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Articles 1 - 6 of 6
Full-Text Articles in Legal Theory
Lighting The Way Of The Learner: Towards A Social Virtue Epistemology In Aḥmad Al-Ṣaghīr’S The Faqīh’S Lantern, Amani Khelifa
Lighting The Way Of The Learner: Towards A Social Virtue Epistemology In Aḥmad Al-Ṣaghīr’S The Faqīh’S Lantern, Amani Khelifa
Electronic Thesis and Dissertation Repository
This thesis offers an original translation and analysis of a West African didactic poem in Islamic ethics and law, by the Mālikī-Ashʿarī Mauritanian scholar Aḥmad al-Ṣaghīr (d. 1272 AH/1856 CE) called The Faqīh’s Lantern (Miṣbāḥ al-Faqīh). In addition to the critical translation, I examine the poem thematically through the lens of social virtue epistemology. Chapter 1 sketches the background of the text and author, positioning the author historically as a product of a rich scholarly and pedagogical tradition while noting Mauritania’s contemporary place in the North American Muslim imagination. Chapter 2 is the translation of the text, making …
Faithfully Negligent: Religious Implications For Criminal Negligence Cases, Supreet Kaur Bath
Faithfully Negligent: Religious Implications For Criminal Negligence Cases, Supreet Kaur Bath
Master of Laws Research Papers Repository
Do the actions of parents in withholding medical treatment from their children due to religious influence show wanton or reckless disregard for the safety and lives of their children? This project investigates the morally and legally complicated issue of the influence of religious beliefs in criminal negligence cases. My MRP is animated by the idea that similar cases in the past have been treated with leniency and ought to be given stricter punishments.
I focus in particular on cases in which parents opt for alternative remedies or faith healing for ill children in ignorance or defiance of available medical treatments. …
Performing Spatial Justice, Ramona A. Radu
Performing Spatial Justice, Ramona A. Radu
Electronic Thesis and Dissertation Repository
In Spatial Justice: Body, Lawscape, Atmosphere, Andreas Philippopoulos-Mihalopoulos introduces a theory of spatial justice that takes into consideration the agential capabilities of nonhuman legal actors. However, in an effort to decenter the human legal subject, Philippopoulos-Mihalopoulos argues that the co-constitutivity of law and space (the lawscape), as the site where (human and nonhuman) legal bodies take shape, cannot be mediated through the political. In response to this claim, I argue that spatial justice is an inherently political project, and I identify the practice of spatial justice (or performing spatial justice) as a means of understanding how to engage the political …
A Rawlsian Idea Of Deliberative Democracy, Angela D. White
A Rawlsian Idea Of Deliberative Democracy, Angela D. White
Electronic Thesis and Dissertation Repository
In my thesis, I develop a framework based on John Rawls's Political Liberalism that addresses the question: how is it possible for democratic institutions and their decisions to be legitimate, given that (i) they are supposed to be governed by the "will of the people", but (ii) the people will disagree with each other about what political institutions ought to do about any given issue? Amy Gutmann and Dennis Thompson advance a deliberative democratic response to this question, which has served as the basis of governments' attempts to "strengthen democracy". They argue that political decisions are justified insofar as they …
Contested Legality And The Insecurity Of Status: Some Snapshots From A Decade Of Refugee Law, Donald Galloway
Contested Legality And The Insecurity Of Status: Some Snapshots From A Decade Of Refugee Law, Donald Galloway
Western Migration Conference Series
Bio:
Donald Galloway is a Professor of Law at the University of Victoria, British Columbia. He specializes in Refugee Law, Citizenship Law and Immigration Law. He was the founding President of the Canadian Association of Refugee and Forced Migration Studies (CARFMS) and is a former member of the Immigration and Refugee Board.
Against Nomopolies, David Sandomierski
Against Nomopolies, David Sandomierski
Law Publications
Legal pluralism stands in counterpoint to conceptions of l~ that sharply distinguish the legal from the non-legal. This essay considers a neglected feature of classical legal theory - prescriptivism - that sustains this binary ambition. Prescriptivists assert that legal artefacts such as norms are distinct from the human world upon which they operate. Each of centralism, monism, positivism and prescriptivism subsu'!1es diverse associational nomoi · into the nomos of a given community, often the State, thereby creating a nomopoly. To the prescriptivist, human beings are subjects under an external sphere of law. The anti-prescriptivist perspective invites legal subjects to imagine …