Consent, Coercion and Limit

Consent, Coercion and Limit
Author: Monahan
Publisher: BRILL
Total Pages: 367
Release: 2023-08-21
Genre: History
ISBN: 9004621636

The concepts of popular consent and limit as applied to the exercise of political authority are fundamental features of parliamentary democracy. Both these concepts played a role in medieval political theorizing, although the meaning and significance of political consent in this thought has not been well understood. In a careful, scholarly, and readable survey of the major political texts from Augustine to Ockham, Arthur Monahan analyses the contribution of medieval thought to the development of these two concepts and to the correlative concept of coercion. In addition, he deals with the development of these concepts in Roman and canon law and in the practices of the emerging states of France and England and the Italian city- states, as well as considering works in legal and administrative theory and constitutional documents. In each case his interpretations are placed in the wider context of developments in law, church, and administrative reforms. The result is the first complete study of these three crucial terms as used in the Middle Ages, as well as an excellent summary of work done in a number of specialized fields over the last twenty-five years.

The Limits of Consent

The Limits of Consent
Author: Lisa Featherstone
Publisher: Springer Nature
Total Pages: 143
Release: 2023-12-13
Genre: Social Science
ISBN: 3031466225

This open access book examines the ways that consent operates in contemporary culture, suggesting it is a useful starting point to respectful relationships. This work, however, seeks to delve deeper, into the more complicated aspects of sexual consent. It examines the ways meaningful consent is difficult, if not impossible, in relationships that involve intimate partner violence or family violence. It considers the way vulnerable communities need access to information on consent. It highlights the difficulties of consent and reproductive rights, including the use (and abuse) of contraception and abortion. Finally, it considers the ways that young women are reshaping narratives of sexual assault and consent, as active agents both online and offline. Though this work considers victimisation, it also pays careful attention to the ways vulnerable groups take up their rights and understand and practice consent in meaningful ways.

From Personal Duties Towards Personal Rights

From Personal Duties Towards Personal Rights
Author: Arthur P. Monahan
Publisher: McGill-Queen's Press - MQUP
Total Pages: 480
Release: 1994
Genre: Philosophy
ISBN: 9780773510173

Focusing on the concepts of popular consent, representation, limit, and resistance to tyranny as essential features of modern theories of parliamentary democracy, Monahan shows a continuity in use of these concepts across the alleged divide between the Mi

The Circle of Rights Expands

The Circle of Rights Expands
Author: Arthur P. Monahan
Publisher: McGill-Queen's Press - MQUP
Total Pages: 927
Release: 2007-03-29
Genre: Political Science
ISBN: 0773578358

Monahan's reading of individual philosophers, including the work of Spinoza, sixteenth-century advocates of religious toleration, and the radical Diggers and Levellers of England in the mid- seventeenth century, constitutes a convincing overview of the political theory of the period.

Foucault's Discipline

Foucault's Discipline
Author: John S. Ransom
Publisher: Duke University Press
Total Pages: 242
Release: 1997-01-14
Genre: Political Science
ISBN: 0822382067

In Foucault’s Discipline, John S. Ransom extracts a distinctive vision of the political world—and oppositional possibilities within it—from the welter of disparate topics and projects Michel Foucault pursued over his lifetime. Uniquely, Ransom presents Foucault as a political theorist in the tradition of Weber and Nietzsche, and specifically examines Foucault’s work in relation to the political tradition of liberalism and the Frankfurt School. By concentrating primarily on Discipline and Punish and the later Foucauldian texts, Ransom provides a fresh interpretation of this controversial philosopher’s perspectives on concepts such as freedom, right, truth, and power. Foucault’s Discipline demonstrates how Foucault’s valorization of descriptive critique over prescriptive plans of action can be applied to the decisively altered political landscape of the end of this millennium. By reconstructing the philosopher’s arguments concerning the significance of disciplinary institutions, biopower, subjectivity, and forms of resistance in modern society, Ransom shows how Foucault has provided a different way of looking at and responding to contemporary models of government—in short, a new depiction of the political world.

From Consent to Coercion

From Consent to Coercion
Author: Leo Panitch
Publisher: University of Toronto Press
Total Pages: 286
Release: 2008-08-23
Genre: Law
ISBN: 9781442600966

Published Under the Garamond Imprint From Consent to Coercion addresses several of the key issues about the future of unions and social democratic policies in Canada.

From Consent to Coercion

From Consent to Coercion
Author: Bryan Evans
Publisher: University of Toronto Press
Total Pages: 246
Release: 2023-02-27
Genre: Political Science
ISBN: 1487534213

From Consent to Coercion examines the increasing assault against trade union rights and freedoms in Canada by federal and provincial governments. Centring the struggles of Canadian unionized workers, this book explores the diminution of the welfare state and the impacts that this erosion has had on broader working-class rights and standards of living. The fourth edition witnesses the passing of an era of free collective bargaining in Canada – an era in which the state and capital relied on obtaining the consent of workers and unions to act as subordinates in Canada’s capitalist democracy. It looks at how the last twenty years have marked a return to a more open reliance of the state and capital on coercion – on force and on fear – to secure that subordination. From Consent to Coercion considers this conjuncture in the Canadian political economy amid growing precarity, poverty, and polarization in an otherwise indeterminate period of austerity. This important edition calls attention to the urgent task of rebuilding and renewing socialist politics – of thinking ambitiously and meeting new challenges with unique solutions to the left of social democracy.

Constitutions and the Classics

Constitutions and the Classics
Author: Denis Galligan
Publisher: OUP Oxford
Total Pages: 456
Release: 2014-12-11
Genre: Law
ISBN: 0191025496

The period from the fifteenth century to the late eighteenth century was one of critical importance to British constitutionalism. Although the seeds were sown in earlier eras, it was at this point that the constitution was transformed to a system of representative parliamentary government. Changes at the practical level of the constitution were accompanied by a wealth of ideas on constitutions written from different - and often competing - perspectives. Hobbes and Locke, Harrington, Hume, and Bentham, Coke, the Levellers, and Blackstone were all engaged in the constitutional affairs of the day, and their writings influenced the direction and outcome of constitutional thought and development. They treated themes of a universal and timeless character and as such have established themselves of lasting interest and importance in the history of constitutional thought. Examining their works we can follow the shaping of contemporary ideas of constitutions, and the design of constitutional texts. At the same time major constitutional change and upheaval were taking place in America and France. This was an era of intense discussion, examination, and constitution-making. The new nation of the United States looked to authors such as Locke, Hume, Harrington, and Sydney for guidance in their search for a new republicanism, adding to the development of constitutional thought and practice. This collection includes chapters examining the influences of Madison, Hamilton, Jefferson, and Adams. In France the influence of Rousseau was apparent in the revolutionary constitution, and Sieyes was an active participant in its discussion and design. Montesquieu and de Maistre reflected on the nature of constitutions and constitutional government, and these French writers drew on, engaged with, and challenged the British and American writers. The essays in this volume reveal a previously unexplored dynamic relationship between the authors of the three nations, explaining the intimate connection between ruler and ruled.

Consent and Trade

Consent and Trade
Author: Frank J. Garcia
Publisher: Cambridge University Press
Total Pages: 239
Release: 2018-12-06
Genre: Law
ISBN: 1108613810

In a time of changing trade norms, when free trade seems to be giving way to new kinds of nationalism, some fundamental questions about trade are still not being asked. Is trade consensual or coercive? Is 'free trade' as currently practiced really free? If not, what difference can trade law make in addressing economically oppressive practices that nationalistic trade policies cannot? In this book Garcia offers an examination of trade law's roots in consensual exchange, highlighting the central role of consent in differentiating trade from legally facilitated coercion, exploitation or predation. The book revisits the premise of consensual exchange which underlies the rhetoric of 'free trade', and then examines the social and political conditions that are a necessary part of a more genuine trade law system, in service of the idea that recovering consent in trade law can promote human flourishing on a global scale.

The Limits of Bodily Integrity

The Limits of Bodily Integrity
Author: Professor Ruth A Miller
Publisher: Ashgate Publishing, Ltd.
Total Pages: 218
Release: 2013-01-28
Genre: Law
ISBN: 1409493369

This volume argues that legislation on abortion, adultery, and rape has been central to the formation of the modern citizen. The author draws on rights literature, bio-political scholarship, and a gender-studies perspective as a foundation for rethinking the sovereign relationship. In approaching the politicization of reproductive space from this direction, the study resituates the role of rights and rights-granting within the sovereign relationship. A second theme running throughout the book explores the international implications of these arguments and addresses the role of abortion, adultery and rape legislation in constructing 'civilizational' relationships. In focusing on the Ottoman Empire, Turkey, France and Italy as case studies, Miller presents a discussion of what 'Europe' is, and the role of sexuality and reproduction in defining it.