The Nature of Legislative Intent

This book is a logical analysis of genocidal intent, which analyzes the necessary theoretical framework needed to understand its complex structure.

Are legislatures able to form and act on intentions? The question matters because the interpretation of statutes is often thought to centre on the intention of the legislature and because the way in

Since the introduction of the Canadian Charter of Rights and Freedoms in 1982, the question of judicial power and its relationship to parliamentary democracy has been an important one in Canadian poli

Traditional precepts of economic and business practice rest upon a very limited view of both humankind and Nature. People are cast as the most intelligent animal destined to seek pleasure and avoid pa

This book offers a conceptual look into the nature of genocidal intent, systematically analyzing the conceptual and logical structures for genocidal intent, and discussing its theoretical foundations.

Accounts of the nature of legal authority typically focus on the authority of officially sanctioned rules issued by legally recognised bodies - legislatures, courts and regulators - that fit comfortab

The rapid rise and sudden suppression of Tatian's Diatessaron has raised numerous questions about the nature and intent of this second-century composition: it has been claimed as both a vindication of

"This volume investigates Deuteronomy's subversive intent within its social context, and reconsiders the relationship between Deuteronomy and Assyria, its relationship to ancient Near Eastern and bibl

In their introduction the two authors write: "...we are mindful of the fact that we are writing for two separate audiences that usually do not communicate with each other...." Their intent is to "...c

Article Four of the United Nations Convention on the Rights of the Child (CRC) contains three important elements. It concerns the obligations of states to take "all appropriate legislative, administra

Natural law has long been considered the traditional source of Roman Catholic canon law. However, new scholarship is critical of this approach as it portrays the Catholic Church as static, ahistorical, and insensitive to cultural change. In its attempt to stem the massive loss of effectiveness being experienced by canon law, the church has to reconsider its theory of legal foundation, especially its natural law theory. Church Law in Modernity analyses the criticism levelled at the church and puts forward solutions for reconciling church law with modernity by revealing the historical and cultural authenticity of all law, and revising the processes of law making. In a modern church, there is no way of thinking of the law without the participation of the faithful in legislation. Judith Hahn therefore proposes a reformed legislative process for the church in the hope of reconciling the natural law origins of church law with a new, modern theology.

Natural law has long been considered the traditional source of Roman Catholic canon law. However, new scholarship is critical of this approach as it portrays the Catholic Church as static, ahistorical, and insensitive to cultural change. In its attempt to stem the massive loss of effectiveness being experienced by canon law, the church has to reconsider its theory of legal foundation, especially its natural law theory. Church Law in Modernity analyses the criticism levelled at the church and puts forward solutions for reconciling church law with modernity by revealing the historical and cultural authenticity of all law, and revising the processes of law making. In a modern church, there is no way of thinking of the law without the participation of the faithful in legislation. Judith Hahn therefore proposes a reformed legislative process for the church in the hope of reconciling the natural law origins of church law with a new, modern theology.

All literature is written with the intent of imparting understanding. However, some are more openly didactic, from books of manners to travel guides to how rulers should conduct themselves. Ruys (Cent

In the last years of his life, Gerald C. MacCallum, Jr., defied illness to continue his work on the philosophy of law. This book is a monument to MacCallum’s effort, containing fourteen of his essays

In an incisive analysis of over two dozen clauses as well as several 'unwritten' rules and practices, The Constitutional Origins of the American Civil War shows how the Constitution aggravated the sectional conflict over slavery to the point of civil war. Going beyond the fugitive slave clause, the three-fifths clause, and the international slave trade clause, Michael F. Conlin demonstrates that many more constitutional provisions and practices played a crucial role in the bloody conflict that claimed the lives of over 750,000 Americans. He also reveals that ordinary Americans in the mid-nineteenth century had a surprisingly sophisticated knowledge of the provisions and the methods of interpretation of the Constitution. Lastly, Conlin reminds us that many of the debates that divide Americans today were present in the 1850s: minority rights vs. majority rule, original intent vs. a living Constitution, state's rights vs. federal supremacy, judicial activism vs. legislative prerogative, s

In an incisive analysis of over two dozen clauses as well as several 'unwritten' rules and practices, The Constitutional Origins of the American Civil War shows how the Constitution aggravated the sectional conflict over slavery to the point of civil war. Going beyond the fugitive slave clause, the three-fifths clause, and the international slave trade clause, Michael F. Conlin demonstrates that many more constitutional provisions and practices played a crucial role in the bloody conflict that claimed the lives of over 750,000 Americans. He also reveals that ordinary Americans in the mid-nineteenth century had a surprisingly sophisticated knowledge of the provisions and the methods of interpretation of the Constitution. Lastly, Conlin reminds us that many of the debates that divide Americans today were present in the 1850s: minority rights vs. majority rule, original intent vs. a living Constitution, state's rights vs. federal supremacy, judicial activism vs. legislative prerogative, s

“It is the nature of war to increase the executive at the expense of the legislative authority,” wrote Alexander Hamilton in the Federalist Papers. The balance of power between Congress and the presid

Gladstone's second ministry was one of failure and frustration. Even Liberal apologists and the party faithful could find little more than the Reform Act to offset the record of disasters abroad or the disruption of Irishmen at home. For some it was sufficient, and 1884 was a landmark comparable to 1689. But this book is not a chronicle of electoral revolution; rather, it traces the purposes of politicians through those months when legislative activity was concentrated on Franchise and Redistribution. Light is shed on Gladstone's control over both Cabinet and Commons, on Salisbury's emergence as party leader from Conservative chaos after Disraeli's death, and on the anti-democratic nature of Parnell's party. The essential argument is that the British political world of the 1880s was a world unto itself. Dr Jones is concerned with the complex political interaction of personalities and groupings in this select society at a time of particular historical interest, when parties were on the

TRISTAN STRONG meets Guillermo del Toro's THE BOOK OF LIFE in Craig Kofi Farmer's stunning middle grade fantasy about a boy hurled into the Ghanaian underworld to help his late grandmother save humanity. Twelve-year-old Kwame Powell refuses to acknowledge any feelings about his grandmother's passing. And he certainly doesn't want to accompany his parents to her celebration of life ceremony in Ghana, where he knows he'll have to face his feelings about her death head-on. But when an aboatia - a mischievous monkey from Akan mythology - steals Kwame's grandmother's dashiki, his last physical reminder of her, Kwame decides to take matters into his own hands. He chases the little thief across town, to the edge of the pier, and...into a magical whirlpool that leads straight to Asamando, the Ghanaian underworld. With his best friend Autumn, and the crafty aboatia he names Woo, Kwame finds himself embroiled with angry nature gods intent on destroying humanity. And, matters only get more compli

Copyright is territorial, but the same cannot be said of the internet, whose borderless nature has changed the way we consume copyright-protected material. Nevertheless, territorial segmentation of online content remains a reality in the 28 member states of the European Union. Licensing and access practices do not reflect this digital reality, in which end-users demand ubiquitous access to content. For this reason, the territorial nature of copyright and traditional business models based on national exploitation prevent the completion of the Digital Single Market. Sebastian Felix Schwemer provides a unique analysis of the dynamic licensing and access arrangements for audiovisual works and music and shows how they are being addressed by sector regulation and competition law in the Digital Single Market. His analysis, which includes case law of the Court of Justice, the Commission's competition proceedings, and various legislative tools, reveals the overlapping nature of legislative and

How biodiversity classification, with its ranking of species, has social and political implications as well as implications for the field of information studies. The idea that species live in nature as pure and clear-cut named individuals is a fiction, as scientists well know. According to Robert D. Montoya, classifications are powerful mechanisms and we must better attend to the machinations of power inherent in them, as well as to how the effects of this power proliferate beyond the boundaries of their original intent. We must acknowledge the many ways our classifications are implicated in environmental, ecological, and social justice work―and information specialists must play a role in updating our notions of what it means to classify. In Power of Position, Montoya shows how classifications are systems that relate one entity with other entities, requiring those who construct a system to value an entity’s relative importance―by way of its position―within a system of other entities

The metaphor of 'dialogue' has been put to different descriptive and evaluative uses by constitutional and political theorists studying interactions between institutions concerning rights. It has also featured prominently in the opinions of courts and the rhetoric and deliberations of legislators. This volume brings together many of the world's leading constitutional and political theorists to debate the nature and merits of constitutional dialogues between the judicial, legislative, and executive branches. Constitutional Dialogue explores dialogue's democratic significance, examines its relevance to the functioning and design of constitutional institutions, and covers constitutional dialogues from an international and transnational perspective.

Assaults on democracy are increasingly coming from the actions of duly elected governments, rather than coups. Backsliding examines the processes through which elected rulers weaken checks on executive power, curtail political and civil liberties, and undermine the integrity of the electoral system. Drawing on detailed case studies, including the United States and countries in Latin America, Eastern Europe, and Africa, the book focuses on three, inter-related causal mechanisms: the pernicious effects of polarization; realignments of party systems that enable elected autocrats to gain legislative power; and the incremental nature of derogations, which divides oppositions and keeps them off balance. A concluding chapter looks at the international context of backsliding and the role of new technologies in these processes. An online appendix provides detailed accounts of backsliding in 16 countries, which can be found at www.cambridge.org/backsliding.

In modern-day Hong Kong, major constitutional controversies have caused people to demonstrate on the streets, immigrate to other countries, occupy major thoroughfares, and even engage in violence. These controversies have such great resonance because they put pressure on a cultural identity made possible by, and inseparable from, the 'One Country, Two Systems' framework. Hong Kong is also a city synonymous with film, ranging from commercial gangster movies to the art cinema of Wong Kar-wai. This book argues that while the importance of constitutional controversies for the process of self-formation may not be readily discernible in court judgments and legislative enactments, it is registered in the diverse modes of expression found in Hong Kong cinema. It contends that film gives form to the ways in which Hong Kong identity is articulated, placed under stress, bolstered, and transformed in light of disputes about the nature and meaning of the city's constitutional documents.

In modern-day Hong Kong, major constitutional controversies have caused people to demonstrate on the streets, immigrate to other countries, occupy major thoroughfares, and even engage in violence. These controversies have such great resonance because they put pressure on a cultural identity made possible by, and inseparable from, the 'One Country, Two Systems' framework. Hong Kong is also a city synonymous with film, ranging from commercial gangster movies to the art cinema of Wong Kar-wai. This book argues that while the importance of constitutional controversies for the process of self-formation may not be readily discernible in court judgments and legislative enactments, it is registered in the diverse modes of expression found in Hong Kong cinema. It contends that film gives form to the ways in which Hong Kong identity is articulated, placed under stress, bolstered, and transformed in light of disputes about the nature and meaning of the city's constitutional documents.

Copyright is territorial, but the same cannot be said of the internet, whose borderless nature has changed the way we consume copyright-protected material. Nevertheless, territorial segmentation of online content remains a reality in the 28 member states of the European Union. Licensing and access practices do not reflect this digital reality, in which end-users demand ubiquitous access to content. For this reason, the territorial nature of copyright and traditional business models based on national exploitation prevent the completion of the Digital Single Market. Sebastian Felix Schwemer provides a unique analysis of the dynamic licensing and access arrangements for audiovisual works and music and shows how they are being addressed by sector regulation and competition law in the Digital Single Market. His analysis, which includes case law of the Court of Justice, the Commission's competition proceedings, and various legislative tools, reveals the overlapping nature of legislative and

The metaphor of 'dialogue' has been put to different descriptive and evaluative uses by constitutional and political theorists studying interactions between institutions concerning rights. It has also featured prominently in the opinions of courts and the rhetoric and deliberations of legislators. This volume brings together many of the world's leading constitutional and political theorists to debate the nature and merits of constitutional dialogues between the judicial, legislative, and executive branches. Constitutional Dialogue explores dialogue's democratic significance, examines its relevance to the functioning and design of constitutional institutions, and covers constitutional dialogues from an international and transnational perspective.

Terrorism has dominated the domestic and international landscape since 9/11. Determining what drives people to commit acts of terrorism is no easy task. The important new book fills a gap in the psychology and psychiatry literature by examining the relationship between evil and mental illness, and in particular amongst terrorists. How can evil, a characteristic of human nature, become extreme, intent on destruction and lead to acts of terrorism? Featuring contributions from leading experts in this field, Evil, Terrorism and Psychiatry explores whether there are specific personality traits, psychological characteristics or psychopathological conditions that may favour a lack of control of violence in terrorists. It also offers possible novel prevention strategies to help understand and prevent these acts in future. Featuring articles from a special issue of CNS Spectrums, this book also includes brand new chapters found exclusively in this book.

This book scrutinizes legislative novelties and case law in the area of EU competition and state aid rules, focusing on the interaction between public and private enforcement of those rules. It is int

Constitutional Change through Euro-Crisis Law contains a comparative constitutional analysis of the impact of a very broad range of euro-crisis law instruments on the EU and national constitutions. It covers contrasting assessments of the impact of euro-crisis law on national parliaments, various types of criticism on the EU economic governance framework, different views on what is needed to improve the multilevel system of economic governance, and valuable insights into the nature of emergency discourse in the legislative arena and of the spillover from the political to the judicial sphere. In addition, it deals with how bailout countries, even if part of the same group of euro area Member States subject to a programme, have reacted differently to the crisis.

This EYIEL Special Issue is devoted to the European Union’s Trade Defence Instruments (TDIs). The recent legislative changes at the EU level are indicative of global policy trends and legal challenges

This book analyzes the impeachment of New Hampshire Chief Justice David Brock, examining issues including the proper nature of judicial independence in relation to the state legislative branch. It arg

The intent of this book is to describe how a professor can provide a learning environment that assists students in coming to grips with the nature of science and engineering, to understand science and