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Author: Evan Fox-Decent Publisher: OUP Oxford ISBN: 0191630217 Category : Law Languages : en Pages : 304
Book Description
Political theory is traditionally concerned with the justification and limits of state power. It asks: Can states legitimately direct and coerce non-consenting subjects? If they can, what limits, if any, constrain sovereign power? Public law is concerned with the justification and limits of judicial power. It asks: On what grounds can judges 'read down' or 'read in' statutory language against the apparent intention of the legislature? What limits, if any, are appropriate to these exercises of judicial power? This book develops an original constitutional theory of political authority that yields novel answers to both sets of questions. Fox-Decent argues that the state is a fiduciary of its people, and that this fiduciary relationship grounds the state's authority to announce and enforce law. The fiduciary state is conceived of as a public agent of necessity charged with guaranteeing a regime of secure and equal freedom. Whereas the social contract tradition struggles to ground authority on consent, the fiduciary theory explains authority with reference to the state's fiduciary obligation to respect legal principles constitutive of the rule of law. This obligation arises from the state's possession of irresistible public powers. The author begins with a discussion of Hobbes's conception of legality and the problem of discretionary power in administrative law. Drawing on Kant, he sketches a theory of fiduciary relations, and develops the argument through three parts. Part I shows that it is possible for the state to stand in a public fiduciary relationship to its people through a discussion of Crown-Native fiduciary relations recognized by Canadian courts. Part II sets out the theoretical underpinnings of the fiduciary theory of the state. Part III explores the implications of the fiduciary theory for administrative law and common law constitutionalism. The final chapter situates the theory within a broader philosophical discussion of the rule of law.
Author: Evan Fox-Decent Publisher: OUP Oxford ISBN: 0191630217 Category : Law Languages : en Pages : 304
Book Description
Political theory is traditionally concerned with the justification and limits of state power. It asks: Can states legitimately direct and coerce non-consenting subjects? If they can, what limits, if any, constrain sovereign power? Public law is concerned with the justification and limits of judicial power. It asks: On what grounds can judges 'read down' or 'read in' statutory language against the apparent intention of the legislature? What limits, if any, are appropriate to these exercises of judicial power? This book develops an original constitutional theory of political authority that yields novel answers to both sets of questions. Fox-Decent argues that the state is a fiduciary of its people, and that this fiduciary relationship grounds the state's authority to announce and enforce law. The fiduciary state is conceived of as a public agent of necessity charged with guaranteeing a regime of secure and equal freedom. Whereas the social contract tradition struggles to ground authority on consent, the fiduciary theory explains authority with reference to the state's fiduciary obligation to respect legal principles constitutive of the rule of law. This obligation arises from the state's possession of irresistible public powers. The author begins with a discussion of Hobbes's conception of legality and the problem of discretionary power in administrative law. Drawing on Kant, he sketches a theory of fiduciary relations, and develops the argument through three parts. Part I shows that it is possible for the state to stand in a public fiduciary relationship to its people through a discussion of Crown-Native fiduciary relations recognized by Canadian courts. Part II sets out the theoretical underpinnings of the fiduciary theory of the state. Part III explores the implications of the fiduciary theory for administrative law and common law constitutionalism. The final chapter situates the theory within a broader philosophical discussion of the rule of law.
Author: Evan Fox-Decent Publisher: Oxford University Press ISBN: 0199698317 Category : Law Languages : en Pages : 302
Book Description
Arguing that the state and its people stand in a fiduciary relationship, Sovereignty's Promise puts forward a bold new account of political authority and its legal limits. In doing so it presents a fresh argument for common law constitutionalism and a novel theoretical framework for understanding the requirements of the rule of law.
Author: Evan Thane Fox-Decent Publisher: National Library of Canada = Bibliothèque nationale du Canada ISBN: 9780612916357 Category : Languages : en Pages : 768
Book Description
The subject of this thesis is the justification of sovereignty, legal order and the rule of law. That justification, I argue, is best articulated within a vision of the state as an entrusted and authorised fiduciary of each person subject to its powers. As fiduciary, the state is authorised to exercise public powers for the purpose of securing and administering legal order. But because this authorisation---the state's legal authority---flows from a fiduciary relationship with those subject to it, state authority is encumbered with an overarching obligation to use public powers exclusively for the public good. Seeing the state as fiduciary explains its authority to legislate, conduct administration, adjudicate and otherwise guarantee legal order. The fiduciary relationship also explains the default limits of that authority, limits which constitute the rule of law and manifest themselves as free-standing public duties such as fairness and reasonableness. Those common law duties guarantee that exercises of public power necessarily take place within an institutional legal framework that locates its legitimacy in the fiduciary principle's authorisation of it. When exercises of public power conform to the demands of this authorisation---the demands of the rule of law, of fairness and reasonableness---they respect the autonomy and dignity of the persons in whom the fiduciary justification of public authority ultimately lies.
Author: Amanda R. Tachine Publisher: Teachers College Press ISBN: 0807766135 Category : Education Languages : en Pages : 225
Book Description
What is at stake when our young people attempt to belong to a college environment that reflects a world that does not want them for who they are? In this compelling book, Navajo scholar Amanda Tachine takes a personal look at 10 Navajo teenagers, following their experiences during their last year in high school and into their first year in college. It is common to think of this life transition as a time for creating new connections to a campus community, but what if there are systemic mechanisms lurking in that community that hurt Native students' chances of earning a degree? Tachine describes these mechanisms as systemic monsters and shows how campus environments can be sites of harm for Indigenous students due to factors that she terms monsters' sense of belonging, namely assimilating, diminishing, harming the worldviews of those not rooted in White supremacy, heteropatriarchy, capitalism, racism, and Indigenous erasure. This book addresses the nature of those monsters and details the Indigenous weapons that students use to defeat them. Rooted in love, life, sacredness, and sovereignty, these weapons reawaken students' presence and power. Book Features: Introduces an Indigenous methodological approach called story rug that demonstrates how research can be expanded to encompass all our senses. Weaves together Navajo youths' stories of struggle and hope in educational settings, making visible systemic monsters and Indigenous weaponry. Draws from Navajo knowledge systems as an analytic tool to connect history to present and future realities. Speaks to the contemporary situation of Native peoples, illuminating the challenges that Native students face in making the transition to college. Examines historical and contemporary realities of Navajo systemic monsters, such as the financial hardship monster, deficit (not enough) monster, failure monster, and (in)visibility monster. Offers insights for higher education institutions that are seeking ways to create belonging for diverse students.
Author: Adam Mabry Publisher: The Good Book Company ISBN: 178498549X Category : Religion Languages : en Pages : 177
Book Description
Love and wrath. Sovereignty and responsibility. Victory and suffering. Some of the truths we read in the Bible seem to be in opposition to each other. We naturally tend to gravitate towards a side, but when we lose sight of one truth in order to protect the other, we are in danger of becoming proud, creating division, and diminishing our faith. In this compelling, inspiring, and at times provocative book, Adam Mabry urges us to stop taking sides and refuse to participate in tribalism by mapping out a way to hold in tension truths that we so often divide over. You’ll discover how our joy and our witness rest on us learning to hold to all that the Scriptures teach and growing in virtue as we do. You’ll learn how to wrestle with all that the Scriptures say, to embrace mystery, to listen closely, and to speak with clarity.
Author: Marisa Elena Duarte Publisher: University of Washington Press ISBN: 029574183X Category : Social Science Languages : en Pages : 207
Book Description
In 2012, the United Nations General Assembly determined that affordable Internet access is a human right, critical to citizen participation in democratic governments. Given the significance of information and communication technologies (ICTs) to social and political life, many U.S. tribes and Native organizations have created their own projects, from streaming radio to building networks to telecommunications advocacy. In Network Sovereignty, Marisa Duarte examines these ICT projects to explore the significance of information flows and information systems to Native sovereignty, and toward self-governance, self-determination, and decolonization. By reframing how tribes and Native organizations harness these technologies as a means to overcome colonial disconnections, Network Sovereignty shifts the discussion of information and communication technologies in Native communities from one of exploitation to one of Indigenous possibility.
Author: Timothy San Pedro Publisher: Teachers College Press ISBN: 0807779393 Category : Education Languages : en Pages : 241
Book Description
Protecting the Promise is the first book in the Culturally Sustaining Pedagogies Series edited by Django Paris. It features a collection of short stories told in collaboration with five Native families that speak to the everyday aspects of Indigenous educational resurgence rooted in the intergenerational learning that occurs between mothers and their children. The author defines “resurgence” as the ongoing actions that recenter Indigenous realities and knowledges, while simultaneously denouncing and healing from the damaging effects of settler colonial systems. By illuminating the potential of such educational resurgence, the book counters deficit paradigms too often placed on Indigenous communities. It also demonstrates the need to include Indigenous Knowledges within the curriculum for both in-school and out-of-school settings. These engaging narratives reframe Indigenous parents as critical and compassionate educators, cultural brokers, and storytellers who are central partners in the education of their children. Book Features: A window into how and why Indigenous resurgence through (and sometimes in resistance to) education can happen.A narrative style of writing that builds accessible stories that are both relatable and connected to larger social issues.An interdisciplinary approach that has implications for pre- and in-service teachers and school administrators, as well as for the communities from which these stories originated.A teacher-friendly Afterword that offers lesson ideas for the classroom and companion questions to the short stories.
Author: R. J. Rushdoony Publisher: Chalcedon Foundation ISBN: Category : Religion Languages : en Pages : 300
Book Description
The word sovereignty means one who is above all. It is the supreme and highest power. The Christian defines the Sovereign Lord as unlimited, independent, with original authority. For fallen man, sovereignty belongs to the state because the state is the source of law. Since the Christian can have no other gods (Ex. 20:3), history is defined appropriately by Augustine as a conflict between the City of Man and the City of God. As in all conflicts, we must choose this day whom we will serve. Calvinists often limit the doctrine of sovereignty to a systematic theological definition of God. Much more work is needed in developing the implications of sovereignty for the Kingdom of God and its application in terms of the law-word of God. In this posthumously published volume, R. J. Rushdoony examines the comprehensive implications of God's sovereignty with a clear eye to critiquing the various places where man posits sovereignty-especially the sovereign state. This is a must-read for anyone seeking to understand the crises of our times.
Author: Stewart M. Patrick Publisher: Brookings Institution Press ISBN: 0815731604 Category : Political Science Languages : en Pages : 356
Book Description
Protecting sovereignty while advancing American interests in the global age Americans have long been protective of the country’s sovereignty—beginning when George Washington retired as president with the admonition for his successors to avoid “permanent” alliances with foreign powers. Ever since, the nation has faced persistent, often heated debates about how to maintain that sovereignty, and whether it is endangered when the United States enters international organizations, treaties, and alliances about which Washington warned. As the recent election made clear, sovereignty is also one of the most frequently invoked, polemical, and misunderstood concepts in politics—particularly American politics. The concept wields symbolic power, implying something sacred and inalienable: the right of the people to control their fate without subordination to outside authorities. Given its emotional pull, however, the concept is easily highjacked by political opportunists. By playing the sovereignty card, they can curtail more reasoned debates over the merits of proposed international commitments by portraying supporters of global treaties or organizations as enemies of motherhood and apple pie. Such polemics distract Americans from what is really at stake in the sovereignty debate: namely, the ability of the United States to shape its destiny in a global age. The United States cannot successfully manage globalization, much less insulate itself from cross-border threats, on its own. As global integration deepens and cross-border challenges grow, the nation’s fate is increasingly tied to that of other countries, whose cooperation will be needed to exploit the shared opportunities and mitigate the common risks of interdependence. The Sovereignty Wars is intended to help today's policymakers think more clearly about what is actually at stake in the sovereignty debate and to provide some criteria for determining when it is appropriate to make bargains over sovereignty—and how to make them.
Author: Evan Fox-Decent
Author: Evan Fox-Decent
Author: Evan Fox-Decent![Sovereignty's Promise [microform] : the State as Fiduciary PDF](https://books.google.com/books/content/images/frontcover/yM33ygAACAAJ?fife=w80-h100)
Author: Evan Thane Fox-Decent
Author: Amanda R. Tachine
Author: Adam Mabry
Author: Marisa Elena Duarte
Author: James L. Roark
Author: Timothy San Pedro
Author: R. J. Rushdoony
Author: Stewart M. Patrick