Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Administrative Law (1)
- African American Studies (1)
- African History (1)
- African Studies (1)
- American Politics (1)
-
- American Studies (1)
- Arts and Humanities (1)
- Communication (1)
- Comparative Politics (1)
- Continental Philosophy (1)
- Critical and Cultural Studies (1)
- Cultural History (1)
- Defense and Security Studies (1)
- Epistemology (1)
- Ethics and Political Philosophy (1)
- Ethnic Studies (1)
- European History (1)
- Feminist Philosophy (1)
- Feminist, Gender, and Sexuality Studies (1)
- French and Francophone Language and Literature (1)
- Gender, Race, Sexuality, and Ethnicity in Communication (1)
- History (1)
- Indigenous Studies (1)
- International and Area Studies (1)
- Judges (1)
- Jurisdiction (1)
- Law and Race (1)
- Legislation (1)
Articles 1 - 2 of 2
Full-Text Articles in Jurisprudence
The Politics Of Wounds, Jonathan Nash
The Politics Of Wounds, Jonathan Nash
Electronic Thesis and Dissertation Repository
What configuration of strategies and discourses enable the white male and settler body politic to render itself as simultaneously wounded and invulnerable? I contextualize this question by reading the discursive continuities between Euro-America’s War on Terror post-9/11 and Algeria’s War for Independence. By interrogating political-philosophical responses to September 11, 2001 beside American rhetoric of a wounded nation, I argue that white nationalism, as a mode of settler colonialism, appropriates the discourses of political wounding to imagine and legitimize a narrative of white hurt and white victimhood; in effect, reproducing and hardening the borders of the nation-state. Additionally, by turning to …
The Clarity Of Reasonableness Since Dunsmuir: Mission (Mostly) Accomplished, Ryan D. Robb
The Clarity Of Reasonableness Since Dunsmuir: Mission (Mostly) Accomplished, Ryan D. Robb
Electronic Thesis and Dissertation Repository
This project develops an interpretive account of the single reasonableness standard as it has evolved in the Canadian Supreme Court case law since its introduction in New Brunswick (Board of Management) v. Dunsmuir. My analyses show, contrary to the bulk of the academic commentary, that reasonableness is a clear and coherent standard of review. Specifically I show that in the eyes of the Court, interference owing to unreasonableness is required only when decisions are not justified in the context of the legal framework. Unjustified decisions demand interference because they are arbitrary in the sense that the powers of the …