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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
Over the past two decades or so, legal literature has devoted much attention to various human rights issues at both the national and international levels. Yet there has been comparatively little written on the concept and importance of individual duty within the human rights discourse. This book attempts to comprehensively and systematically examine the corollary of human right - the principle of individual duty - from a number of different perspectives, including history, the law (principally international human rights and humanitarian law and national constitutional law), philosophy, jurisprudence, religion, and ethics. The author attempts to demonstrate that a greater emphasis upon individual duties is consistent with a cultural relativist critique, natural law theory, the experience of national legal systems and regional human rights systems, certain socio-political philosophies and conventional sociological postulates, and the dictates of good public policy. The author urges the assignment of a greater, indeed revived, role for the principle of individual duty in order to achieve a more salutary balance between rights and duties and in the relationship between individual freedom and the welfare of the general community.
Part One examines the late medieval northern Italian city-state republics and the humanist depiction of their form of polity. Part Two reviews the legal (principally canonical) and political thought behind the development of a theory of popular consent and limited authority employed to resolve the Great Schism in the Western church. Part Three describes sixteenth-century Spanish neoscholastic political writings and their application to Reformation Europe and Spanish colonial expansion in the New World. Part Four examines the political thought of some of those who responded to new problems in church/state relations caused by the fracturing of medieval Christendom in the West: Luther, Calvin, and other Reformation writers; the Protestant resistance pamphleteers; and Richard Hooker. Featuring an extensive bibliography, From Personal Duties towards Personal Rights will be of specific interest to intellectual historians as well as historians of political ideas and political theories and students in history, political science, and religious studies.
Globally, there has been a shift from securities being held directly by an investor, to a situation in which many securities are held via an intermediary. The existence of one or more intermediaries between the investor and the issuer has a potentially significant impact on the rights of the investor, the role and obligations of the issuer, and on the position and responsibilities of the intermediary. However, different jurisdictions have dealt with the issues arising from intermediation in a variety of ways. In the UK, for example, the concept of a trust is used to explain the different rights and obligations which arise in this scenario, whereas in the US the issues have been addressed by legislation, in the form of UCC Article 8. This variety is problematic, given that it is possible for an investor to hold securities in a number of different jurisdictions. A new UNIDROIT Convention on the issue of Intermediated Securities, the Geneva Securities Convention 2009, aims to create a common framework for dealing with these issues. This collection of essays explores the issues that arise when securities are held via an intermediary, and in particular assesses the solutions put forward by the new Convention on this issue. It will be essential reading for practitioners and academics.