A Culture Of Justification
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A Culture Of Justification
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Author : Paul Daly
language : en
Publisher: UBC Press
Release Date : 2023-08-15
A Culture Of Justification written by Paul Daly and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-15 with Law categories.
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.
Proportionality And The Rule Of Law
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Author : Grant Huscroft
language : en
Publisher: Cambridge University Press
Release Date : 2014-04-21
Proportionality And The Rule Of Law written by Grant Huscroft and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-21 with Law categories.
Leading constitutional theorists debate the merits of proportionality, the nature of rights, the practice of judicial review, and moral and legal reasoning.
Proportionality And Constitutional Culture
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Author : Moshe Cohen-Eliya
language : en
Publisher: Cambridge University Press
Release Date : 2013-06-13
Proportionality And Constitutional Culture written by Moshe Cohen-Eliya and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-13 with Law categories.
Although the most important constitutional doctrine worldwide, a thorough cultural and historical examination of proportionality has not taken place until now. This comparison of proportionality with its counterpart in American constitutional law - balancing - shows how culture and history can create deep differences in seemingly similar doctrines. Owing to its historical origin in Germany, proportionality carries to this day a pro-rights association, while the opposite is the case for balancing. In addition, European legal and political culture has shaped proportionality as intrinsic to the state's role in realizing shared values, while in the United States a suspicion-based legal and political culture has shaped balancing in more pragmatic and instrumental terms. Although many argue that the USA should converge on proportionality, the book shows that a complex web of cultural associations make it an unlikely prospect.
Public Law Adjudication In Common Law Systems
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Author : John Bell
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-04-07
Public Law Adjudication In Common Law Systems written by John Bell and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-07 with Law categories.
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.
Proportionality And Deference Under The Uk Human Rights Act
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Author : Alan D. P. Brady
language : en
Publisher: Cambridge University Press
Release Date : 2012-05-03
Proportionality And Deference Under The Uk Human Rights Act written by Alan D. P. Brady and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-03 with Law categories.
A rigorous analysis of the relationship between proportionality and deference under the Human Rights Act.
Unjust By Design
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Author : S. Ronald Ellis
language : en
Publisher: UBC Press
Release Date : 2013
Unjust By Design written by S. Ronald Ellis and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with History categories.
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.
The Universal Right To Education
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Author : Joel Spring
language : en
Publisher: Routledge
Release Date : 2000-04
The Universal Right To Education written by Joel Spring and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-04 with Education categories.
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.
The Oxford Handbook Of Virtue
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Author : Nancy E. Snow
language : en
Publisher: Oxford University Press
Release Date : 2018
The Oxford Handbook Of Virtue written by Nancy E. Snow and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Philosophy categories.
The late twentieth and early twenty-first centuries have seen a renaissance in the study of virtue -- a topic that has prevailed in philosophical work since the time of Aristotle. Several major developments have conspired to mark this new age. Foremost among them, some argue, is the birth of virtue ethics, an approach to ethics that focuses on virtue in place of consequentialism (the view that normative properties depend only on consequences) or deontology (the study of what we have a moral duty to do). The emergence of new virtue theories also marks this new wave of work on virtue. Put simply, these are theories about what virtue is, and they include Kantian and utilitarian virtue theories. Concurrently, virtue ethics is being applied to other fields where it hasn't been used before, including bioethics and education. In addition to these developments, the study of virtue in epistemological theories has become increasingly widespread to the point that it has spawned a subfield known as 'virtue epistemology.' This volume therefore provides a representative overview of philosophical work on virtue. It is divided into seven parts: conceptualizations of virtue, historical and religious accounts, contemporary virtue ethics and theories of virtue, central concepts and issues, critical examinations, applied virtue ethics, and virtue epistemology. Forty-two chapters by distinguished scholars offer insights and directions for further research. In addition to philosophy, authors also deal with virtues in non-western philosophical traditions, religion, and psychological perspectives on virtue.
On Justification
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Author : Luc Boltanski
language : en
Publisher: Princeton University Press
Release Date : 2021-11-09
On Justification written by Luc Boltanski and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-09 with Social Science categories.
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.
Reason Justification And Contractualism
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Author : Markus Stepanians
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2021-09-20
Reason Justification And Contractualism written by Markus Stepanians and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-20 with Philosophy categories.
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.