An Exceptional Law

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An Exceptional Law

Author : Dennis G. Molinaro
Publisher : University of Toronto Press
ISBN 13 : 1442629606
Total Pages : 352 pages
Book Rating : 4.4/5 (426 download)

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Book Synopsis An Exceptional Law by : Dennis G. Molinaro

Download or read book An Exceptional Law written by Dennis G. Molinaro and published by University of Toronto Press. This book was released on 2017-05-08 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: During periods of intense conflict, either at home or abroad, governments enact emergency powers in order to exercise greater control over the society that they govern. The expectation though is that once the conflict is over, these emergency powers will be lifted. An Exceptional Law showcases how the emergency law used to repress labour activism during the First World War became normalized with the creation of Section 98 of the Criminal Code, following the Winnipeg General Strike. Dennis G. Molinaro argues that the institutionalization of emergency law became intricately tied to constructing a national identity. Following a mass deportation campaign in the 1930s, Section 98 was repealed in 1936 and contributed to the formation of Canada’s first civil rights movement. Portions of it were used during the October Crisis and recently in the Anti-Terrorism Act of 2015. Building on the theoretical framework of Agamben, Molinaro advances our understanding of security as ideology and reveals the intricate and codependent relationship between state-formation, the construction of liberal society, and exclusionary practices.

An Exceptional Law

Author : Dennis G. Molinaro
Publisher : University of Toronto Press
ISBN 13 : 1442629584
Total Pages : 348 pages
Book Rating : 4.4/5 (426 download)

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Book Synopsis An Exceptional Law by : Dennis G. Molinaro

Download or read book An Exceptional Law written by Dennis G. Molinaro and published by University of Toronto Press. This book was released on 2017-01-01 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: An Exceptional Law showcases how the emergency law used to repress labour activism during the First World War became normalized with the creation of Section 98 of the Criminal Code, following the Winnipeg General Strike.

Between the Norm and the Exception

Author : William E. Scheuerman
Publisher : MIT Press
ISBN 13 : 9780262691963
Total Pages : 348 pages
Book Rating : 4.6/5 (919 download)

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Book Synopsis Between the Norm and the Exception by : William E. Scheuerman

Download or read book Between the Norm and the Exception written by William E. Scheuerman and published by MIT Press. This book was released on 1997-01-22 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner, 1996 Elaine and David Spitz Book Prize for the best book onliberal and democratic theory, Conference for the Study of Political Thought. Winner, 1994 First Book Prize, Foundations of Political Thought Organized Section, American Political Science Association. Between the Norm and the Exception contributes historical insight to the ongoing debate over the future of the rule of law in welfare-state capitalist democracies. The core issue is whether or not society can offer its citizens welfare-state guarantees and still preserve the liberal vision of a norm-based legal system. Franz Neumann and Otto Kirchheimer, in an age dominated by Hitler and Stalin, sought to establish a sound theoretical basis for the "rule of law" ideal. As an outcome of their sophisticated understanding of the liberal political tradition, their writings suggest a theoretical missed opportunity, an alternative critical theory that might usefully be applied in understanding (and perhaps countering) the contemporary trend toward the deformalization of law.

States of Exception

Author : Cosmin Cercel
Publisher : Routledge
ISBN 13 : 9780367529062
Total Pages : 218 pages
Book Rating : 4.5/5 (29 download)

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Book Synopsis States of Exception by : Cosmin Cercel

Download or read book States of Exception written by Cosmin Cercel and published by Routledge. This book was released on 2022-02-24 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the relevance of the state of exception for the analysis of law, while reflecting on the deeper symbolic and jurisprudential significance of the coalescence between law and force. The concept of the state of exception has become a central topos in political and legal philosophy as well as in critical theory. The theoretical apparatus of the state of exception sharply captures the uneasy relationship between law, life and politics in the contemporary global setting, while also challenging the comforting narratives that uncritically connect democracy with the tradition of the rule of law. Drawing on critical legal theory, continental jurisprudence, political philosophy and history, this book explores the genealogy of the concept of the state of exception and reflects on its legal embodiment in past and present contexts - including Weimar and Nazi Germany, contemporary Europe and Turkey. In doing so, it explores the disruptive force of the exception for legal and political thought, as it recuperates its contemporary critical potential. The book will be of interest to students and scholars in the field of jurisprudence, philosophy and critical legal theory.

Exceptional America

Author : Mugambi Jouet
Publisher : Univ of California Press
ISBN 13 : 0520966465
Total Pages : 358 pages
Book Rating : 4.5/5 (29 download)

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Book Synopsis Exceptional America by : Mugambi Jouet

Download or read book Exceptional America written by Mugambi Jouet and published by Univ of California Press. This book was released on 2017-04-03 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why did Donald Trump follow Barack Obama into the White House? Why is America so polarized? And how does American exceptionalism explain these social changes? In this provocative book, Mugambi Jouet describes why Americans are far more divided than other Westerners over basic issues, including wealth inequality, health care, climate change, evolution, gender roles, abortion, gay rights, sex, gun control, mass incarceration, the death penalty, torture, human rights, and war. Raised in Paris by a French mother and Kenyan father, Jouet then lived in the Bible Belt, Manhattan, and beyond. Drawing inspiration from Alexis de Tocqueville, he wields his multicultural sensibility to parse how the intense polarization of U.S. conservatives and liberals has become a key dimension of American exceptionalism—an idea widely misunderstood as American superiority. While exceptionalism once was a source of strength, it may now spell decline, as unique features of U.S. history, politics, law, culture, religion, and race relations foster grave conflicts. They also shed light on the intriguing ideological evolution of American conservatism, which long predated Trumpism. Anti-intellectualism, conspiracy-mongering, a visceral suspicion of government, and Christian fundamentalism are far more common in America than the rest of the Western world—Europe, Canada, Australia, and New Zealand. Exceptional America dissects the American soul, in all of its peculiar, clashing, and striking manifestations.

The International Law of Human Rights and States of Exception

Author : Anna-Lena Svensson-McCarthy
Publisher : BRILL
ISBN 13 : 9004479317
Total Pages : 808 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The International Law of Human Rights and States of Exception by : Anna-Lena Svensson-McCarthy

Download or read book The International Law of Human Rights and States of Exception written by Anna-Lena Svensson-McCarthy and published by BRILL. This book was released on 2021-09-27 with total page 808 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study demonstrates the extensive protection that international law provides to human rights even in the most serious of emergencies when they are particularly vulnerable. Based on a meticulous analysis of preparatory works and practice under the International Covenant on Civil and Political Rights, as well as the American and European Conventions on Human Rights, and with a special chapter on the International Labour Organisation's approach to international labour standards and emergencies, this book shows that respect for the rule of law and the concept of a democratic society are controlling parameters in any valid limitation on the enjoyment of human rights. It further shows that respect for human rights and the operation of institutions such as the Legislature and Judiciary are crucial to enabling societies to address and eventually remedy the root causes of emergency situations. The study recommends possible directions for the development of case law and suggests some practical means to help ensure that international legal requirements are in fact respected in emergencies.

The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes

Author : Zena Prodromou
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403520019
Total Pages : 313 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes by : Zena Prodromou

Download or read book The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes written by Zena Prodromou and published by Kluwer Law International B.V.. This book was released on 2020-08-12 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.

State of Exception

Author : Giorgio Agamben
Publisher : University of Chicago Press
ISBN 13 : 0226009262
Total Pages : 108 pages
Book Rating : 4.2/5 (26 download)

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Book Synopsis State of Exception by : Giorgio Agamben

Download or read book State of Exception written by Giorgio Agamben and published by University of Chicago Press. This book was released on 2008-07-18 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two months after the attacks of 9/11, the Bush administration, in the midst of what it perceived to be a state of emergency, authorized the indefinite detention of noncitizens suspected of terrorist activities and their subsequent trials by a military commission. Here, distinguished Italian philosopher Giorgio Agamben uses such circumstances to argue that this unusual extension of power, or "state of exception," has historically been an underexamined and powerful strategy that has the potential to transform democracies into totalitarian states. The sequel to Agamben's Homo Sacer: Sovereign Power and Bare Life, State of Exception is the first book to theorize the state of exception in historical and philosophical context. In Agamben's view, the majority of legal scholars and policymakers in Europe as well as the United States have wrongly rejected the necessity of such a theory, claiming instead that the state of exception is a pragmatic question. Agamben argues here that the state of exception, which was meant to be a provisional measure, became in the course of the twentieth century a normal paradigm of government. Writing nothing less than the history of the state of exception in its various national contexts throughout Western Europe and the United States, Agamben uses the work of Carl Schmitt as a foil for his reflections as well as that of Derrida, Benjamin, and Arendt. In this highly topical book, Agamben ultimately arrives at original ideas about the future of democracy and casts a new light on the hidden relationship that ties law to violence.

Empire, Emergency and International Law

Author : John Reynolds
Publisher : Cambridge University Press
ISBN 13 : 1107172519
Total Pages : 343 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Empire, Emergency and International Law by : John Reynolds

Download or read book Empire, Emergency and International Law written by John Reynolds and published by Cambridge University Press. This book was released on 2017-08-10 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the states of emergency exposing the intersections between colonial law, international law, imperialism and racial discrimination.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Jurisprudence of Emergency

Author : Nasser Hussain
Publisher : University of Michigan Press
ISBN 13 : 0472037536
Total Pages : 211 pages
Book Rating : 4.4/5 (72 download)

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Book Synopsis The Jurisprudence of Emergency by : Nasser Hussain

Download or read book The Jurisprudence of Emergency written by Nasser Hussain and published by University of Michigan Press. This book was released on 2019-08-02 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Jurisprudence of Emergency examines British rule in India from the late eighteenth to the early twentieth century, tracing tensions between the ideology of liberty and government by law used to justify the colonizing power's insistence on a regime of conquest. Nasser Hussain argues that the interaction of these competing ideologies exemplifies a conflict central to all Western legal systems—between the universal, rational operation of law on the one hand and the absolute sovereignty of the state on the other. The author uses an impressive array of historical evidence to demonstrate how questions of law and emergency shaped colonial rule, which in turn affected the development of Western legality. The pathbreaking insights developed in The Jurisprudence of Emergency reevaluate the place of colonialism in modern law by depicting the colonies as influential agents in the interpretation of Western ideas and practices. Hussain's interdisciplinary approach and subtly shaded revelations will be of interest to historians as well as scholars of legal and political theory.

The Lives of the Constitution

Author : Joseph Tartakovsky
Publisher : Encounter Books
ISBN 13 : 1641770635
Total Pages : 227 pages
Book Rating : 4.6/5 (417 download)

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Book Synopsis The Lives of the Constitution by : Joseph Tartakovsky

Download or read book The Lives of the Constitution written by Joseph Tartakovsky and published by Encounter Books. This book was released on 2019-10-08 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a fascinating blend of biography and history, Joseph Tartakovsky tells the epic and unexpected story of our Constitution through the eyes of ten extraordinary individuals—some renowned, like Alexander Hamilton and Woodrow Wilson, and some forgotten, like James Wilson and Ida B. Wells-Barnett. Tartakovsky brings to life their struggles over our supreme law from its origins in revolutionary America to the era of Obama and Trump. Sweeping from settings as diverse as Gold Rush California to the halls of Congress, and crowded with a vivid Dickensian cast, Tartakovsky shows how America’s unique constitutional culture grapples with questions like democracy, racial and sexual equality, free speech, economic liberty, and the role of government. Joining the ranks of other great American storytellers, Tartakovsky chronicles how Daniel Webster sought to avert the Civil War; how Alexis de Tocqueville misunderstood America; how Robert Jackson balanced liberty and order in the battle against Nazism and Communism; and how Antonin Scalia died warning Americans about the ever-growing reach of the Supreme Court. From the 1787 Philadelphia Convention to the clash over gay marriage, this is a grand tour through two centuries of constitutional history as never told before, and an education in the principles that sustain America in the most astonishing experiment in government ever undertaken.

Constitutionalism Under Extreme Conditions

Author : Richard Albert
Publisher : Springer Nature
ISBN 13 : 3030490009
Total Pages : 445 pages
Book Rating : 4.0/5 (34 download)

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Book Synopsis Constitutionalism Under Extreme Conditions by : Richard Albert

Download or read book Constitutionalism Under Extreme Conditions written by Richard Albert and published by Springer Nature. This book was released on 2020-09-24 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the problem of constitutional change in times of crisis. Divided into five main parts, it both explores and interrogates how public law manages change in periods of extraordinary pressure on the constitution. In Part I, “Emergency, Exception and Normalcy,” the contributors discuss the practices and methods that could be used to help legitimize the use of emergency powers without compromising the constitutional principles that were created during a period of normalcy. In Part II, “Terrorism and Warfare,” the contributors assess how constitutions are interpreted during times of war, focusing on the tension between individual rights and safety. Part III, “Public Health, Financial and Economic Crises,” considers how constitutions change in response to crises that are neither political in the conventional sense nor violent, which also complicates how we evaluate constitutional resilience in times of stress. Part IV, “Constitutionalism for Divided Societies,” then investigates the pressure on constitutions designed to govern diverse, multi-national populations, and how constitutional structures can facilitate stability and balance in these states. Part V, titled “Constitution-Making and Constitutional Change,” highlights how constitutions are transformed or created anew during periods of tension. The book concludes with a rich contextual discussion of the pressing challenges facing constitutions in moments of extreme pressure. Chapter “Public Health Emergencies and Constitutionalism Before COVID-19: Between the National and the International” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

The 48 Laws of Power

Author : Robert Greene
Publisher : Penguin
ISBN 13 : 0670881465
Total Pages : 481 pages
Book Rating : 4.6/5 (78 download)

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Book Synopsis The 48 Laws of Power by : Robert Greene

Download or read book The 48 Laws of Power written by Robert Greene and published by Penguin. This book was released on 2023-10-31 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Amoral, cunning, ruthless, and instructive, this multi-million-copy New York Times bestseller is the definitive manual for anyone interested in gaining, observing, or defending against ultimate control – from the author of The Laws of Human Nature. In the book that People magazine proclaimed “beguiling” and “fascinating,” Robert Greene and Joost Elffers have distilled three thousand years of the history of power into 48 essential laws by drawing from the philosophies of Machiavelli, Sun Tzu, and Carl Von Clausewitz and also from the lives of figures ranging from Henry Kissinger to P.T. Barnum. Some laws teach the need for prudence (“Law 1: Never Outshine the Master”), others teach the value of confidence (“Law 28: Enter Action with Boldness”), and many recommend absolute self-preservation (“Law 15: Crush Your Enemy Totally”). Every law, though, has one thing in common: an interest in total domination. In a bold and arresting two-color package, The 48 Laws of Power is ideal whether your aim is conquest, self-defense, or simply to understand the rules of the game.

The Parody Exception in Copyright Law

Author : Sabine Jacques
Publisher : Oxford University Press
ISBN 13 : 0192529986
Total Pages : 280 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Parody Exception in Copyright Law by : Sabine Jacques

Download or read book The Parody Exception in Copyright Law written by Sabine Jacques and published by Oxford University Press. This book was released on 2019-03-07 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Parodies have been created throughout times and cultures. A glimpse at the general judicial latitude generally afforded to parodies, satires, caricatures, and pastiches demonstrates the social and cultural value of this particular form of artistic expression. With the advent of technologies and the evolution of copyright legislation, creative endeavours in the form of parody gathered a new youth but became unlawful. While copyright law grants exclusive rights to right-holders, this right is not absolute. Legislation includes specific exceptions, which preclude right-holders from exercising their prerogatives in particular cases which foster creativity and cultural diversity within that society. The parody exception pertains to this ultimate objective by permitting users to reproduce copyright-protected materials for the purpose of parody. To understand the meaning and scope of the parody exception, this book examines and compares five jurisdictions which differ in their protection of parodies: France, Australia, Canada, the US and the United Kingdom. This book is concerned with finding an appropriate balance between the protection awarded to right-holders and the public interest. This is achieved by analysing the parody exception to the economic rights of right-holders, the preservation of moral rights and the interaction of the parody exception with contract law. As parodies constitute an artistic expression protected under the right to freedom of expression, this book also considers the influence of freedom of expression on the interpretation of this specific copyright exception. Furthermore, this book aims at providing guidance on how to resolve conflicts where fundamental rights are in conflict. This is the first book in English to offer an in-depth investigation into the parody exception in copyright law, and comments on industry practices linked to this form of creative endeavours.

Keeping Hold of Justice

Author : Jennifer Balint
Publisher : University of Michigan Press
ISBN 13 : 0472131680
Total Pages : 219 pages
Book Rating : 4.4/5 (721 download)

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Book Synopsis Keeping Hold of Justice by : Jennifer Balint

Download or read book Keeping Hold of Justice written by Jennifer Balint and published by University of Michigan Press. This book was released on 2020-02-17 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Keeping Hold of Justice focuses on a select range of encounters between law and colonialism from the early nineteenth century to the present. It emphasizes the nature of colonialism as a distinctively structural injustice, one which becomes entrenched in the social, political, legal, and discursive structures of societies and thereby continues to affect people’s lives in the present. It charts, in particular, the role of law in both enabling and sustaining colonial injustice and in recognizing and redressing it. In so doing, the book seeks to demonstrate the possibilities for structural justice that still exist despite the enduring legacies and harms of colonialism. It puts forward that these possibilities can be found through collaborative methodologies and practices, such as those informing this book, that actively bring together different disciplines, peoples, temporalities, laws and ways of knowing. They reveal law not only as a source of colonial harm but also as a potential means of keeping hold of justice.

The Comprehensive Guide to Special Education Law

Author : George A. Giuliani
Publisher : Jessica Kingsley Publishers
ISBN 13 : 9780857005854
Total Pages : 320 pages
Book Rating : 4.0/5 (58 download)

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Book Synopsis The Comprehensive Guide to Special Education Law by : George A. Giuliani

Download or read book The Comprehensive Guide to Special Education Law written by George A. Giuliani and published by Jessica Kingsley Publishers. This book was released on 2012-05-15 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is vital for all professionals in the field of education to have a practical understanding of the laws that are in place to protect the children with whom they work. The Comprehensive Guide to Special Education Law is a detailed yet accessible introduction to federal law as it applies to the rights of children with special needs. Written in a user-friendly question and answer format, the book covers all of the key areas of special education law including parental rights of participation, the legal right to Free Appropriate Public Education (FAPE) and related services, and the complex issues of discipline and dispute resolutions. This book provides educators with knowledge of the requirements, history, and evolution of the laws that impact their daily working lives and gives them the information they need to help parents obtain better services for their children. This is an indispensible handbook that teachers, school management, and school counselors will refer to again and again.