Judging at the Interface
Judging at the Interface

Author: Esmé Shirlow

Publisher:

Published: 2020-12

Total Pages:

ISBN-13: 9781108867108

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"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 Theory of Deference in Administrative Law
A Theory of Deference in Administrative Law

Author: Paul Daly

Publisher: Cambridge University Press

Published: 2012-06-28

Total Pages: 323

ISBN-13: 1107025516

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Paul Daly develops a theory concerning the appropriate allocation of authority between courts and administrative bodies.

Epistemic Authority
Epistemic Authority

Author: Linda Trinkaus Zagzebski

Publisher: Oxford University Press

Published: 2015

Total Pages: 294

ISBN-13: 0190278269

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Gives an extended argument for epistemic authority from the implications of reflective self-consciousness. Epistemic authority is compatible with autonomy, but epistemic self-reliance is incoherent. The book argues that epistemic and emotional self-trust are rational and inescapable, that consistent self-trust commits us to trust in others, and that among those we are committed to trusting are some whom we ought to treat as epistemic authorities, modelled on the well-known principles of authority of Joseph Raz. Some of these authorities can be in the moral and religious domains. The book investigates the way the problem of disagreement between communities or between the self and others is a conflict within self-trust, and argue against communal self-reliance on the same grounds as the book uses in arguing against individual self-reliance. The book explains how any change in belief is justified--by the conscientious judgment that the change will survive future conscientious self-reflection. The book concludes with an account of autonomy. -- Información de la editorial.

The Age of Deference
The Age of Deference

Author: David Rudenstine

Publisher: Oxford University Press

Published: 2016

Total Pages: 345

ISBN-13: 0199381488

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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.

The Decline of Deference
The Decline of Deference

Author: Neil Nevitte

Publisher: Peterborough, Ont. : Broadview Press

Published: 1996-08

Total Pages: 404

ISBN-13:

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In this extraordinarily wide-ranging book, Neil Nevitte demonstrates that the changing patterns of Canadian values are connected.

The Adam Smith Review
The Adam Smith Review

Author: Fonna Forman

Publisher: Routledge

Published: 2020-12-28

Total Pages: 610

ISBN-13: 1000098265

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Adam Smith’s contribution to economics is well recognised, yet scholars have recently been exploring anew the multidisciplinary nature of his works. The Adam Smith Review is a rigorously refereed annual review that provides a unique forum for interdisciplinary debate on all aspects of Adam Smith’s works, his place in history, and the significance of his writings to the modern world. It is aimed at facilitating debate among scholars working across the humanities and social sciences, thus emulating the reach of the Enlightenment world which Smith helped to shape. This twelfth volume brings together leading scholars from across several disciplines and contributes to two particular themes. First, there is a focus on Adam Smith’s moral and political philosophy, exploring how Smith’s approach finds expression in both abstract philosophy and practical judgment. Second, there is a focus on epistemology, economics, and law, with innovative interpretations of Smithian theories.

Deference
Deference

Author: Gary Lawson

Publisher: Oxford University Press

Published: 2019-11-11

Total Pages: 280

ISBN-13: 0190273410

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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.