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Sovereignty's Promise

Sovereignty's Promise PDF 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.

Sovereignty's Promise

Sovereignty's Promise PDF 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.

Money, Markets, and Sovereignty

Money, Markets, and Sovereignty PDF Author: Benn Steil
Publisher: Yale University Press
ISBN: 0300156146
Category : Business & Economics
Languages : en
Pages : 301

Book Description
Winner of the 2010 Hayek Book Prize given by the Manhattan Institute "Money, Markets and Sovereignty is a surprisingly easy read, given the complicated issues covered. In it, Mr. Steil and Mr. Hinds consistently challenge today's statist nostrums."—Doug Bandow, The Washington Times In this keenly argued book, Benn Steil and Manuel Hinds offer the most powerful defense of economic liberalism since F. A. Hayek published The Road to Serfdom more than sixty years ago. The authors present a fascinating intellectual history of monetary nationalism from the ancient world to the present and explore why, in its modern incarnation, it represents the single greatest threat to globalization. Steil and Hinds describe the current state of international economic relations as both unusual and precarious. Eras of economic protectionism have historically coincided with monetary nationalism, while eras of liberal trade have been accompanied by a universal monetary standard. But today, the authors show, an unprecedentedly liberal global trade regime operates side by side with the most extreme doctrine of monetary nationalism ever contrived—a situation bound to trigger periodic crises. Steil and Hinds call for a revival of the political and economic thinking that underlay earlier great periods of globalization, thinking that is increasingly under threat by more recent ideas about what sovereignty means.

Stop Taking Sides

Stop Taking Sides PDF 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.

Native Presence and Sovereignty in College

Native Presence and Sovereignty in College PDF 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.

Network Sovereignty

Network Sovereignty PDF 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.

Marketing Sovereign Promises

Marketing Sovereign Promises PDF Author: Gary W. Cox
Publisher: Cambridge University Press
ISBN: 1107140625
Category : Business & Economics
Languages : en
Pages : 237

Book Description
This book offers a new theory of state growth, based on the creation of credible and prudent state budgets.

Sovereignty and the Sacred

Sovereignty and the Sacred PDF Author: Robert A. Yelle
Publisher: University of Chicago Press
ISBN: 022658559X
Category : Religion
Languages : en
Pages : 281

Book Description
Sovereignty and the Sacred challenges contemporary models of polity and economy through a two-step engagement with the history of religions. Beginning with the recognition of the convergence in the history of European political theology between the sacred and the sovereign as creating “states of exception”—that is, moments of rupture in the normative order that, by transcending this order, are capable of re-founding or remaking it—Robert A. Yelle identifies our secular, capitalist system as an attempt to exclude such moments by subordinating them to the calculability of laws and markets. The second step marshals evidence from history and anthropology that helps us to recognize the contribution of such states of exception to ethical life, as a means of release from the legal or economic order. Yelle draws on evidence from the Hebrew Bible to English deism, and from the Aztecs to ancient India, to develop a theory of polity that finds a place and a purpose for those aspects of religion that are often marginalized and dismissed as irrational by Enlightenment liberalism and utilitarianism. Developing this close analogy between two elemental domains of society, Sovereignty and the Sacred offers a new theory of religion while suggesting alternative ways of organizing our political and economic life. By rethinking the transcendent foundations and liberating potential of both religion and politics, Yelle points to more hopeful and ethical modes of collective life based on egalitarianism and popular sovereignty. Deliberately countering the narrowness of currently dominant economic, political, and legal theories, he demonstrates the potential of a revived history of religions to contribute to a rethinking of the foundations of our political and social order.

The Sovereignty Solution

The Sovereignty Solution PDF Author: Anna Simmons
Publisher: Naval Institute Press
ISBN: 1612510663
Category : Political Science
Languages : en
Pages : 241

Book Description
The Sovereignty Solution is not an Establishment national security strategy. Instead, it describes what the U.S. could actually do to restore order to the world without having to engage in either global policing or nation-building. Currently there is no coherent plan that addresses questions like: If terrorists were to strike Chicago tomorrow, what would we do? When Chicago is burning, whom would we target? How would we respond? There is nothing in place and no strategy on the horizon to either reassure the American public or warn the world: attack us, and this is what you can expect. In this book, a Naval Postgraduate School professor and her Special Forces coauthors offer a radical yet commonsensical approach to recalibrating global security. Their book discusses what the United States could actually do to restore order to the world without having to engage in either global policing or nation-building. Two tracks to their strategy are presented: strengthening state responsibility abroad and strengthening the social fabric at home. The authors’ goal is to provoke a serious debate that addresses the gaps and disconnects between what the United States says and what it does, how it wants to be perceived, and how it is perceived. Without leaning left or right, they hope to draw many people into the debate and force Washington to rethink what it sends service men and women abroad to do.

Protecting the Promise

Protecting the Promise PDF 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.

Sovereignty

Sovereignty PDF 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.