Arbitrary Rule

Arbitrary Rule
Author: Mary Nyquist
Publisher: University of Chicago Press
Total Pages: 436
Release: 2013-05-10
Genre: Philosophy
ISBN: 022601553X

Slavery appears as a figurative construct during the English revolution of the mid-seventeenth century, and again in the American and French revolutions, when radicals represent their treatment as a form of political slavery. What, if anything, does figurative, political slavery have to do with transatlantic slavery? In Arbitrary Rule, Mary Nyquist explores connections between political and chattel slavery by excavating the tradition of Western political thought that justifies actively opposing tyranny. She argues that as powerful rhetorical and conceptual constructs, Greco-Roman political liberty and slavery reemerge at the time of early modern Eurocolonial expansion; they help to create racialized “free” national identities and their “unfree” counterparts in non-European nations represented as inhabiting an earlier, privative age. Arbitrary Rule is the first book to tackle political slavery’s discursive complexity, engaging Eurocolonialism, political philosophy, and literary studies, areas of study too often kept apart. Nyquist proceeds through analyses not only of texts that are canonical in political thought—by Aristotle, Cicero, Hobbes, and Locke—but also of literary works by Euripides, Buchanan, Vondel, Montaigne, and Milton, together with a variety of colonialist and political writings, with special emphasis on tracts written during the English revolution. She illustrates how “antityranny discourse,” which originated in democratic Athens, was adopted by republican Rome, and revived in early modern Western Europe, provided members of a “free” community with a means of protesting a threatened reduction of privileges or of consolidating a collective, political identity. Its semantic complexity, however, also enabled it to legitimize racialized enslavement and imperial expansion. Throughout, Nyquist demonstrates how principles relating to political slavery and tyranny are bound up with a Roman jurisprudential doctrine that sanctions the power of life and death held by the slaveholder over slaves and, by extension, the state, its representatives, or its laws over its citizenry.

Arbitrary Rule

Arbitrary Rule
Author: Mary Nyquist
Publisher: University of Chicago Press
Total Pages: 436
Release: 2015-02-24
Genre: Law
ISBN: 022627179X

Slavery appears as a figurative construct during the English revolution of the mid-seventeenth century, and again in the American and French revolutions, when radicals represent their treatment as a form of political slavery. What, if anything, does figurative, political slavery have to do with transatlantic slavery? In Arbitrary Rule, Mary Nyquist explores connections between political and chattel slavery by excavating the tradition of Western political thought that justifies actively opposing tyranny. She argues that as powerful rhetorical and conceptual constructs, Greco-Roman political liberty and slavery reemerge at the time of early modern Eurocolonial expansion; they help to create racialized “free” national identities and their “unfree” counterparts in non-European nations represented as inhabiting an earlier, privative age. Arbitrary Rule is the first book to tackle political slavery’s discursive complexity, engaging Eurocolonialism, political philosophy, and literary studies, areas of study too often kept apart. Nyquist proceeds through analyses not only of texts that are canonical in political thought—by Aristotle, Cicero, Hobbes, and Locke—but also of literary works by Euripides, Buchanan, Vondel, Montaigne, and Milton, together with a variety of colonialist and political writings, with special emphasis on tracts written during the English revolution. She illustrates how “antityranny discourse,” which originated in democratic Athens, was adopted by republican Rome, and revived in early modern Western Europe, provided members of a “free” community with a means of protesting a threatened reduction of privileges or of consolidating a collective, political identity. Its semantic complexity, however, also enabled it to legitimize racialized enslavement and imperial expansion. Throughout, Nyquist demonstrates how principles relating to political slavery and tyranny are bound up with a Roman jurisprudential doctrine that sanctions the power of life and death held by the slaveholder over slaves and, by extension, the state, its representatives, or its laws over its citizenry.

Limiting Arbitrary Power

Limiting Arbitrary Power
Author: Marc Ribeiro
Publisher: UBC Press
Total Pages: 220
Release: 2004
Genre: Law
ISBN: 9780774810517

Under the emerging void-for-vagueness doctrine, a law lacking precision can be declared invalid. In this, the first book published on the subject, Marc Ribeiro offers a balanced analysis of this doctrine and its application in the context of the Canadian constitution. Taking as its starting point a cogent analysis of the fundamental concepts of "legality" and the "rule of law," Limiting Arbitrary Power undertakes a specific study of the contents of the vagueness doctrine. Dr. Ribeiro presents an in-depth exploration of the courts' current approach, and suggests how it may be refined in the future. In that regard, he proposes techniques for legislative drafting in which certainty could be enhanced without compromising the flexibility required in law. Acknowledging that to date, the doctrine has yet to be granted an autonomous status for invalidating legislation, he also examines in detail the possible situations in which vagueness may become applicable under the Charter. An important addition to Canadian law libraries, Limiting Arbitrary Power will be eagerly received by legal professionals, legislators, and scholars of constitutional law and legal theory.

The UN Working Group on Arbitrary Detention

The UN Working Group on Arbitrary Detention
Author: Jared Genser
Publisher: Cambridge University Press
Total Pages: 655
Release: 2019-09-26
Genre: Law
ISBN: 1107034450

This book is a practical guide to freeing political prisoners and provides a comprehensive review of this UN body's 1,200 jurisprudence cases.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Legitimacy

Legitimacy
Author: Arthur Isak Applbaum
Publisher: Harvard University Press
Total Pages: 305
Release: 2019-11-19
Genre: Philosophy
ISBN: 0674983467

At an unsettled time for liberal democracy, with global eruptions of authoritarian and arbitrary rule, here is one of the first full-fledged philosophical accounts of what makes governments legitimate. What makes a government legitimate? The dominant view is that public officials have the right to rule us, even if they are unfair or unfit, as long as they gain power through procedures traceable to the consent of the governed. In this rigorous and timely study, Arthur Isak Applbaum argues that adherence to procedure is not enough: even a properly chosen government does not rule legitimately if it fails to protect basic rights, to treat its citizens as political equals, or to act coherently. How are we to reconcile every person’s entitlement to freedom with the necessity of coercive law? Applbaum’s answer is that a government legitimately governs its citizens only if the government is a free group agent constituted by free citizens. To be a such a group agent, a government must uphold three principles. The liberty principle, requiring that the basic rights of citizens be secured, is necessary to protect against inhumanity, a tyranny in practice. The equality principle, requiring that citizens have equal say in selecting who governs, is necessary to protect against despotism, a tyranny in title. The agency principle, requiring that a government’s actions reflect its decisions and its decisions reflect its reasons, is necessary to protect against wantonism, a tyranny of unreason. Today, Applbaum writes, the greatest threat to the established democracies is neither inhumanity nor despotism but wantonism, the domination of citizens by incoherent, inconstant, and incontinent rulers. A government that cannot govern itself cannot legitimately govern others.

Arbitrary States

Arbitrary States
Author: Rebecca Tapscott
Publisher: Oxford University Press
Total Pages: 249
Release: 2021
Genre: Political Science
ISBN: 0198856474

In recent years, scholars have noted the rise of a particular type of authoritarianism worldwide, in which rulers manipulate institutions designed to implement the rule of law so that they instead facilitate the exercise of arbitrary power. Even as scholars puzzle over this seemingly new phenomenon, scholarship on African politics offers helpful answers. This book places literature on the post-colonial African state in conversation with literature on modern authoritarianism, using this to frame over ten months of qualitative field research on Uganda's informal security actors - including vigilante groups, local militias, and community police. Based on this research, the book presents an original framework - called 'institutionalized arbitrariness' - to explain how modern authoritarian rulers project arbitrary power even in environments of relatively functional state institutions, checks and balances and the rule of law. In regimes characterized by institutionalized arbitrariness, the state's stochastic assertions and withdrawals of power inject unpredictability into the political relationship between both local authorities and citizens. This arrangement makes it difficult for citizens to predict which authority, if any, will claim jurisdiction in a given scenario, and what rules will apply. This environment of pervasive political unpredictability limits space for collective action and political claim-making, while keeping citizens marginally engaged in the democratic process. The book is grounded in empirical research and literature theorizing the African state, while seeking to inform a broader debate about contemporary forms of authoritarianism, state-building, and state consolidation. Oxford Studies in African Politics and International Relations is a series for scholars and students working on African politics and International Relations and related disciplines. Volumes concentrate on contemporary developments in African political science, political economy, and International Relations, such as electoral politics, democratization, decentralization, gender and political representation, the political impact of natural resources, the dynamics and consequences of conflict, comparative political thought, and the nature of the continent's engagement with the East and West. Comparative and mixed methods work is particularly encouraged, as is interdisciplinary research and work that considers ethical issues relating to the study of Africa. Case studies are welcomed but should demonstrate the broader theoretical and empirical implications of the study and its wider relevance to contemporary debates. The focus of the series is on sub-Saharan Africa, although proposals that explain how the region engages with North Africa and other parts of the world are of interest. Series Editors: Nic Cheeseman, Professor of Democracy and International Development, University of Birmingham; Peace Medie, Senior Lecturer in Gender and International Politics, University of Bristol; and Ricardo Soares de Oliveira, Professor of the International Politics of Africa, University of Oxford. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.

Undocumented Immigrants in an Era of Arbitrary Law

Undocumented Immigrants in an Era of Arbitrary Law
Author: Robert F. Barsky
Publisher: Routledge
Total Pages: 201
Release: 2015-08-11
Genre: Law
ISBN: 1317534336

This book describes the experiences of undocumented migrants, all around the world, bringing to life the challenges they face from the moment they consider leaving their country of origin, until the time they are deported back to it. Drawing on a broad array of academic studies, including law, interpretation and translation studies, border studies, human rights, communication, critical discourse analysis and sociology, Robert Barsky argues that the arrays of actions that are taken against undocumented migrants are often arbitrary, and exercised by an array of officials who can and do exercise considerable discretion, both positive and negative. Employing insights from a decade-long research project, Barsky also finds that every stop along the migrant’s pathway into, and inside of, the host country is strewn with language issues, relating to intercultural communication, interpretation, gossip, hearsay, and the challenges of peddling of linguistic wares in the social discourse marketplace. These language issues are almost always impediments to anodyne or productive interactions with host country officials, particularly on the "front-lines" where migrants encounter border patrol and law enforcement officers without adequate means of communicating their situation or understanding their rights. Since undocumented people are categorized as ‘illegal’, they can be subjected to abuse and exploitation by host country officials, who can choose to either tolerate or punish them on the basis of unpredictable, changeable, and even illusory or "arbitrary" laws and regulations. Citing experts at every level of the undocumented immigrant apparatuses worldwide, from public defenders to interpreters, Barsky concludes that the only viable policy to address prevailing abuses and inequalities is to move towards open borders, an approach that would address prevailing issues and, surprisingly, provide security and economic benefits to both host and home countries.

Arbitrary and Capricious

Arbitrary and Capricious
Author: Gary Elvin Marchant
Publisher: American Enterprise Institute
Total Pages: 112
Release: 2004
Genre: Business & Economics
ISBN: 9780844741895

This study examines how the European Union has used the precautionary principle in legal decisions.