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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 Law of Loyalty
This monograph elucidates common legal principles underlying the use of juridical powers. 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 of duty and duty; and that the holder is presumptively accountable for any profits extracted from the other-regarding role. These principles stand behind the detailed legal rules that govern these relationships in multiple legal systems and in multiple public and private settings. In private law this includes the powers of trustees, corporate directors, agents and mandataries; in public law it includes all powers held for public purposes, whether they be held by the Prime Minister, by a police officer, or by a judge.
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.
International Legal Positivism in a Post-Modern World
The first comprehensive study of international legal positivism and how this theory operates in twenty-first-century international legal scholarship.
Multinational Democracies
In this book, political scientists provide a collaborative study of multinational democracies and the difficulties in governing them.
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.
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...
Ghost Dancing with Colonialism
Some assume that Canada earned a place among postcolonial states in 1982 when it took charge of its Constitution. Yet despite the formal recognition accorded to Aboriginal and treaty rights at that time, Indigenous peoples continue to argue that they are still being colonized. Grace Woo assesses this allegation using a binary model that distinguishes colonial from postcolonial legality. She argues that two legal paradigms governed the expansion of the British Empire, one based on popular consent, the other on conquest and the power to command. Ghost Dancing with Colonialism casts explanatory light on ongoing tensions between Canada and Indigenous peoples.
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.
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...
