and power. Book Features: Introduces an Indigenous methodological approach called story rug that demonstrates how research can be expanded to encompass all our senses. Weaves together Navajo youths' stories of struggle and hope in educational settings, making visible systemic monsters and Indigenous weaponry. Draws from Navajo knowledge systems as an analytic tool to connect history to present and future realities. Speaks to the contemporary situation of Native peoples, illuminating the challenges that Native students face in making the transition to college. Examines historical and contemporary realities of Navajo systemic monsters, such as the financial hardship monster, deficit (not enough) monster, failure monster, and (in)visibility monster. Offers insights for higher education institutions that are seeking ways to create belonging for diverse students.
Author: Alexandra Harmon
Publisher: University of Washington Press
ISBN: 0295800461
Category : Political Science
Languages : en
Pages : 384
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Book Description
Treaties with Native American groups in the Pacific Northwest have had profound and long-lasting implications for land ownership, resource access, and political rights in both the United States and Canada. In The Power of Promises, a distinguished group of scholars, representing many disciplines, discuss the treaties' legacies. In North America, where treaties have been employed hundreds of times to define relations between indigenous and colonial societies, many such pacts have continuing legal force, and many have been the focus of recent, high-stakes legal contests. The Power of Promises shows that Indian treaties have implications for important aspects of human history and contemporary existence, including struggles for political and cultural power, law's effect on people's self-conceptions, the functions of stories about the past, and the process of defining national and ethnic identities.
Author: Benn Steil
Publisher: Yale University Press
ISBN: 0300156146
Category : Business & Economics
Languages : en
Pages : 301
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Book Description
Winner of the 2010 Hayek Book Prize given by the Manhattan Institute "Money, Markets and Sovereignty is a surprisingly easy read, given the complicated issues covered. In it, Mr. Steil and Mr. Hinds consistently challenge today's statist nostrums."—Doug Bandow, The Washington Times In this keenly argued book, Benn Steil and Manuel Hinds offer the most powerful defense of economic liberalism since F. A. Hayek published The Road to Serfdom more than sixty years ago. The authors present a fascinating intellectual history of monetary nationalism from the ancient world to the present and explore why, in its modern incarnation, it represents the single greatest threat to globalization. Steil and Hinds describe the current state of international economic relations as both unusual and precarious. Eras of economic protectionism have historically coincided with monetary nationalism, while eras of liberal trade have been accompanied by a universal monetary standard. But today, the authors show, an unprecedentedly liberal global trade regime operates side by side with the most extreme doctrine of monetary nationalism ever contrived—a situation bound to trigger periodic crises. Steil and Hinds call for a revival of the political and economic thinking that underlay earlier great periods of globalization, thinking that is increasingly under threat by more recent ideas about what sovereignty means.
Author: Anna Simmons
Publisher: Naval Institute Press
ISBN: 1612510663
Category : Political Science
Languages : en
Pages : 241
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Book Description
The Sovereignty Solution is not an Establishment national security strategy. Instead, it describes what the U.S. could actually do to restore order to the world without having to engage in either global policing or nation-building. Currently there is no coherent plan that addresses questions like: If terrorists were to strike Chicago tomorrow, what would we do? When Chicago is burning, whom would we target? How would we respond? There is nothing in place and no strategy on the horizon to either reassure the American public or warn the world: attack us, and this is what you can expect. In this book, a Naval Postgraduate School professor and her Special Forces coauthors offer a radical yet commonsensical approach to recalibrating global security. Their book discusses what the United States could actually do to restore order to the world without having to engage in either global policing or nation-building. Two tracks to their strategy are presented: strengthening state responsibility abroad and strengthening the social fabric at home. The authors’ goal is to provoke a serious debate that addresses the gaps and disconnects between what the United States says and what it does, how it wants to be perceived, and how it is perceived. Without leaning left or right, they hope to draw many people into the debate and force Washington to rethink what it sends service men and women abroad to do.
Author: Marisa Elena Duarte
Publisher: University of Washington Press
ISBN: 029574183X
Category : Social Science
Languages : en
Pages : 207
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Book Description
In 2012, the United Nations General Assembly determined that affordable Internet access is a human right, critical to citizen participation in democratic governments. Given the significance of information and communication technologies (ICTs) to social and political life, many U.S. tribes and Native organizations have created their own projects, from streaming radio to building networks to telecommunications advocacy. In Network Sovereignty, Marisa Duarte examines these ICT projects to explore the significance of information flows and information systems to Native sovereignty, and toward self-governance, self-determination, and decolonization. By reframing how tribes and Native organizations harness these technologies as a means to overcome colonial disconnections, Network Sovereignty shifts the discussion of information and communication technologies in Native communities from one of exploitation to one of Indigenous possibility.
Author: Adam Mabry
Publisher: The Good Book Company
ISBN: 178498549X
Category : Religion
Languages : en
Pages : 186
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Book Description
Love and wrath. Sovereignty and responsibility. Victory and suffering. Some of the truths we read in the Bible seem to be in opposition to each other. We naturally tend to gravitate towards a side, but when we lose sight of one truth in order to protect the other, we are in danger of becoming proud, creating division, and diminishing our faith. In this compelling, inspiring, and at times provocative book, Adam Mabry urges us to stop taking sides and refuse to participate in tribalism by mapping out a way to hold in tension truths that we so often divide over. You’ll discover how our joy and our witness rest on us learning to hold to all that the Scriptures teach and growing in virtue as we do. You’ll learn how to wrestle with all that the Scriptures say, to embrace mystery, to listen closely, and to speak with clarity.
Author: Robert A. Yelle
Publisher: University of Chicago Press
ISBN: 022658559X
Category : Religion
Languages : en
Pages : 281
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Book Description
Sovereignty and the Sacred challenges contemporary models of polity and economy through a two-step engagement with the history of religions. Beginning with the recognition of the convergence in the history of European political theology between the sacred and the sovereign as creating “states of exception”—that is, moments of rupture in the normative order that, by transcending this order, are capable of re-founding or remaking it—Robert A. Yelle identifies our secular, capitalist system as an attempt to exclude such moments by subordinating them to the calculability of laws and markets. The second step marshals evidence from history and anthropology that helps us to recognize the contribution of such states of exception to ethical life, as a means of release from the legal or economic order. Yelle draws on evidence from the Hebrew Bible to English deism, and from the Aztecs to ancient India, to develop a theory of polity that finds a place and a purpose for those aspects of religion that are often marginalized and dismissed as irrational by Enlightenment liberalism and utilitarianism. Developing this close analogy between two elemental domains of society, Sovereignty and the Sacred offers a new theory of religion while suggesting alternative ways of organizing our political and economic life. By rethinking the transcendent foundations and liberating potential of both religion and politics, Yelle points to more hopeful and ethical modes of collective life based on egalitarianism and popular sovereignty. Deliberately countering the narrowness of currently dominant economic, political, and legal theories, he demonstrates the potential of a revived history of religions to contribute to a rethinking of the foundations of our political and social order.
Author: Gary W. Cox
Publisher: Cambridge University Press
ISBN: 1107140625
Category : Business & Economics
Languages : en
Pages : 237
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Book Description
This book offers a new theory of state growth, based on the creation of credible and prudent state budgets.
Author: R. C. Sproul
Publisher: Tyndale House Publishers, Inc.
ISBN: 1414361149
Category : Religion
Languages : en
Pages : 196
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Book Description
Nearly 200,000 copies sold! Chosen by God by Dr. R. C. Sproul is a contemporary classic on predestination, a doctrine that isn’t just for Calvinists. It is a doctrine for all biblical Christians. In this updated and expanded edition of Chosen by God, Sproul shows that the doctrine of predestination doesn’t create a whimsical or spiteful picture of God, but rather paints a portrait of a loving God who provides redemption for radically corrupt humans. We choose God because he has opened our eyes to see his beauty; we love him because he first loved us. There is mystery in God’s ways, but not contradiction.
