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In Deference to the Other brings contemporary continental thought into conversation with that of Bernard Lonergan (1904–1984), the Jesuit philosopher and theologian. This is an opportune moment to open such a dialogue: philosophers and theologians indebted to Lonergan have increasingly found themselves challenged by the insights of thinkers typically dubbed "postmodern," while postmodernists, most notably Jacques Derrida, have begun to ask the "God question." While Lonergan was not a continental philosopher, neither was he an analytic philosopher. Concerned with both epistemology and cognition, his systematic and hermeneutic-like proposals resonate with the concerns of philosophers such as Derrida, Foucault, Levinas, and Kristeva. Contributors to this volume find insight and affiliation between Lonergan's thought and contemporary continental thought in a wide-ranging work that engages the philosophical problems of authenticity, self-appropriation, ethics, and the human subject.
The Age of Deference traces the Court's role in the rise of judicial deference to executive power since the end of World War II.
"Introduction Deference and the International Adjudication of Private Property Disputes While working as a government lawyer in 2011, a letter came into our office advising that the Philip Morris tobacco company had decided to sue Australia under a bilateral investment treaty. The company contended that Australia's tobacco plain packaging requirements breached its intellectual property rights, entitling it to billions of dollars in compensation under international law. This news was not particularly shocking to the small team of which I was part, which had been assembled within the government's Office of International Law to respond to these types of claims. The news was shocking, though, to the wider Australian community. Over the ensuing months, the community's disbelief became better-articulated in the press: How can an international tribunal sit in judgment over a measure which the Australian Parliament had decided was in the public interest after extensive scientific enquiry and public consultation? Could an international tribunal really reverse the finding of Australia's highest court that the legislation was lawful?"--
A rigorous analysis of the relationship between proportionality and deference under the Human Rights Act.
Constitutional Deference, Courts and Socio-Economic Rights in South Africaby Kirsty McLean2009ISBN: 978-0-9814124-8-1Pages: viii 246Print version: AvailableElectronic version: Free PDF available.
International courts and tribunals are increasingly asked to pass judgment on matters that are traditionally considered to fall within the domestic jurisdiction of States. Especially in the fields of human rights, investment, and trade law, international adjudicators commonly evaluate decisions of national authorities that have been made in the course of democratic procedures and public deliberation. A controversial question is whether international adjudicators should review such decisions de novo or show deference to domestic authorities. This book investigates how various international courts and tribunals have responded to this question. In addition to a comparative analysis, the book provides a normative argument, discussing whether different forms of deference are justified in international adjudication. It proposes a distinction between epistemic deference, which is based on the superior capacity of domestic authorities to make factual and technical assessments, and constitutional deference, which is based on the democratic legitimacy of domestic decision-making. The book concludes that epistemic deference is a prudent acknowledgement of the limited expertise of international adjudicators, whereas the case for constitutional deference depends on the relative power of the reviewing court vis-à-vis the domestic legal order.
Deference is perhaps the most important concept and practice in law. It lies at the core of every system of precedent, appellate review, federalism, and separation of powers, all of which center on how one actor should deal with previous decisions. Oddly enough, deference is also one of the most under-analyzed and under-theorized legal concepts and practices, perhaps because its applications are so varied. This book's goal is to provide a definition of deference and a vocabulary for discussing it that can be used to describe, explain, and/or criticize deference in all of its manifestations, including some manifestations that are not always identified by legal actors as instances of deference. This project does not seek to prescribe whether and how any legal system should apply deference in any specific circumstance or to critique any particular deference doctrines. Rather, it aims to bring the concept of deference to the forefront of legal discussion; to identify, catalogue, and analyze at least the chief among its many applications; to set forth the many and varied rationales that can be and have been offered in support of deference in different legal contexts; and thereby to provide a vocabulary and conceptual framework that can be employed in future projects, whether those projects are descriptive or prescriptive.
Biology_perhaps the most exciting science of the last half-century_is reaching into scholarly disciplines throughout academia, yet sociology has barely entertained it. The reasons for hesitation are clear enough. Sociobiology and ethology have been unappealing to sociologists because they explain human behavior the same way they explain the behavior of social insects, fish, and birds; often evoking images of sexism and Social Darwinism, both anathemas to modern sociologists. Nonetheless, sociologists do show growing interest in biology and what it can contribute to their discipline. In this short, engaging volume Allan Mazur develops new and sociologically sophisticated concepts to bring these fields together. His book is about the social biology of face-to-face dominance interactions and it explores the evolution of behavior through connections among biology, language, culture, and socialization. Topics include comparative primate behavior, physiological and brain mechanisms underlying status processes, and the relevance of the body surface (face, physique, gestures) to status allocation. The book is meant to be a self-contained exploration_sociologists would require no prior knowledge of biology; biologists would require no prior knowledge of sociology_and a fun, informative supplement for courses throughout sociology and the social sciences.
This book investigates judicial deference to the administration in judicial review, a concept and legal practice that can be found to a greater or lesser degree in every constitutional system. In each system, deference functions differently, because the positioning of the judiciary with regard to the separation of powers, the role of the courts as a mechanism of checks and balances, and the scope of judicial review differ. In addition, the way deference works within the constitutional system itself is complex, multi-faceted and often covert. Although judicial deference to the administration is a topical theme in comparative administrative law, a general examination of national systems is still lacking. As such, a theoretical and empirical review is called for. Accordingly, this book presents national reports from 15 jurisdictions, ranging from Argentina, Canada and the US, to the EU. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative administrative law.