Results for 'jurisdiction'

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  1.  59
    Multicultural Jurisdictions: Cultural Differences and Women's Rights.Ayelet Shachar - 2001 - Cambridge University Press.
    Is it possible for the state simultaneously to respect deep cultural differences and to protect the hard-won citizenship rights of vulnerable group members, particularly women? This 2001 book argues that it is not only theoretically needed, but also institutionally feasible. Rejecting prevalent normative and legal solutions to this 'paradox of multicultural vulnerability', Multicultural Jurisdictions develops a powerful argument for enhancement of the jurisdictional autonomy of religious and cultural minorities while at the same time providing viable legal-institutional solutions to the problem (...)
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  2. Immigration, Jurisdiction, and Exclusion.Michael Blake - 2013 - Philosophy and Public Affairs 41 (2):103-130.
  3.  6
    IRB Jurisdiction and Limits on IRB Actions.Nathan Hershey - 1985 - IRB: Ethics & Human Research 7 (2):7.
  4.  20
    Jurisdictions of Sexual Assault: Reforming the Texts and Testimony of Rape in Australia. [REVIEW]Peter D. Rush - 2011 - Feminist Legal Studies 19 (1):47-73.
    The reform of rape law remains a vexed enterprise. The wager of this article is that the plural traditions and technologies of criminal law can provide the resources for a radical rethinking of rape law. Parts 1 and 2 return to the historical and structural forms of rape law reform in Australia. These forms of reform illustrate a variety of criminal jurisdictions, and a transformation in the way in which rape law reform is conducted now. Against this transformation, Part 3 (...)
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  5.  53
    Sovereign Jurisdiction, Territorial Rights, and Membership in Hobbes.Arash Abizadeh - 2016 - In A. Martinich & Kinch Hoekstra (eds.), The Oxford Handbook of Hobbes. Oxford: Oxford University Press.
    Although sovereign jurisdictional authority is not itself a kind of property right for Hobbes, it is the object of the sovereign’s (not the state’s) proprietary rights. Jurisdictional authority for Hobbes is foundationally over persons rather than territory, so that the sovereign’s territorial jurisdiction is parasitic on jurisdiction over persons. Territory nevertheless plays a significant role in determining subjects’ political obligations because the sovereign’s ability to protect subjects is necessary for such obligations, and control over space is necessary to (...)
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  6.  15
    Interpretation, Jurisdiction, and the Authority of Law.Timothy Endicott - 2007 - American Philosophical Association Newsletter 6:14-19.
    People can be autonomous, if they are subject to authority. In particular, they can be autonomous if they are subject to the authority of law. I defend the first claim through a study of Joseph Raz's compelling account of authority; I claim that his work leads to the conclusion that autonomous judgment is needed to determine the jurisdiction of an authority, and to interpret its directives. I defend the second claim by arguing that law does not claim unlimited (...), and need not claim unlimited scope for its directives. But the requirements of the rule of law create a standing risk that the law will not adequately recognize the autonomy of its subjects, because of its artificial techniques for controlling its own jurisdiction and for controlling the scope of its own directives. (shrink)
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  7.  32
    Immigration, Jurisdiction, and History.Michael Kates & Ryan Pevnick - 2014 - Philosophy and Public Affairs 42 (2):179-194.
  8. On the Scope, Jurisdiction, and Application of Rationality and the Law.Daniel Fogal - 2018 - Problema 12:21-57.
  9.  35
    Jurisdiction, Inscription, and State Formation: Administrative Modernism and Knowledge Regimes. [REVIEW]Chandra Mukerji - 2011 - Theory and Society 40 (3):223-245.
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  10.  7
    “Jurisdictional Realization of Law” as Judicium: A Methodological Alternative, Beyond Deductive Application and Finalistic Decision.Ana Margarida Simões Gaudêncio - 2020 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 33 (1):133-146.
    The proposed reflection intends to present the problem of judicial adjudication as a substantially-axiologically founded autonomous moment on the practical realization of law, and to explore this understanding in confrontation with external exigencies, mostly teleologically determined—hence, beyond strict deductive application, as a syllogistic reference of facts to norms, and finalistically determined decision, as an option among possible alternatives to achieve specific aims. The main objective is to enter into a discussion on the methodological meaning of “integrity”, “hard cases” and “right (...)
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  11.  11
    The Jurisdiction of the Hegelian Monarch.Jean-Luc Nancy, Mary Ann & Peter Caws - 1982 - Social Research: An International Quarterly 49 (2):481-516.
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  12.  3
    Territorial Jurisdiction as an Internationally Recognized Right.Tan Kok-Chor - forthcoming - Philosophy and Public Issues - Filosofia E Questioni Pubbliche.
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  13. Hypothetical Imperatives: Scope and Jurisdiction.Mark Schroeder - forthcoming - In Robert Johnson & Mark Timmons (eds.), (unknown). Oxford University Press.
    The last few decades have given rise to the study of practical reason as a legitimate subfield of philosophy in its own right, concerned with the nature of practical rationality, its relationship to theoretical rationality, and the explanatory relationship between reasons, rationality, and agency in general. Among the most central of the topics whose blossoming study has shaped this field, is the nature and structure of instrumental rationality, the topic to which Kant has to date made perhaps the largest contribution, (...)
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  14.  8
    Jurisdiction of the European Court of Human Rights in the Baltic States’ Cases.Elżbieta Kużelewska - 2019 - Studies in Logic, Grammar and Rhetoric 59 (1):97-109.
    The Baltic States – Estonia, Lithuania and Latvia – are democratic states of law that respect human rights. As members of the Council of Europe, they implemented into domestic law the Convention on the Protection of Human Rights and Fundamental Freedoms – an international document for the universal protection of human rights adopted by the Council of Europe. The aim of the paper is to analyze whether and to what extent did Estonian, Lithuanian and Latvian citizens file individual complaints to (...)
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  15.  82
    An Emerging Ontology of Jurisdiction in Cyberspace.David R. Koepsell - 2000 - Ethics and Information Technology 2 (2):99-104.
    The emergence of the new information economy hascomplicated jurisdictional issues in commerce andcrime. Many of these difficulties are simplyextensions of problems that arose due to other media.Telephones and fax machines had already complicatedjurists'' determinations of applicable laws. Evenbefore the Internet, contracts were often negotiatedwithout any face-to-face contact – entirely bytelephone and fax. Where is such a contractnegotiated? The answer to this question is critical toany litigation that may arise over such contracts. Thelaws of contract are often quite different from onejurisdiction (...)
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  16. Universal Jurisdiction and the Duty to Govern.Michael Giudice & Matthew Schaeffer - 2012 - In François Tanguay-Renaud & James Stribopoulos (eds.), Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law. Hart Publishing.
     
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  17.  93
    Liability to International Prosecution: The Nature of Universal Jurisdiction.Anthony Reeves - 2017 - European Journal of International Law 28 (4):1047-1067.
    The paper considers the proper method for theorizing about criminal jurisdiction. It challenges a received understanding of how to substantiate the right to punish, and articulates an alternative account of how that theoretical task is properly conducted. The received view says that a special relationship is the ground of a tribunal’s authority to prosecute and, hence, that a normative theory of that authority is faced with identifying a distinctive relation. The alternative account locates prosecutorial standing on an institution’s capacity (...)
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  18.  66
    In Defense of the Jurisdiction Theory of Rights.Eric Mack - 2000 - The Journal of Ethics 4 (1-2):71-98.
    This essay critically examines three theories of moral rights, theBenefit, the Interest, and the Choice theories. The Interest andChoice theories attempt to explain how rights can be more robustthan seems possible on the Benefit theory. In particular, moralrights are supposed to be resistant to trade-offs to supportprincipled anti-paternalism, to constitute a distinct dimensionof morality, and to provide right holders with a range ofdiscretionary choice. I argue that these and other featuresare better yet provided by a fourth theory of moral rights, (...)
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  19.  13
    Jurisdiction of the European Court of Justice Over Issues Relating to the Common Foreign and Security Policy Under the Lisbon Treaty.Loreta Saltinyte - 2010 - Jurisprudencija: Mokslo darbu žurnalas 119 (1):261-279.
    Although the Lisbon Treaty maintained the general exclusion of Common Foreign and Security Policy (CFSP) matters from ECJ jurisdiction, it introduced a number of changes into this area, including an explicit statement that the Court is competent to review the legality of the Council decisions imposing restraining measures on persons. The article analyzes the nature and origin of those changes and considers the legal implications for the level of the protection of fundamental rights in the European Union. For this (...)
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  20.  36
    Pirates and Torturers: Universal Jurisdiction as Enforcement Gap‐Filling.Jiewuh Song - 2015 - Journal of Political Philosophy 23 (4):471-490.
  21.  47
    Do Insecure Property Rights Ground Rights of Jurisdiction? Miller on Territorial Justice.Kim Angell - 2013 - Res Publica 19 (2):183-192.
    A prominent approach in the debate on territorial rights claims that a group may have jurisdictional rights over a particular land if that land has become a repository of value for the group. This justification relies on a premise which has remained largely unsubstantiated, namely that having jurisdictional rights should be our preferred means for ensuring the group’s retaining of the land’s embedded value. This article discusses a recent attempt to fill this gap. David Miller acknowledges that the value could (...)
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  22.  29
    The Persistent Significance of Jurisdiction.Dimitrios Kyritsis - 2012 - Ratio Juris 25 (3):343-367.
    According to Joseph Raz's sources thesis, the existence and content of authoritative directives must be identifiable by resort to the social fact of their provenance from a de facto authority, without regard to any of the normative considerations that the authority in question is supposed to rely on in its judgment. This article argues that the sources thesis fails to account for the role of jurisdictional considerations (namely, considerations about the scope of a de facto authority's power) in the identification (...)
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  23. Jurisdiction in Deleuze: The Expression and Representation of Law.Edward Mussawir - 2011 - Routledge.
    Deleuze and jurisdiction : expressionism in jurisprudence -- Personal jurisdiction : the "method of dramatization" in the law of persons -- Minority and personal jurisdiction : judging sex in re alex -- Persons of animal law -- Deleuze, the law of things and subject-matter jurisdiction -- To put to flight : the right of possession -- The activity of judgment : law of actions and the procedural genre of jurisprudence -- Jurisdiction of control : judgment (...)
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  24.  54
    Allegiance and Jurisdiction in Locke's Doctrine of Tacit Consent.Julian H. Franklin - 1996 - Political Theory 24 (3):407-422.
  25.  16
    Multicultural Jurisdictions: Cultural Differences and Women's Rights.G. B. Levey - 2003 - Australasian Journal of Philosophy 81 (1):144-146.
    Book Information Multicultural Jurisdictions: Cultural Differences and Women's Rights. By Ayelet Shachar. Cambridge University Press. Cambridge. 2001. Pp. xiv + 193. Hardback, Aus.$140. Paperback, $48.95.
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  26.  7
    Sovereignty, the Corporate Religious, and Jurisdictional/Political Pluralism.Jean L. Cohen - 2017 - Theoretical Inquiries in Law 18 (2):547-575.
    We typically associate sovereignty with the modern state and presuppose the coincidence of political rule, public power, government, legitimacy and jurisdiction with territorially delimited states. We are also used to referencing liberal principles of justice, egalitarian ideals of fairness, republican conceptions of non-domination and separation of powers, and democratic ideas of popular sovereignty, for the standards that should constitute, guide, limit and legitimate the exercise of sovereign power. This Article addresses an important challenge to these principles: the reemergence of (...)
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  27.  18
    Assessing Cross-Sectoral and Cross-Jurisdictional Coordination for Public Health Emergency Legal Preparedness.Rick Hogan, Cheryl H. Bullard, Daniel Stier, Matthew S. Penn, Teresa Wall, John Cleland, James H. Burch, Judith Monroe, Robert E. Ragland, Thurbert Baker & John Casciotti - 2008 - Journal of Law, Medicine and Ethics 36 (S1):36-41.
    A community's abilities to promote health and maximize its response to public health threats require fulfillment of one of the four elements of public health legal preparedness, the capacity to effectively coordinate law-based efforts across different governmental jurisdictions, as well as across multiple sectors and disciplines. Government jurisdictions can be viewed “vertically” in that response efforts may entail coordination in the application of laws across multiple levels, including local, state, tribal, and federal governments, and even with international organizations. Coordination of (...)
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  28. Universal Jurisdiction and International Criminal Law.Jovana Davidovic - 2015 - In Chad Flanders & Zach Hoskins (eds.), The New Philosophy of Criminal Law. Rowman & Littlefield. pp. 113-130.
    Davidovic asks what gives the international community the authority to punish some crimes? On one prominent view some crimes (genome, torture) are so heinous that the international community, so long as its procedures are fair, is justified in prosecuting them. Another view contends that heinousness alone is not enough to justify international prosecution: what is needed is an account of why the international community, in particular, has standing to hold the perpetrators to account. Davidovic raises concerns about both of these (...)
     
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  29.  33
    Self-Determination and Resource Rights: In Defence of Territorial Jurisdiction Over Natural Resources.Ayelet Banai - 2016 - Res Publica 22 (1):9-20.
    Is territorial jurisdiction over natural resources justified? This paper argues that a freedom-based account of self-determination coupled with ‘functionalist’ justifications of territorial right support territorial jurisdiction over natural resources. This justification simultaneously gives rise to limits on the permissible exercise of the right: the principles of reciprocity and generality, and of equal freedom. This ‘reciprocal’ view on territorial jurisdiction over natural resources, defended here, differs from two alternatives: the traditional sovereignty view on the one hand and the (...)
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  30.  10
    Assessing Cross-Sectoral and Cross-Jurisdictional Coordination for Public Health Emergency Legal Preparedness.Rick Hogan, Cheryl H. Bullard, Daniel Stier, Matthew S. Penn, Teresa Wall, John Cleland, James H. Burch, Judith Monroe, Robert E. Ragland, Thurbert Baker & John Casciotti - 2008 - Journal of Law, Medicine and Ethics 36 (s1):36-52.
    A community's abilities to promote health and maximize its response to public health threats require fulfillment of one of the four elements of public health legal preparedness, the capacity to effectively coordinate law-based efforts across different governmental jurisdictions, as well as across multiple sectors and disciplines. Government jurisdictions can be viewed “vertically” in that response efforts may entail coordination in the application of laws across multiple levels, including local, state, tribal, and federal governments, and even with international organizations. Coordination of (...)
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  31.  5
    Bridging Jurisdictions: Conservancies Working Across Borders as Adaptive Systems.Jack W. Meek & Hong K. Lyu - 2010 - Emergence: Complexity and Organization 12 (1).
  32.  1
    Territorial Jurisdiction as an Internationally Recognized Right.Pellegrino Gianfranco - forthcoming - Philosophy and Public Issues - Filosofia E Questioni Pubbliche.
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  33. Multicultural Jurisdictions: Cultural Differences and Women¿ s Rights.(Review of the Book Multicultural Jurisdictions: Cultural Differences and Women¿ s Rights, Ayelet Shachar (Aut.), 2001). [REVIEW]R. H. M. Pierik - 2004 - Political Theory 32 (4):585-589.
  34.  25
    Justice in One Jurisdiction, No More.Robert E. Goodin - 2002 - Philosophical Topics 30 (2):29-48.
  35.  11
    Multicultural Jurisdictions — Cultural Differences and Women's Rights.Christine Straehle - 2003 - Contemporary Political Theory 2 (1):109-111.
  36.  24
    Jurisprudence of Jurisdiction.Shaun McVeigh (ed.) - 2006 - Routledge-Cavendish.
    For much of the history of the western legal order, the question of jurisdiction - the question of the power and authority of law - has been the first question of law. This book investigates the difference that jurisdiction continues to make to the ordering of normative existence. It also follows the speculation that without an account of jurisdiction, jurisprudence would be left speechless, left with no power to address the conditions of attachment to legal and political (...)
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  37.  15
    Unilateral Jurisdiction: Universal Jurisdiction À L’Américaine in the Age of Post-Realist Power. [REVIEW]Ariel Colonomos - 2004 - Human Rights Review 5 (2):22-47.
    The United States is using the theme of rights to build its unilateralism. In order to transform this unilateralism into a convincing universalism, it needs to reinforce its “soft power,” appeal to its partners and convince them of the necessity of its initiatives. Aggressive or offensive rights and crude unilateral military interventions are dangerous per se; they might also endanger American power in the long run. Culturally, this challenge is rooted in America’s origins and in its enthusiastic desire to reform (...)
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  38.  16
    Universal Jurisdiction, Pirates and Vigilantes.Luise K. Müller - 2017 - Critical Review of International Social and Political Philosophy:1-22.
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  39.  3
    Universal Jurisdiction, Pirates and Vigilantes.Luise K. Müller - 2019 - Critical Review of International Social and Political Philosophy 22 (4):390-411.
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  40. The Jurisdiction of the Athenians Over Their Allies.C. D. Morris - 1884 - American Journal of Philology 5 (3):298.
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  41.  27
    The Indeterminacy of an Emergency: Challenges to Criminal Jurisdiction in Constitutional Democracy. [REVIEW]Mireille Hildebrandt - 2010 - Criminal Law and Philosophy 4 (2):161-181.
    In this contribution I address the type of emergency that threatens a state’s monopoly of violence, meaning that the state’s competence to provide citizens with elementary security is challenged. The question is, whether actions taken by the state to ward off these threats (should) fall within the ambit of the criminal law. A central problem is the indeterminacy that is inherent in the state of emergency, implicating that adequate measures as well as constitutional constraints to be imposed on such measures (...)
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  42. The Jurisdiction Argument for Immigration Control.Andy Lamey - 2016 - Social Theory and Practice 42 (3):581-604.
    Jurisdictionism offers a new rationale for restricting immigration. Immigrants impose new obligations on the people whose territories they enter. Insofar as these obligations are unwanted, polities are justified in turning immigrants away, so long as the immigrants are from a country that respects their rights. The theory, however, employs a flawed account of obligation, which overlooks how we can be obliged to take on new duties to immigrants. Jurisdictionism also employs different standards when determining whether an obligation exists, only one (...)
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  43.  28
    Multicultural Jurisdictions — Cultural Differences and Women's Rights.Michael Barnett - 2003 - Contemporary Political Theory 2 (1):109-111.
  44.  24
    Jurisdictional Choice in International Trade: Implications for Lex Cybernatoria.Bruce L. Benson - 2000 - Journal des Economistes Et des Etudes Humaines 10 (1):3-32.
    L’émergence des marchés en Europe de l’Est, en Asie et celle du cyber-espace ne se fait pas avec la rapidité que beaucoup d’observateurs voudraient. La lenteur de ce développement provient de l’environnement institutionnel : les systèmes législatifs ne soutiennent pas les droits de propriété privée et ne font pas plus respecter les contrats. Ainsi, beaucoup soutiennent que les Etats doivent intensifier leurs efforts pour établir un droit commercial. En réalité, il faut réclamer un désengagement de l’Etat dans le droit commercial. (...)
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  45.  4
    Jurisdictional Primacy by Divine Right: A Moot Question.Luis M. Bermejo - 1979 - Bijdragen 40 (3):265-293.
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  46.  18
    Internet Jurisdiction with a U.S. Focus.Dana L. Christensen - 2005 - Acm Sigcas Computers and Society 35 (1):2-2.
  47.  1
    Unilateral Jurisdiction: Universal Jurisdiction À L’Américaine in the Age of Post-Realist Power.Ariel Colonomos - 2003 - Human Rights Review 5 (2):22-47.
    ConclusionThe United States is using the theme of rights to build its unilateralism. In order to transform this unilateralism into a convincing universalism, it needs to reinforce its “soft power,” appeal to its partners and convince them of the necessity of its initiatives. Aggressive or offensive rights and crude unilateral military interventions are dangerous per se; they might also endanger American power in the long run. Culturally, this challenge is rooted in America’s origins and in its enthusiastic desire to reform (...)
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  48. Universal Jurisdiction and International Power Politics: Ideal Versus Real.Hans Köchler - unknown - Yeditepe'de Felsefe (Philosophy at Yeditepe) 5.
  49.  6
    Jurisdictional and Institutional Aspects of Stem Cell Patenting in Europe (EC and EPO).: Tensions and Prospects.Antonina Bakardjieva Engelbrekt - 2009 - In Aurora Plomer & Paul Torremans (eds.), Embryonic Stem Cell Patents: European Patent Law and Ethics. Oxford University Press.
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  50. Jurisdictional Power and Civil Government in the Political-Philosophy of Locke.S. Goyardfabre - 1988 - Revue Internationale de Philosophie 42 (165):192-214.
     
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