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Foundations of Civil Justice
This book reviews the knowledge corpus about access to civil justice across disciplines and legal traditions and proposes a new research framework for civil justice reform. This framework is intended to foster further critical analysis of the justice system in a systematic and organized way. In particular, the framework underlines the tensions between different values considered as central to the civil justice system, and in doing so potentially allows for conscious, reflected and enlightened choices about the values that are to be prioritized in the reform of justice systems.
The Conditions of Diversity in Multinational Democracies
The Conditions of Diversity in Multinational Democracies studies the many dimensions of diversity in multinational settings. The contributions, from leading experts from Spain, the United Kingdom, Germany, and Canada, consider the theoretical, institutional, and legal conditions for the development of nations that exist within the boundaries of larger political institutions. They examine how various political regimes manage multiple demands for recognition and how their respective approaches toward diversity affect the stability of the state. Contributors include Alain-G. Gagnon, Montserrat Guibernau, Michael Keating, Peter A. Kraus, André Lecours, John Loughlin, Roderick A. Macdonald, Jocelyn Maclure, David McCrone, Kenneth McRoberts, Luis Moreno, François Rocher, Michel Seymour, Stephen Tierney, and Nadia Verrelli.
The Legitimacy Clash
In the coming decade, we may see the advent of multinational federalism on an international scale. As great powers and international organizations become increasingly uncomfortable with the creation of new states, multinational federalism is now an important avenue to explore, and in recent decades, the experiences of Canada and Quebec have had a key influence on the approaches taken to manage national and community diversity around the world. Drawing on comparative scholarship and several key case studies (including Scotland and the United Kingdom, Catalonia and Spain, and the Quebec-Canada dynamic, along with relations between Indigenous peoples and various levels of government), The Legitimacy Clash takes a fresh look at the relationship between majorities and minorities while exploring theoretical advances in both federal studies and contemporary nationalisms. Alain-G. Gagnon critically examines the prospects and potential for a multinational federal state, specifically for nations seeking affirmation in a hostile context. The Legitimacy Clash reflects on the importance of legitimacy over legality in assessing the conflicts of claims.
The Law of Loyalty
The Law of Loyalty is a study of the principles governing the use of legal powers that are held for other-regarding ends. It addresses both public law and private law, and examines both the common law and the civil law. It aims to provide a theory of how Western law regulates the situations in which we hold legal powers, not for ourselves, but for and on behalf of others. It does this by elucidating the justificatory principles that are attracted in those situations. These principles include that other-regarding powers can only properly be used for the purposes for which they were granted; that they should not be used when the holder is in a conflict of self-interest and duty, or a conflict ...
Aspiration and Reality in Legal Education
Using extensive and novel new research, this book explores one of the long-standing challenges in legal education - the prospects for bringing legal theory into the training of future lawyers.
Power and the Psychiatric Apparatus
Drawing on a broad range of approaches in the fields of sociology, anthropology, political science, history, philosophy, medicine and nursing, Power and the Psychiatric Apparatus exposes psychiatric practices that are mobilized along the continuum of repression, transformation and assistance. It critically examines taken for granted psychiatric practices both past and current, shedding light on the often political nature of psychiatry and reconceptualizing its central and sensitive issues through the radical theory of figures such as Foucault, Deleuze and Guattari, Goffman, and Szasz. As such, this ground-breaking collection embraces a broad understanding of psychiatric practices and engages...
Contemporary Majority Nationalism
For many years nationalism has been associated with political demands by minority nations that challenge the rights of the central state. However, over the last two decades many works have challenged this perspective, arguing that nationalism - as a political phenomenon - is likely to emerge among both majority and minority nations. In light of a renewed interest in the study of national Contemporary Majority Nationalism brings together a group of major scholars committed to making sense of this widespread phenomenon. To better illustrate the reality of majority nationalism and the way it has been expressed, authors combine analytical and comparative perspectives. In the first section, contributors highlight the paradox of majority nationalism and the ways in which collective identities become national identities. The second section offers in-depth case study analyses of France, the United Kingdom, Spain, Canada, and the United States. This book is an international project led by three members of the Research Group on Plurinational Societies based at Université du Québec à Montréal.
Property Rights and Bijuralism
"Using the Canadian experience as a model, Jan Jakob Bornheim shows that the efficient interaction of common law and civil law can take place on both vertical and horizontal planes."--
Christianity and Ethnicity in Canada
In Christianity and Ethnicity in Canada, eleven scholars explore the complex relationships between religious and ethnic identity within the nine major Christian traditions in Canada.
Applied Legal Pluralism
This book offers a comparative study of the management of legal pluralism. The authors describe and analyse the way state and non-state legal systems acknowledge legal pluralism – defined as the coexistence of a state and non-state legal systems in the same space in respect of the same subject matter for the same population - and determine its consequences for their own purposes. The book sheds light on the management processes deployed by legal systems in Africa, Canada, Central Europe and the South Pacific, the multitudinous factors circumscribing the action of systems and individuals with respect to legal pluralism, and the effects of management strategies and processes on systems as we...
