Arbitrary Rule

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Author :
Publisher : University of Chicago Press
ISBN 13 : 022601553X
Total Pages : 436 pages
Book Rating : 4.2/5 (26 download)

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Book Synopsis Arbitrary Rule by : Mary Nyquist

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.

Limiting Arbitrary Power

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Author :
Publisher : UBC Press
ISBN 13 : 9780774810517
Total Pages : 220 pages
Book Rating : 4.8/5 (15 download)

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Book Synopsis Limiting Arbitrary Power by : Marc Ribeiro

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.

Arbitrary Rule

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Author :
Publisher : University of Chicago Press
ISBN 13 : 022627179X
Total Pages : 436 pages
Book Rating : 4.2/5 (262 download)

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Book Synopsis Arbitrary Rule by : Mary Nyquist

Download or read book Arbitrary Rule written by Mary Nyquist and published by University of Chicago Press. This book was released on 2015-02-24 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.

Reed's Rules

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Author :
Publisher :
ISBN 13 :
Total Pages : 240 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Reed's Rules by : Thomas Brackett Reed

Download or read book Reed's Rules written by Thomas Brackett Reed and published by . This book was released on 1898 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Model Rules of Professional Conduct

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Author :
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.

Arbitrary States

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Author :
Publisher : Oxford University Press
ISBN 13 : 0198856474
Total Pages : 249 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Arbitrary States by : Rebecca Tapscott

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.

Arbitrary and Capricious

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Author :
Publisher : American Enterprise Institute
ISBN 13 : 9780844741895
Total Pages : 112 pages
Book Rating : 4.7/5 (418 download)

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Book Synopsis Arbitrary and Capricious by : Gary Elvin Marchant

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.

The UN Working Group on Arbitrary Detention

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107034450
Total Pages : 655 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The UN Working Group on Arbitrary Detention by : Jared Genser

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.

Undocumented Immigrants in an Era of Arbitrary Law

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Author :
Publisher : Routledge
ISBN 13 : 1317534336
Total Pages : 201 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis Undocumented Immigrants in an Era of Arbitrary Law by : Robert F. Barsky

Download or read book Undocumented Immigrants in an Era of Arbitrary Law written by Robert F. Barsky and published by Routledge. This book was released on 2015-08-11 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes the experiences of undocumented migrants, all around the world, bringing to life the challenges they face from the moment they consider leaving their country of origin, until the time they are deported back to it. Drawing on a broad array of academic studies, including law, interpretation and translation studies, border studies, human rights, communication, critical discourse analysis and sociology, Robert Barsky argues that the arrays of actions that are taken against undocumented migrants are often arbitrary, and exercised by an array of officials who can and do exercise considerable discretion, both positive and negative. Employing insights from a decade-long research project, Barsky also finds that every stop along the migrant’s pathway into, and inside of, the host country is strewn with language issues, relating to intercultural communication, interpretation, gossip, hearsay, and the challenges of peddling of linguistic wares in the social discourse marketplace. These language issues are almost always impediments to anodyne or productive interactions with host country officials, particularly on the "front-lines" where migrants encounter border patrol and law enforcement officers without adequate means of communicating their situation or understanding their rights. Since undocumented people are categorized as ‘illegal’, they can be subjected to abuse and exploitation by host country officials, who can choose to either tolerate or punish them on the basis of unpredictable, changeable, and even illusory or "arbitrary" laws and regulations. Citing experts at every level of the undocumented immigrant apparatuses worldwide, from public defenders to interpreters, Barsky concludes that the only viable policy to address prevailing abuses and inequalities is to move towards open borders, an approach that would address prevailing issues and, surprisingly, provide security and economic benefits to both host and home countries.

Taxation No Tyranny

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Author :
Publisher :
ISBN 13 :
Total Pages : 92 pages
Book Rating : 4.R/5 ( download)

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Book Synopsis Taxation No Tyranny by : Samuel Johnson

Download or read book Taxation No Tyranny written by Samuel Johnson and published by . This book was released on 1775 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Contesting Political Differentiation

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Author :
Publisher : Springer
ISBN 13 : 3030116980
Total Pages : 271 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis Contesting Political Differentiation by : Erik O. Eriksen

Download or read book Contesting Political Differentiation written by Erik O. Eriksen and published by Springer. This book was released on 2019-02-01 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the causes and nature of political differentiation in Europe. It deals with the normative problem of differentiated integration, both in its vertical and horizontal dimensions, and addresses the problem of differentiation through a theory of democratic autonomy and dominance. A politically differentiated EU could deprive people of their right to co-determine common affairs and have adverse effects for democratic self-rule. It could also take away the people’s ability to influence political decisions that they are ultimately affected by. This book argues that differentiation is not an innocent instrument for handling conflicts in interconnected contexts. The consequences of what might be a benign plea for sovereignty and independence can in fact lead to the opposite.

Arbitrary Justice

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Publisher : Oxford University Press
ISBN 13 : 0199884277
Total Pages : 264 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis Arbitrary Justice by : Angela J. Davis

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.

Law and Morality

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Publisher : University of Toronto Press
ISBN 13 : 9780802084477
Total Pages : 1086 pages
Book Rating : 4.0/5 (844 download)

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Book Synopsis Law and Morality by : David Dyzenhaus

Download or read book Law and Morality written by David Dyzenhaus and published by University of Toronto Press. This book was released on 2001-01-01 with total page 1086 pages. Available in PDF, EPUB and Kindle. Book excerpt: Filling a long-standing need for a Canadian textbook in the philosophy of law, this anthology includes articles, readings, and cases in legal philosophy to give students the conceptual tools necessary to consider the general problems of jurisprudence.

Readings in the Philosophy of Law

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Author :
Publisher : Broadview Press
ISBN 13 : 9781551111797
Total Pages : 580 pages
Book Rating : 4.1/5 (117 download)

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Book Synopsis Readings in the Philosophy of Law by : Keith Culver

Download or read book Readings in the Philosophy of Law written by Keith Culver and published by Broadview Press. This book was released on 1999-12-07 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Democracy, Emergency, and Arbitrary Coercion

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Author :
Publisher : BRILL
ISBN 13 : 9004282572
Total Pages : 235 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Democracy, Emergency, and Arbitrary Coercion by : Nick Sagos

Download or read book Democracy, Emergency, and Arbitrary Coercion written by Nick Sagos and published by BRILL. This book was released on 2014-10-30 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liberal democracies deal poorly with states of emergency because they underestimate the corrosive effect of arbitrary coercion on established liberal democratic values. Far from protecting the rights of citizens, arbitrary emergency measures undermine citizens’ rights.

Red-winged Blackbirds

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Publisher : University of Chicago Press
ISBN 13 : 9780226041872
Total Pages : 324 pages
Book Rating : 4.0/5 (418 download)

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Book Synopsis Red-winged Blackbirds by : Les D. Beletsky

Download or read book Red-winged Blackbirds written by Les D. Beletsky and published by University of Chicago Press. This book was released on 1996 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on detailed data from their sixteen-year study of red-winged blackbirds in the marshes of Washington's Columbia National Wildlife Refuge, Beletsky and Orians analyze the information redwings use to make breeding-season decisions and the consequences these decisions have for lifetime reproductive success. Because male and female redwings make different, and often independent, decisions—males focus on territory acquisition and maintenance, while females must choose when and where to nest and how much energy to invest in reproduction—the authors have taken the novel approach of studying the sexes separately. Using analyses of observational data combined with field experiments and game-theoretical models, the authors provide new insights into the complex patterns of reproductive decision-making and breeding behavior in redwings. This book will be of interest to all who study social animals, including behavioral ecologists, evolutionary biologists, and ornithologists.

Customary International Humanitarian Law

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Publisher : Cambridge University Press
ISBN 13 : 0521808995
Total Pages : 610 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis Customary International Humanitarian Law by : Jean-Marie Henckaerts

Download or read book Customary International Humanitarian Law written by Jean-Marie Henckaerts and published by Cambridge University Press. This book was released on 2005-03-03 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.