Freedom, Legality, And The Rule Of Law, 2016 Southern New Hampshire University
Freedom, Legality, And The Rule Of Law, John A. Bruegger
Washington University Jurisprudence Review
There are numerous interactions between the rule of law and the concept of freedom. We can see this by looking at Fuller’s eight principles of legality, the positive and negative theories of liberty, coercive and empowering laws, and the formal and substantive rules of law. Adherence to the rules of formal legality promotes freedom by creating stability and predictability in the law, on which the people can then rely to plan their behaviors around the law—this is freedom under the law. Coercive laws can actually promote negative liberty by pulling people out of a Hobbesian state of nature ...
The Constitutionalization Of Indian Private Law, 2016 University of Pennsylvania Law School
The Constitutionalization Of Indian Private Law, Shyamkrishna Balganesh
In this Essay, I examine the interaction between Indian constitutional law and Indian tort law. Using the context of the Indian Supreme Court’s dramatic expansion of its fundamental rights jurisprudence over the last three decades, I argue that while the Court’s conscious and systematic effort to transcend the public law/private law divide and incorporate concepts and mechanisms from the latter into the former might have produced a few immediate and highly salient benefits for the public law side of the system, its long terms effects on India’s private law edifice have been devastating. The Court’s ...
Restorative Justice From The Margins To The Center- The Emergence Of A New Norm In School Discipline.Pdf, 2015 UCLA School of Law & Occidental College
Restorative Justice From The Margins To The Center- The Emergence Of A New Norm In School Discipline.Pdf, Thalia Gonzalez
White Faces In A Black Movement: Why Their Voices Matter, 2015 City University of New York (CUNY)
White Faces In A Black Movement: Why Their Voices Matter, Chauncey L. Alcorn
This story follows the lives of two white activists in New York's Black Lives Matter movement. It examines the largely ignored impact white activists have had on the BLM movement and also explores the history of white activists in the abolitionist and Civil Rights movements. The climax details a highly-publicized spat between rival Black Lives Matter organizations that happened during a Dec. 4 protest to commemorate the one-year anniversary of Officer Daniel Pantaleo's non-indictment in Garner's death. My main character, a white male, was blamed for causing the rift and was asked to step down from his ...
Institutional Consensus: A Comparative Analysis Of Rules Of Law In Lebanon And Somalia, 2015 University of Puget Sound
Institutional Consensus: A Comparative Analysis Of Rules Of Law In Lebanon And Somalia, Becca Ebert
Politics & Government Undergraduate Theses
Situated within broader contexts of literature on the origin of rule of law, this paper analyzes the rules of law in Lebanon and Somalia and offers commentary on the relationship between weak states and the rule of law. Both divided states that succumbed to brutal civil wars, Somalia was able to foster a strong rule of law whereas Lebanon was not. Rule of law, in this analysis, requires a common conception of justice and institutions that embody these values. Following Paul Kahn’s prescription for a cultural study of law, this paper analyzes the emergence of social consensus and institutional ...
Three Voices Of Socio-Legal Studies, 2015 Berkeley Law
Three Voices Of Socio-Legal Studies, Malcolm M. Feeley
No abstract provided.
The Liberal As An Enemy Of Queer Justice, 2015 Independent Scholar
The Liberal As An Enemy Of Queer Justice, Craig Schamel
Catalyst: A Social Justice Forum
Liberalism as a historical mode of the political is the context in which the movement and ensuing struggle for queer justice emerged in most Western countries. The terminology, practices, tendencies, beliefs, ethics, laws, and patterns of political and social life which have been determined by this mode of the political, it is argued, are inimical to queer justice and render its achievement impossible. Liberalism as a mode of the political is approached from below, from knowledge gained in practical experience in queer groups which considered themselves revolutionary at least to some degree, and from the effects on such groups ...
The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, 2015 Osgoode Hall Law School of York University
The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud
Some legal theorists deny that states can conceivably act extralegally in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen and has more recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and ultimately contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.
Criminalizing The State, 2015 Osgoode Hall Law School of York University
Criminalizing The State, François Tanguay-Renaud
François Tanguay-Renaud, Associate Professor, Osgood Hall Law School speaks about political theory and criminal law, asking the underexplored question of whether the state, as opposed to its individual members, can intelligibly and legitimately be criminalized, with a specific focus on the possibility of its domestic criminalization. He identifies the core objections to the criminalization of states, for example, objections to the condemnation and punishment of the state, as a result of a suitably ‘criminal’ process of public accountability, for the culpable perpetration of legal wrongs. He then investigate ways in which these objections can be challenged.
Islamic Legal Theory And The Legitimacy Of Secular Positive Law: Is Modern Religious Liberty Sufficient For The Islamic Legal Maqsad ('Ultimate Objective') Of Hifz Al-Din ('Preserving Religion')?, 2015 Yale University
Islamic Legal Theory And The Legitimacy Of Secular Positive Law: Is Modern Religious Liberty Sufficient For The Islamic Legal Maqsad ('Ultimate Objective') Of Hifz Al-Din ('Preserving Religion')?, Andrew March, Mohamad Al-Hakim, Michael Giudice, François Tanguay-Renaud
Andrew F. March, Associate Professor of Political Science, Yale University, examines some treatments of the meaning and extension of the Islamic legal purpose (maqad) of protecting religion (hifz al-din), with an eye towards Islamic legal theorists’ explicit or implicit encounter with modern liberal and secularist understandings of what it means to “protect religion.” Respondent: Mohamad Al-Hakim, York University, Philosophy.
Crime And The Distribution Of Security, 2015 University of Warwick
Crime And The Distribution Of Security, Victor Tadros, Susan Dimock, François Tanguay-Renaud
Victor Tadros, University of Warwick, speaks about a theory of criminalization and constraints on conduct. He considers the application of the harm principle and suggests that in addition to this harm constraint a wrongfulness constraint and a punishment constraint could also be considered. He also investigates the principles that govern decisions around the criminalization of conduct.
Rethinking Criminal Law Theory: New Canadian Perspectives In The Philosophy Of Domestic, Transnational, And International Criminal Law, 2015 Osgoode Hall Law School of York University
Rethinking Criminal Law Theory: New Canadian Perspectives In The Philosophy Of Domestic, Transnational, And International Criminal Law, François Tanguay-Renaud, James Stribopoulos
In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at the level of the International Criminal Court and of specific war crimes tribunals, they have also begun to turn their attention ...
Emergency Powers And Constitutional Theory, 2015 National University of Singapore
Emergency Powers And Constitutional Theory, Victor V. Ramraj, François Tanguay-Renaud, Michael Guidice
Drawing on the experiences of aspiring constitutional orders in Southeast Asia (East Timor, Malaysia, Singapore and Thailand) with emergency powers, Victor V. Ramraj, National University of Singapore, seeks to shift the attention of constitutional theorists away from parochial debates, towards an understanding of constitutional theory and emergency powers that extends beyond the familiar domain of liberal democracies. respondent: François Tanguay-Renaud Osgoode
Four Concepts Of Validity: Further Reflections On The Inclusive/Exclusive Positivism Debate, 2015 McMaster University
Four Concepts Of Validity: Further Reflections On The Inclusive/Exclusive Positivism Debate, Will Waluchow, Leslie Green, Michael Guidice, François Tanguay-Renaud
Wil Waluchow, McMaster University, discusses four concepts of legal validity and how these might help understand the role of constitutional moral tests for legal validity. Respondent: Les Green Osgoode Hall Law School/Oxford University
The Independent Press After The "Moroccan Spring", 2015 Sidi Mohammed Ben Abdellah University, Faculty of Letters Dhar El Mehraz
The Independent Press After The "Moroccan Spring", Hamza Tayebi
The wave of Arab Spring that started in Tunisia and Egypt arrived to Morocco in 2011 paving the way to unprecedented organized mass-protests all over the country. Among the demands raised by the 20 February Movement protesters was the demand for free and independent media outlets, especially the press. King Mohammed VI, the Commander of the Faithful and the highest authority in Morocco, promised in a televised speech on March 9th to introduce "radical" and "genuine" constitutional reforms that would democratize the country. In fact, King Mohammed VI has so far succeeded in calming down and co-opting the demonstrations, but ...
Philosophical Inquiry And Social Practice, 2015 University at Buffalo School of Law
Philosophical Inquiry And Social Practice, John Henry Schlegel
No abstract provided.
Resurrecting The "Dead" Second Amendment: How The Libertarian Legal Movement Has Shaped Gun Control Litigation, Anthony M. Sierzega
Politics Honors Papers
For nearly two centuries following its adoption, the Second Amendment was largely ignored and even referred to as a “dead amendment.” Virtually all legal scholarship considered the right protected by the amendment to be a collective right written into the Constitution to protect local militias from a powerful federal standing army. However, beginning in the late 1970s a surge of libertarian scholarship began to emerge promoting the Second Amendment as a safeguard for an individual right to bear arms without any connection to military service. Promoted by the National Rifle Association and libertarian theorists, the individual-right theory began to gain ...
Functionally Suspect: Reconceptualizing "Race" As A Suspect Classification, 2015 Georgia State University College of Law
Functionally Suspect: Reconceptualizing "Race" As A Suspect Classification, Lauren Sudeall Lucas
Faculty Publications By Year
In the context of equal protection doctrine, race has become untethered from the criteria underlying its demarcation as a classification warranting heightened scrutiny. As a result, it is no longer an effective vehicle for challenging the existing social and political order; instead, its primary purpose under current doctrine is to signal the presence of an impermissible basis for differential treatment.
This Symposium Article suggests that, to more effectively serve its underlying normative goals, equal protection should prohibit not discrimination based on race per se, but government actions that implicate the concerns leading to race’s designation as a suspect classification ...
Inspiring Public Trust In The Domestic Legal System: The Impact Of The Extraordinary Chambers In The Courts Of Cambodia (Eccc), Jung Min Shin
Independent Study Project (ISP) Collection
No abstract provided.
The Responsibility To Protect: Emerging Norm Or Failed Doctrine?, 2015 Pepperdine University
The Responsibility To Protect: Emerging Norm Or Failed Doctrine?, Camila Pupparo
This paper seeks to investigate the current shift from the non-intervention norm towards the “Responsibility to Protect,” commonly abbreviated as “RtoP,” which actually mandates intervention in cases of humanitarian intervention disasters. I will look at the May 2011 application of the R2P doctrine to the humanitarian crisis in Libya and assess whether it was a success or a failure. Many critics of the “Responsibility to Protect” norm consider it to be yet another imperial tool used by the West to pursue national interests, so this paper analyzes this argument in detail, referring to case study examples, particularly in the Middle ...