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A Rule of Law for Our New Age of Anxiety
Taking Auden's Age of Anxiety as a leitmotiv and drawing on literature from law, philosophy, political theory, international relations, and sociology, Toope argues with passion that a renewed faith in the rule of law can address troubling developments in our own anxious times: populist nationalism; globalisation; and disruptive technologies with their dominating platforms. We can address anxiety by bolstering social resilience, drawing upon a plural intellectual heritage. That heritage reveals a unique type of 'authority' in society, 'epistemic practical authority' built up continuously through social discourse and action, shifting focus from the state of 'being' to the dynamic of 'becoming.' What is law's role in this world? The modest, yet powerful, version of the rule of law advocated here is one that draws on a wellspring of practical wisdom - prudence gleaned from pragmatic experience. It chastens power, while not disconnecting law from other sources of social action and human agency.
Report of Professor Stephen J. Toope, Fact Finder
This is the report of a fact finder directed to investigate & report on Maher Arar's treatment during his detention in Syria and the effects of this detention on himself & his family. The investigation included review of written materials on the human rights situation in Syria, consultation with an expert on victims of torture, review of public testimony before the Arar Commission, and interviews with Maher Arar, others who had experienced detention in Syrian facilities, and persons & health professionals who had worked with Maher Arar since his return to Canada. The report first discusses what constitutes torture, then presents findings of fact regarding the credibility of Maher Arar's testimony about his Syrian experiences; the detention, interrogation, & torture of Maher Arar in Syria; the physical & psychological effects of torture; and the effects of Maher Arar's experiences on his family, relations with the community, and personal finances & employment.
Legitimacy and Legality in International Law
It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.
Report of Professor Stephen J. Toope, Fact Finder
This is the report of a fact finder directed to investigate & report on Maher Arar's treatment during his detention in Syria and the effects of this detention on himself & his family. The investigation included review of written materials on the human rights situation in Syria, consultation with an expert on victims of torture, review of public testimony before the Arar Commission, and interviews with Maher Arar, others who had experienced detention in Syrian facilities, and persons & health professionals who had worked with Maher Arar since his return to Canada. The report first discusses what constitutes torture, then presents findings of fact regarding the credibility of Maher Arar's testimony about his Syrian experiences; the detention, interrogation, & torture of Maher Arar in Syria; the physical & psychological effects of torture; and the effects of Maher Arar's experiences on his family, relations with the community, and personal finances & employment.
After the Paris Attacks
Based on a conference held on March 9, 2015, at the University of Toronto.
Interdisciplinary Perspectives on International Law and International Relations
Influential writers on international law and international relations explore the making, interpretation and enforcement of international law.
A Rule of Law for Our New Age of Anxiety
"In an age of anxiety, Toope makes the case for a revitalised rule of law to bolster collective resilience and restore our capacity to build healthier societies. A pragmatic approach to the rule of law recognises its ability to chasten power, while not disconnecting law from other sources of social action and human agency"--
The Law of International Lawyers
For decades, Martti Koskenniemi has not just been an influential writer in international law; his work has caused a significant shift in the direction of the field. This book engages with some of the core questions that have animated Koskenniemi's scholarship so far. Its chapters attest to the breadth and depth of Koskenniemi's oeuvre and the different ways in which he has explored these questions. Koskenniemi's work is applied to a wide range of functional areas in international law and discussed in relation to an even broader range of theoretical perspectives, including history, political theory, sociology and international relations theory. These invaluable insights have been expertly brought together by the volume editors, who identify the key and common themes of many of the book's contributions. This volume demonstrates the importance of critical legal scholarship in the ways international law is enacted, shaped and reshaped over time.
