Download or read book Limiting Arbitrary Power written by Marc Ribeiro and published by UBC Press. This book was released on 2004 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Arbitrary Justice written by Angela J. Davis and published by Oxford University Press. This book was released on 2007-04-12 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens when public prosecutors, the most powerful officials in the criminal justice system, seek convictions instead of justice? Why are cases involving well-to-do victims often prosecuted more vigorously than those involving poor victims? Why do wealthy defendants frequently enjoy more lenient plea bargains than the disadvantaged? In this eye-opening work, Angela J. Davis shines a much-needed light on the power of American prosecutors, revealing how the day-to-day practice of even the most well-intentioned prosecutors can result in unequal treatment of defendants and victims. Ranging from mandatory minimum sentencing laws that enhance prosecutorial control over the outcome of cases, to the increasing politicization of the office, Davis uses powerful stories of individuals caught in the system to demonstrate how the perfectly legal exercise of prosecutorial discretion can result in gross inequities in criminal justice. For the paperback edition, Davis provides a new Afterword which covers such recent incidents of prosecutorial abuse as the Jena Six case, the Duke lacrosse case, the Department of Justice firings, and more.
Download or read book Arbitrary Rule written by Mary Nyquist and published by University of Chicago Press. This book was released on 2013-05-10 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Slavery appears as a figurative construct during the English revolution of the mid-seventeenth century, and again in the American and French revolutions, when radicals represent their treatment as a form of political slavery. What, if anything, does figurative, political slavery have to do with transatlantic slavery? In Arbitrary Rule, Mary Nyquist explores connections between political and chattel slavery by excavating the tradition of Western political thought that justifies actively opposing tyranny. She argues that as powerful rhetorical and conceptual constructs, Greco-Roman political liberty and slavery reemerge at the time of early modern Eurocolonial expansion; they help to create racialized “free” national identities and their “unfree” counterparts in non-European nations represented as inhabiting an earlier, privative age. Arbitrary Rule is the first book to tackle political slavery’s discursive complexity, engaging Eurocolonialism, political philosophy, and literary studies, areas of study too often kept apart. Nyquist proceeds through analyses not only of texts that are canonical in political thought—by Aristotle, Cicero, Hobbes, and Locke—but also of literary works by Euripides, Buchanan, Vondel, Montaigne, and Milton, together with a variety of colonialist and political writings, with special emphasis on tracts written during the English revolution. She illustrates how “antityranny discourse,” which originated in democratic Athens, was adopted by republican Rome, and revived in early modern Western Europe, provided members of a “free” community with a means of protesting a threatened reduction of privileges or of consolidating a collective, political identity. Its semantic complexity, however, also enabled it to legitimize racialized enslavement and imperial expansion. Throughout, Nyquist demonstrates how principles relating to political slavery and tyranny are bound up with a Roman jurisprudential doctrine that sanctions the power of life and death held by the slaveholder over slaves and, by extension, the state, its representatives, or its laws over its citizenry.
Download or read book Arbitrary Power written by William Keach and published by Princeton University Press. This book was released on 2015-07-28 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores previously unexamined links between the arbitrary as articulated in linguistic theories on the one hand, and in political discourse about power on the other. In particular, Willam Keach shows how Enlightenment conceptions of the arbitrary were contested and extended in British Romantic writing. In doing so, he offers a new paradigm for understanding the recurrent problem of verbal representation in Romantic writing and the disputes over stylistic performance during this period. With clarity and force, Keach reads these phenomena in relation to a rapidly shifting literary marketplace and to the social pressures in Britain generated by the French Revolution, the Napoleonic Wars, and the class antagonisms that culminated in the Peterloo Massacre. The question of what it means to think of language or politics as arbitrary persists through postmodern thinking, and this book advances an unfinished dialogue between Romantic culture and the critical techniques we currently use to analyze it. Keach's intertwined linguistic and political account of arbitrary power culminates in a detailed textual analysis of the language of revolutionary violence. Including substantial sections on Blake, Wollstonecraft, Wordsworth, Coleridge, Byron, P. B. Shelley, Keats, and Anna Jameson, Arbitrary Power will engage not only students and scholars of eighteenth- and nineteenth-century literature but also those interested in critical and linguistic theory and in social and political history.
Download or read book Arbitrary Power written by William Keach and published by Princeton University Press. This book was released on 2015-07-28 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores previously unexamined links between the arbitrary as articulated in linguistic theories on the one hand, and in political discourse about power on the other. In particular, Willam Keach shows how Enlightenment conceptions of the arbitrary were contested and extended in British Romantic writing. In doing so, he offers a new paradigm for understanding the recurrent problem of verbal representation in Romantic writing and the disputes over stylistic performance during this period. With clarity and force, Keach reads these phenomena in relation to a rapidly shifting literary marketplace and to the social pressures in Britain generated by the French Revolution, the Napoleonic Wars, and the class antagonisms that culminated in the Peterloo Massacre. The question of what it means to think of language or politics as arbitrary persists through postmodern thinking, and this book advances an unfinished dialogue between Romantic culture and the critical techniques we currently use to analyze it. Keach's intertwined linguistic and political account of arbitrary power culminates in a detailed textual analysis of the language of revolutionary violence. Including substantial sections on Blake, Wollstonecraft, Wordsworth, Coleridge, Byron, P. B. Shelley, Keats, and Anna Jameson, Arbitrary Power will engage not only students and scholars of eighteenth- and nineteenth-century literature but also those interested in critical and linguistic theory and in social and political history.
Download or read book Arbitrary States written by Rebecca Tapscott and published by Oxford University Press. This book was released on 2021 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, scholars have noted the rise of a particular type of authoritarianism worldwide, in which rulers manipulate institutions designed to implement the rule of law so that they instead facilitate the exercise of arbitrary power. Even as scholars puzzle over this seemingly new phenomenon, scholarship on African politics offers helpful answers. This book places literature on the post-colonial African state in conversation with literature on modern authoritarianism, using this to frame over ten months of qualitative field research on Uganda's informal security actors - including vigilante groups, local militias, and community police. Based on this research, the book presents an original framework - called 'institutionalized arbitrariness' - to explain how modern authoritarian rulers project arbitrary power even in environments of relatively functional state institutions, checks and balances and the rule of law. In regimes characterized by institutionalized arbitrariness, the state's stochastic assertions and withdrawals of power inject unpredictability into the political relationship between both local authorities and citizens. This arrangement makes it difficult for citizens to predict which authority, if any, will claim jurisdiction in a given scenario, and what rules will apply. This environment of pervasive political unpredictability limits space for collective action and political claim-making, while keeping citizens marginally engaged in the democratic process. The book is grounded in empirical research and literature theorizing the African state, while seeking to inform a broader debate about contemporary forms of authoritarianism, state-building, and state consolidation. Oxford Studies in African Politics and International Relations is a series for scholars and students working on African politics and International Relations and related disciplines. Volumes concentrate on contemporary developments in African political science, political economy, and International Relations, such as electoral politics, democratization, decentralization, gender and political representation, the political impact of natural resources, the dynamics and consequences of conflict, comparative political thought, and the nature of the continent's engagement with the East and West. Comparative and mixed methods work is particularly encouraged, as is interdisciplinary research and work that considers ethical issues relating to the study of Africa. Case studies are welcomed but should demonstrate the broader theoretical and empirical implications of the study and its wider relevance to contemporary debates. The focus of the series is on sub-Saharan Africa, although proposals that explain how the region engages with North Africa and other parts of the world are of interest. Series Editors: Nic Cheeseman, Professor of Democracy and International Development, University of Birmingham; Peace Medie, Senior Lecturer in Gender and International Politics, University of Bristol; and Ricardo Soares de Oliveira, Professor of the International Politics of Africa, University of Oxford. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.
Download or read book Archives and Societal Provenance written by Michael Piggott and published by Elsevier. This book was released on 2012-10-22 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Power to Destroy written by John A. Andrew and published by Ivan R. Dee Publisher. This book was released on 2002 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Andrew confirms in this groundbreaking exploration what many have suspected for a long time: that presidents, political appointees, and bureaucrats have attempted to use the Internal Revenue Service to punish their enemies.
Download or read book Private Government written by Elizabeth Anderson and published by Princeton University Press. This book was released on 2019-04-30 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why our workplaces are authoritarian private governments—and why we can’t see it One in four American workers says their workplace is a “dictatorship.” Yet that number almost certainly would be higher if we recognized employers for what they are—private governments with sweeping authoritarian power over our lives. Many employers minutely regulate workers’ speech, clothing, and manners on the job, and employers often extend their authority to the off-duty lives of workers, who can be fired for their political speech, recreational activities, diet, and almost anything else employers care to govern. In this compelling book, Elizabeth Anderson examines why, despite all this, we continue to talk as if free markets make workers free, and she proposes a better way to think about the workplace, opening up space for discovering how workers can enjoy real freedom.
Download or read book The UN Working Group on Arbitrary Detention written by Jared Genser and published by Cambridge University Press. This book was released on 2019-09-26 with total page 655 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a practical guide to freeing political prisoners and provides a comprehensive review of this UN body's 1,200 jurisprudence cases.
Download or read book Two Treatises of Government written by John Locke and published by . This book was released on 2020 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law and Leviathan written by Cass R. Sunstein and published by Belknap Press. This book was released on 2020-09-15 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the Scribes Book Award “As brilliantly imaginative as it is urgently timely.” —Richard H. Fallon, Jr., Harvard Law School “At no time more than the present, a defense of expertise-based governance and administration is sorely needed, and this book provides it with gusto.” —Frederick Schauer, author of The Proof A highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? America has long been divided over these questions, but the debate has recently taken on more urgency and spilled into the streets. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed so long as public officials are constrained by morality and guided by stable rules. Officials should make clear rules, ensure transparency, and never abuse retroactivity, so that current guidelines are not under constant threat of change. They should make rules that are understandable and avoid issuing contradictory ones. These principles may seem simple, but they have a great deal of power. Already, they limit the activities of administrative agencies every day. In more robust form, they could address some of the concerns of critics who decry the “deep state” and yearn for its downfall. “Has something to offer both critics and supporters...a valuable contribution to the ongoing debate over the constitutionality of the modern state.” —Review of Politics “The authors freely admit that the administrative state is not perfect. But, they contend, it is far better than its critics allow.” —Wall Street Journal
Download or read book Republicanism and Political Theory written by Cecile Laborde and published by John Wiley & Sons. This book was released on 2009-02-04 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Republicanism and Political Theory is the first book to offer a comprehensive and critical survey of republican political theory. Critically assesses its historical credentials, conceptual coherence, and normative proposals Brings together original contributions from leading international scholars in an interactive way Provides the reader with valuable insight into new debates taking place in republican political theory
Download or read book The Spirit of Laws written by Charles de Secondat baron de Montesquieu and published by . This book was released on 1886 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Human Forms written by Ian Duncan and published by Princeton University Press. This book was released on 2019-09-03 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: A major rethinking of the European novel and its relationship to early evolutionary science The 120 years between Henry Fielding's Tom Jones (1749) and George Eliot's Middlemarch (1871) marked both the rise of the novel and the shift from the presumption of a stable, universal human nature to one that changes over time. In Human Forms, Ian Duncan reorients our understanding of the novel's formation during its cultural ascendancy, arguing that fiction produced new knowledge in a period characterized by the interplay between literary and scientific discourses—even as the two were separating into distinct domains. Duncan focuses on several crisis points: the contentious formation of a natural history of the human species in the late Enlightenment; the emergence of new genres such as the Romantic bildungsroman; historical novels by Walter Scott and Victor Hugo that confronted the dissolution of the idea of a fixed human nature; Charles Dickens's transformist aesthetic and its challenge to Victorian realism; and George Eliot's reckoning with the nineteenth-century revolutions in the human and natural sciences. Modeling the modern scientific conception of a developmental human nature, the novel became a major experimental instrument for managing the new set of divisions—between nature and history, individual and species, human and biological life—that replaced the ancient schism between animal body and immortal soul. The first book to explore the interaction of European fiction with "the natural history of man" from the late Enlightenment through the mid-Victorian era, Human Forms sets a new standard for work on natural history and the novel.
Download or read book Arbitrary and Capricious written by Gary Elvin Marchant and published by American Enterprise Institute. This book was released on 2004 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examines how the European Union has used the precautionary principle in legal decisions.
Download or read book Thoughts on Government Applicable to the Present State of the American Colonies written by John Adams and published by . This book was released on 1776 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt:
