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A Culture Of Justification
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Book Synopsis A Culture of Justification by : Paul Daly
Download or read book A Culture of Justification written by Paul Daly and published by UBC Press. This book was released on 2023-08-15 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Canadian administrative law was bedevilled for many decades by uncertainty and confusion. In 2019, the Supreme Court of Canada sought to bring this chaos to an end in its landmark decision Canada (Minister of Citizenship and Immigration) v Vavilov. In A Culture of Justification, Paul Daly builds a framework for understanding why several previous reform efforts failed and assesses the proposition that Vavilov might very well succeed in providing a roadmap to a brighter future. This engaging, in-depth study of one of the most important areas of Canadian law shows readers how a newly emerged “culture of justification” allows courts and citizens to insist on the reasoned exercise of public power by the administrative state.
Book Synopsis Proportionality and Constitutional Culture by : Moshe Cohen-Eliya
Download or read book Proportionality and Constitutional Culture written by Moshe Cohen-Eliya and published by Cambridge University Press. This book was released on 2013-06-13 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparison of proportionality, the dominant doctrine in constitutional law worldwide, with the American doctrine of balancing.
Book Synopsis Proportionality and the Rule of Law by : Grant Huscroft
Download or read book Proportionality and the Rule of Law written by Grant Huscroft and published by Cambridge University Press. This book was released on 2014-04-21 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: To speak of human rights in the twenty-first century is to speak of proportionality. Proportionality has been received into the constitutional doctrine of courts in continental Europe, the United Kingdom, Canada, New Zealand, Israel, South Africa, and the United States, as well as the jurisprudence of treaty-based legal systems such as the European Convention on Human Rights. Proportionality provides a common analytical framework for resolving the great moral and political questions confronting political communities. But behind the singular appeal to proportionality lurks a range of different understandings. This volume brings together many of the world's leading constitutional theorists - proponents and critics of proportionality - to debate the merits of proportionality, the nature of rights, the practice of judicial review, and moral and legal reasoning. Their essays provide important new perspectives on this leading doctrine in human rights law.
Book Synopsis Public Law Adjudication in Common Law Systems by : John Bell
Download or read book Public Law Adjudication in Common Law Systems written by John Bell and published by Bloomsbury Publishing. This book was released on 2016-04-07 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume arises from the inaugural Public Law Conference hosted in September 2014 by the Centre for Public Law at the University of Cambridge, which brought together leading public lawyers from a number of common law jurisdictions. While those from such jurisdictions share background understandings, significant differences within the common law world create opportunities for valuable exchanges of ideas and debate. This collection draws upon one of the principal sub-themes that emerged during the conference – namely, the the way in which relationships and distinctions between the notions of 'process' and 'substance' play out in relation to and inform adjudication in public law cases. The essays contained in this volume address those issues from a variety of perspectives. While the bulk of the chapters consider topical issues in judicial review, either on common law or human rights grounds, or both, other chapters adopt more theoretical, historical, empirical or contextual approaches. Concluding chapters reflect generally on the papers in the collection and the value of facilitating cross-jurisdictional dialogue.
Download or read book On Justification written by Luc Boltanski and published by Princeton University Press. This book was released on 2021-11-09 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: A vital and underappreciated dimension of social interaction is the way individuals justify their actions to others, instinctively drawing on their experience to appeal to principles they hope will command respect. Individuals, however, often misread situations, and many disagreements can be explained by people appealing, knowingly and unknowingly, to different principles. On Justification is the first English translation of Luc Boltanski and Laurent Thévenot's ambitious theoretical examination of these phenomena, a book that has already had a huge impact on French sociology and is likely to have a similar influence in the English-speaking world. In this foundational work of post-Bourdieu sociology, the authors examine a wide range of situations where people justify their actions. The authors argue that justifications fall into six main logics exemplified by six authors: civic (Rousseau), market (Adam Smith), industrial (Saint-Simon), domestic (Bossuet), inspiration (Augustine), and fame (Hobbes). The authors show how these justifications conflict, as people compete to legitimize their views of a situation. On Justification is likely to spark important debates across the social sciences.
Book Synopsis Justification, Volume 1 by : Michael Horton
Download or read book Justification, Volume 1 written by Michael Horton and published by Zondervan Academic. This book was released on 2018-11-27 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first of a two-volume project delving into the doctrine of justification. Michael Horton seeks not simply to recover a clear message of its role in modern Reformed theology, but also to bring a fresh discovery of the gospel in a time when contemporary debates around justification have reignited. The doctrine of justification stands at the center of our systematic reflection on the meaning of salvation and grace as well as our piety, mission, and life together. And yet, within mainline Protestant and evangelical theology, it's often taken for granted or left to gather dust in favor of modern concerns and self-renewal. Volume 1 is an exercise in historical theology, exploring the doctrine of justification from the patristic era to the Reformation. This book: Provides a map for contemporary discussions of justification, identifying and engaging principal sources: Origen, Chrysostom, Augustine, Thomas Aquinas, John Duns Scotus, William of Ockham, Gabriel Biel, and the magisterial reformers. Studies the transformations of the doctrine through Aquinas, Scotus and the nominalists leading up to the era of the Reformation and the Council of Trent. Concludes by examining the hermeneutical and theological significance of the Reformers' understanding of the law and the gospel and the resultant covenantal scheme that became formative in Reformed theology. Engaging and thorough, Justification will not only reenergize the reader—whether Protestant or Catholic—with a passion for understanding this essential and long-running doctrinal conversation, but also challenge anyone to engage critically with the history of the Church and the heart of the gospel.
Book Synopsis Proportionality and Deference Under the UK Human Rights Act by : Alan D. P. Brady
Download or read book Proportionality and Deference Under the UK Human Rights Act written by Alan D. P. Brady and published by Cambridge University Press. This book was released on 2012-05-03 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: A rigorous analysis of the relationship between proportionality and deference under the Human Rights Act.
Book Synopsis Understanding Administrative Law in the Common Law World by : Paul Daly
Download or read book Understanding Administrative Law in the Common Law World written by Paul Daly and published by Oxford University Press. This book was released on 2021 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new framework for understanding contemporary administrative law, through a comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand. The author argues that the field is structured by four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy.
Book Synopsis Reason, Justification, and Contractualism by : Markus Stepanians
Download or read book Reason, Justification, and Contractualism written by Markus Stepanians and published by Walter de Gruyter GmbH & Co KG. This book was released on 2021-09-20 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book collects major original essays developed from lectures given at the award of the Lauener Prize 2016 to T. M. Scanlon for his outstanding oeuvre in Analytical philosophy. In "Contractualism and Justification," Scanlon identifies some difficulties in his theory and explores possible ways to deal with them. In "Improving Scanlon’s Contractualism," D. Parfit recommends revisions and extensions of Scanlon’s theory, while R. Forst suggests in "Justification Fundamentalism" that Scanlon may want to replace reason with justification as his foundational concept. T. Nagel raises fundamental questions concerning "Moral Reality and Moral Progress," and S. Mantel offers in "On How to Explain Rational Motivation" a critical discussion of Scanlon’s cognitivist theory of motivation. Z. Stemplowska does the same for Scanlon’s conception of responsibility in "Substantive Responsibility and the Causal Thesis," and S. Olsaretti suggests in "Equality of Opportunity and Justified Inequalities" an alternative to Scanlon’s arguments against economic inequalities. All contributors receive extensive replies by Scanlon. For anyone interested in Scanlon’s seminal work in moral and political philosophy, the present volume is utterly indispensable.
Book Synopsis The Scope and Intensity of Substantive Review by : Hanna Wilberg
Download or read book The Scope and Intensity of Substantive Review written by Hanna Wilberg and published by Bloomsbury Publishing. This book was released on 2015-11-26 with total page 691 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inspired by the work of Professor Michael Taggart, this collection of essays from across the common law world is concerned with two separate but related themes. First, to what extent and by what means should review on substantive grounds such as unreasonableness be expanded and intensified? Jowell, Elliott and Varuhas all agree with Taggart that proportionality should not 'sweep the rainbow', but propose different schemes for organising and conceptualising substantive review. Groves and Weeks, and Hoexter evaluate the state of substantive review in Australia and South Africa respectively. The second theme concerns the broader (Canadian) sense of substantive review including the illegality grounds, and whether deference should extend to these grounds. Cane and Aronson consider the relevance and impact of different constitutional and doctrinal settings. Wilberg and Daly address questions concerning when and how deference is to operate once it is accepted as appropriate in principle. Rights-based review is discussed in a separate third part because it raises both of the above questions. Geiringer, Sales and Walters examine the choices to be made in settling the approach in this area, each focusing on a different dichotomy. Taggart's work is notable for treating these various aspects of substantive review as parts of a broader whole, and for his search for an appropriate balance between judicial scrutiny and administrative autonomy across this entire area. By bringing together essays on all these topics, this volume seeks to build on that approach.
Book Synopsis Unjust by Design by : S. Ronald Ellis
Download or read book Unjust by Design written by S. Ronald Ellis and published by UBC Press. This book was released on 2013 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unjust by Design describes a system in need of major restructuring. Written by a respected critic, it presents a modern theory of administrative justice fit for that purpose. It also provides detailed blueprints for the changes the author believes would be necessary if justice were to in fact assume its proper role in Canada’s administrative justice system.
Book Synopsis Track: Justification by : Greg Meyer
Download or read book Track: Justification written by Greg Meyer and published by Christian Focus. This book was released on 2022-01-14 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justification is part of the grand story of God's love and salvation that is unfolded in the Bible. In it we see the very heart of God displayed: His steadfast love for sinners, His free mercy and grace, and His perfect justice. In this short book Greg Meyer explains what justification means - and how it applies to your life. By deepening your understanding of what Justification is and what it means for your life, you will find lasting comfort and joy.
Book Synopsis A Theory of Deference in Administrative Law by : Paul Daly
Download or read book A Theory of Deference in Administrative Law written by Paul Daly and published by Cambridge University Press. This book was released on 2012-06-28 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Paul Daly develops a theory concerning the appropriate allocation of authority between courts and administrative bodies.
Book Synopsis The Pastor's Justification by : Jared C. Wilson
Download or read book The Pastor's Justification written by Jared C. Wilson and published by Crossway. This book was released on 2013 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Neither a how-to manual nor an academic treatise on pastoral ministry, this book of biblical exposition, pastoral confession, and gospel exultation directs pastors to their only justification: the finished work of Christ.
Book Synopsis Justification and Emancipation by : Amy Allen
Download or read book Justification and Emancipation written by Amy Allen and published by Penn State Series in Critical Theory. This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays on the work of German political theorist Rainer Forst, covering subjects such as justice, toleration, and the critique of power from within a normative theory of justice and law.
Book Synopsis Morality and Legality of Secession by : Pau Bossacoma Busquets
Download or read book Morality and Legality of Secession written by Pau Bossacoma Busquets and published by Springer Nature. This book was released on 2019-11-19 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores secession from three normative disciplines: political philosophy, international law and constitutional law. The author first develops a moral theory of secession based on a hypothetical multinational contract. Under this contract theory, injustices do not determine the existence of a right to secede, but the requirements to exercise it. The book’s second part then argues that international law is more inclined to accept and advance a remedial right approach to secession. Therefore, justice as multinational fairness is to be fully institutionalized under the constitutional law of liberal democracies. The final part proposes constitutionalizing a qualified right to secede with the aim of fostering recognition and accommodation of national pluralism as well as cooperation and compromise between majority and minority nations.
Book Synopsis The Universal Right to Education by : Joel Spring
Download or read book The Universal Right to Education written by Joel Spring and published by Routledge. This book was released on 2000-04 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Joel Spring offers a powerful and closely reasoned justification and definition for the universal right to education--applicable to all cultures--as provided for in Article 26 of the United Nation's Universal Declaration of Human Rights. One sixth of the world's population, nearly 855 million people, are functionally illiterate, and 130 million children in developing countries are without access to basic education. Spring argues that in our crowded global economy, educational deprivation has dire consequences for human welfare. Such deprivation diminishes political power. Education is essential for providing citizens with the tools for resisting totalitarian and repressive governments and economic exploitation. What is to be done? The historically grounded, highly original analysis and proposals Spring sets forth in this book go a long way toward answering this urgent question. Spring first looks at the debates leading up to the Universal Declaration of Human Rights in 1948, to see how the various writers dealt with the issue of cultural differences. These discussions provide a framework for examining the problem of reconciling cultural differences with universal concepts. He next expands on the issue of education and cultural differences by proposing a justification for education that is applicable to indigenous peoples and minority cultures and languages. This justification is then applied to all people within the current global economy. Acknowledging that the right to an education is inseparable from children's rights, he uses the concept of a universal right to education to justify children's rights, and, in turn, applies his definition of children's liberty rights to the concept of education. His synthesis of cultural, language, and children's rights provides the basis for a universal justification and definition for the right to education -- which, in the concluding chapters, Spring uses to propose universal guidelines for human rights education, and instruction in literacy, numeracy, cultural centeredness, and moral economy.
