Jeremy Webber
Dados Biográficos
| ID | 3759406 |
|---|---|
| NOME | Jeremy Webber |
| PRENOMES | Jeremy |
| SOBRENOME | Webber |
| ASSINATURA | WEBBER J |
| AFILIAÇÕES | University of Victoria |
| ORCID | 0000-0003-2825-382X |
| VERIFICADO | Sim |
| TOTAL DE OBRAS | 21 |
| TOTAL DE CITAÇÕES | 43 |
| TOTAL COMO AUTOR | 20 |
| TOTAL COMO EDITOR | 1 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 1985 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2024 |
| ÍNDICE H | 5 |
A Democracy-Friendly Theory of the Rule of Law
The dominant way of thinking about the rule of law is that it is a constraint, a limit, on government. On this view the limitation applies with full force to all forms of government, democratic and undemocratic, and to both the executive and the legislative branches. The privileged institution for enforcing those limits is the courts. Democracy and the rule of law are, in effect, portrayed as though they were in opposition to one another. That, I…
Special Issue of the Hague Journal on the Rule of Law on Populism, Democracy, and the Rule of Law in Central and Eastern Europe
Introduction
This article introduces the special issue on Democratic Constitutionalism in a Populist Age
Understanding Populism
The diversity of features attributed to populism - and, as a result, the variety of critiques leveled at it - are remarkable. It sometimes seems as though people are using the same terms to address very different phenomena. Is there any distinctive meaning to populism? Is populism inherently anti-democratic or, on the contrary, is it the epitome of democratic practice? What should an engagement with populist movements mean for the theory and prac…
Democratic Multiplicity
This edited volume argues that democracy is broader and more diverse than the dominant state-centered, modern representative democracies, to which other modes of democracy are either presumed subordinate or ignored. The contributors seek to overcome the standard opposition of democracy from below (participatory) and democracy from above (representative). Rather, they argue that through differently situated participatory and representative practic…
Sally Engle Merry, Legal Pluralism, and the Radicalization of Comparative Law
At the very beginning of her career, Sally Engle Merry focused on the legal relations of nonlegally trained people-often members of the working class, marginalized or racialized groups. She explored the disjuncture between those people's understandings of disputing and the concepts, language, and procedural distinctions of legal professionals (Merry 1979, 1990, and more). That work brought her into contact with a number of scholars working on wha…
Contending Sovereignties
This chapter examines the manner in which questions of sovereignty have arisen in relation to the Indigenous dimensions of the Canadian Constitution. After a brief discussion of the foundation of Indigenous rights in the Canadian Constitution, it reviews the debate over whether Indigenous peoples possess an inherent right of self-government and the treatment of that demand in constitutional negotiations and before the courts. It explores the ways…
Le droit foncier en regard des réalités autochtones
Recognition versus Self-Determination
The political concept of recognition has introduced new ways of thinking about the relationship between minorities and justice in plural societies. But is a politics informed by recognition valuable to minorities today? Contributors to this volume examine the successes and failures of struggles for recognition and self-determination in relation to claims of religious groups, cultural minorities, and indigenous peoples on territories associated wi…
Recognition Versus Self-Determination
The political concept of recognition has introduced new ways of thinking about the relationship between minorities and justice in plural societies. But is a politics informed by recognition valuable to minorities today? Contributors to this volume examine the successes and failures of struggles for recognition and self-determination in relation to claims of religious groups, cultural minorities, and indigenous peoples on territories associated wi…
Empire and Solidarity in International Legal Reform
In the last two decades, aid organizations, led by the World Bank, have advanced legal and political reform as a necessary adjunct of international development assistance. This move has been challenged by critics who argue that institutional reform is inextricably tied to economic liberalization, that it is a form of cultural imperialism, and that it tends to displace domestic struggles for democratic self-determination, replacing them with a uni…
Remote Sensing of Heat-Related Health Risks
Heat‐related death is considered the number one weather‐related cause of mortality throughout the world. There is growing concern that, heat waves, the primary meteorological phenomena responsible, will become more intense and numerous in the near future. Provided with this growing hazard the responsibility for mitigation, early detection and warning rests with emergency response agencies as well as academic researchers. Numerous tools exist in t…
The Grammar of Customary Law
All law is customary. This article explores how we should conceive of the customary nature of law, proposing a framework for understanding how legal orders are related to their various societies. The article builds upon the pragmatist conception of law developed by Lon Fuller and Gerald Postema, but it goes well beyond their accounts, arguing that their predominantly functionalist approaches are inadequate. Although law does serve to coordinate s…
Legal Pluralism and Human Agency
Much legal-pluralist scholarship tends to naturalize "the law of the context," treating that law as though it were inherent in social interaction, emerging spontaneously, without conscious human decision. This view overstates the role of agreement in human societies and mischaracterizes the nature of law, including non-state law. All law is concerned with establishing a collective set of norms against a backdrop of normative disagreement, not agr…
Institutional dialogue between courts and legislatures in the definition of fundamental rights
(2003). Institutional dialogue between courts and legislatures in the definition of fundamental rights: lessons from Canada (and elsewhere) Australian Journal of Human Rights: Vol. 9, Special Edition: A Bill of Rights for Australia, pp. 135-182
Reimagining Canada
Relations of Force and Relations of Justice
This paper argues that Aboriginal rights are best understood as the product of cross-cultural interaction-not, as is usually supposed, the result of some antecedent body of law (English, international, or Aboriginal). Aboriginal rights are therefore intercommunal in origin. The paper does describe the process by which this body of law emerged, but its primary vocation is theoretical, concerned with the following questions: How can a normative com…
Reimagining Canada
At times the deep disagreements surrounding Canada's constitutional debates have led Canadians to wonder whether the country can - or should - survive. In Reimagining Canada, Jeremy Webber argues that there is a viable basis for a Canadian community, one which would enjoy the robust allegiance of the vast majority of Canadians. Webber begins by showing how different conceptions of culture, language, and nation shaped Canada's constitutional negot…
Reimagining Canada
At times the deep disagreements surrounding Canada's constitutional debates have led Canadians to wonder whether the country can - or should - survive. In Reimagining Canada Jeremy Webber argues that there is a viable basis for a Canadian community, one which would enjoy the robust allegiance of the vast majority of Canadians
Compelling Compromise
Jeremy Webber ... for the most part it [die departmental correspondence] was well answered by Harper, but mere were one or two points in which I thought he showed his own personal feeling or point of view to [sic] strongly.One
The Malaise of Compulsory Conciliation
ALWAYS wished to avoid the economic disruption caused by strikes; during World War II, this desire was particularly compelling.Ottawa's chief tool for accomplishing this aim was compulsory conciliation, the regime of government-sponsored mediation enshrined in The Industrial Disputes Investigation Act, 1907 (IDIA). 1 Before the war, this regime constituted the dominant thrust of the federal government's intervention in the field of industrial rel…
Reimagining Canada
At times the deep disagreements surrounding Canada's constitutional debates have led Canadians to wonder whether the country can - or should - survive. In Reimagining Canada, Jeremy Webber argues that there is a viable basis for a Canadian community, one which would enjoy the robust allegiance of the vast majority of Canadians. Webber begins by showing how different conceptions of culture, language, and nation shaped Canada's constitutional negot…
The Grammar of Customary Law
All law is customary. This article explores how we should conceive of the customary nature of law, proposing a framework for understanding how legal orders are related to their various societies. The article builds upon the pragmatist conception of law developed by Lon Fuller and Gerald Postema, but it goes well beyond their accounts, arguing that their predominantly functionalist approaches are inadequate. Although law does serve to coordinate s…
Understanding Populism
The diversity of features attributed to populism - and, as a result, the variety of critiques leveled at it - are remarkable. It sometimes seems as though people are using the same terms to address very different phenomena. Is there any distinctive meaning to populism? Is populism inherently anti-democratic or, on the contrary, is it the epitome of democratic practice? What should an engagement with populist movements mean for the theory and prac…
Legal Pluralism and Human Agency
Much legal-pluralist scholarship tends to naturalize "the law of the context," treating that law as though it were inherent in social interaction, emerging spontaneously, without conscious human decision. This view overstates the role of agreement in human societies and mischaracterizes the nature of law, including non-state law. All law is concerned with establishing a collective set of norms against a backdrop of normative disagreement, not agr…
Relations of Force and Relations of Justice
This paper argues that Aboriginal rights are best understood as the product of cross-cultural interaction-not, as is usually supposed, the result of some antecedent body of law (English, international, or Aboriginal). Aboriginal rights are therefore intercommunal in origin. The paper does describe the process by which this body of law emerged, but its primary vocation is theoretical, concerned with the following questions: How can a normative com…
Compelling Compromise
Jeremy Webber ... for the most part it [die departmental correspondence] was well answered by Harper, but mere were one or two points in which I thought he showed his own personal feeling or point of view to [sic] strongly.One
Sally Engle Merry, Legal Pluralism, and the Radicalization of Comparative Law
At the very beginning of her career, Sally Engle Merry focused on the legal relations of nonlegally trained people-often members of the working class, marginalized or racialized groups. She explored the disjuncture between those people's understandings of disputing and the concepts, language, and procedural distinctions of legal professionals (Merry 1979, 1990, and more). That work brought her into contact with a number of scholars working on wha…
Remote Sensing of Heat-Related Health Risks
Heat‐related death is considered the number one weather‐related cause of mortality throughout the world. There is growing concern that, heat waves, the primary meteorological phenomena responsible, will become more intense and numerous in the near future. Provided with this growing hazard the responsibility for mitigation, early detection and warning rests with emergency response agencies as well as academic researchers. Numerous tools exist in t…
The Malaise of Compulsory Conciliation
ALWAYS wished to avoid the economic disruption caused by strikes; during World War II, this desire was particularly compelling.Ottawa's chief tool for accomplishing this aim was compulsory conciliation, the regime of government-sponsored mediation enshrined in The Industrial Disputes Investigation Act, 1907 (IDIA). 1 Before the war, this regime constituted the dominant thrust of the federal government's intervention in the field of industrial rel…
Compelling Compromise
Jeremy Webber ... for the most part it [die departmental correspondence] was well answered by Harper, but mere were one or two points in which I thought he showed his own personal feeling or point of view to [sic] strongly.One
Reimagining Canada
At times the deep disagreements surrounding Canada's constitutional debates have led Canadians to wonder whether the country can - or should - survive. In Reimagining Canada Jeremy Webber argues that there is a viable basis for a Canadian community, one which would enjoy the robust allegiance of the vast majority of Canadians
Relations of Force and Relations of Justice
This paper argues that Aboriginal rights are best understood as the product of cross-cultural interaction-not, as is usually supposed, the result of some antecedent body of law (English, international, or Aboriginal). Aboriginal rights are therefore intercommunal in origin. The paper does describe the process by which this body of law emerged, but its primary vocation is theoretical, concerned with the following questions: How can a normative com…
Reimagining Canada
At times the deep disagreements surrounding Canada's constitutional debates have led Canadians to wonder whether the country can - or should - survive. In Reimagining Canada, Jeremy Webber argues that there is a viable basis for a Canadian community, one which would enjoy the robust allegiance of the vast majority of Canadians. Webber begins by showing how different conceptions of culture, language, and nation shaped Canada's constitutional negot…
Reimagining Canada
Institutional dialogue between courts and legislatures in the definition of fundamental rights
(2003). Institutional dialogue between courts and legislatures in the definition of fundamental rights: lessons from Canada (and elsewhere) Australian Journal of Human Rights: Vol. 9, Special Edition: A Bill of Rights for Australia, pp. 135-182
Legal Pluralism and Human Agency
Much legal-pluralist scholarship tends to naturalize "the law of the context," treating that law as though it were inherent in social interaction, emerging spontaneously, without conscious human decision. This view overstates the role of agreement in human societies and mischaracterizes the nature of law, including non-state law. All law is concerned with establishing a collective set of norms against a backdrop of normative disagreement, not agr…
The Grammar of Customary Law
All law is customary. This article explores how we should conceive of the customary nature of law, proposing a framework for understanding how legal orders are related to their various societies. The article builds upon the pragmatist conception of law developed by Lon Fuller and Gerald Postema, but it goes well beyond their accounts, arguing that their predominantly functionalist approaches are inadequate. Although law does serve to coordinate s…
Remote Sensing of Heat-Related Health Risks
Heat‐related death is considered the number one weather‐related cause of mortality throughout the world. There is growing concern that, heat waves, the primary meteorological phenomena responsible, will become more intense and numerous in the near future. Provided with this growing hazard the responsibility for mitigation, early detection and warning rests with emergency response agencies as well as academic researchers. Numerous tools exist in t…
Empire and Solidarity in International Legal Reform
In the last two decades, aid organizations, led by the World Bank, have advanced legal and political reform as a necessary adjunct of international development assistance. This move has been challenged by critics who argue that institutional reform is inextricably tied to economic liberalization, that it is a form of cultural imperialism, and that it tends to displace domestic struggles for democratic self-determination, replacing them with a uni…
Recognition versus Self-Determination
The political concept of recognition has introduced new ways of thinking about the relationship between minorities and justice in plural societies. But is a politics informed by recognition valuable to minorities today? Contributors to this volume examine the successes and failures of struggles for recognition and self-determination in relation to claims of religious groups, cultural minorities, and indigenous peoples on territories associated wi…
Recognition Versus Self-Determination
The political concept of recognition has introduced new ways of thinking about the relationship between minorities and justice in plural societies. But is a politics informed by recognition valuable to minorities today? Contributors to this volume examine the successes and failures of struggles for recognition and self-determination in relation to claims of religious groups, cultural minorities, and indigenous peoples on territories associated wi…
Le droit foncier en regard des réalités autochtones
Contending Sovereignties
This chapter examines the manner in which questions of sovereignty have arisen in relation to the Indigenous dimensions of the Canadian Constitution. After a brief discussion of the foundation of Indigenous rights in the Canadian Constitution, it reviews the debate over whether Indigenous peoples possess an inherent right of self-government and the treatment of that demand in constitutional negotiations and before the courts. It explores the ways…
Sally Engle Merry, Legal Pluralism, and the Radicalization of Comparative Law
At the very beginning of her career, Sally Engle Merry focused on the legal relations of nonlegally trained people-often members of the working class, marginalized or racialized groups. She explored the disjuncture between those people's understandings of disputing and the concepts, language, and procedural distinctions of legal professionals (Merry 1979, 1990, and more). That work brought her into contact with a number of scholars working on wha…
Democratic Multiplicity
This edited volume argues that democracy is broader and more diverse than the dominant state-centered, modern representative democracies, to which other modes of democracy are either presumed subordinate or ignored. The contributors seek to overcome the standard opposition of democracy from below (participatory) and democracy from above (representative). Rather, they argue that through differently situated participatory and representative practic…
Introduction
This article introduces the special issue on Democratic Constitutionalism in a Populist Age
Understanding Populism
The diversity of features attributed to populism - and, as a result, the variety of critiques leveled at it - are remarkable. It sometimes seems as though people are using the same terms to address very different phenomena. Is there any distinctive meaning to populism? Is populism inherently anti-democratic or, on the contrary, is it the epitome of democratic practice? What should an engagement with populist movements mean for the theory and prac…
A Democracy-Friendly Theory of the Rule of Law
The dominant way of thinking about the rule of law is that it is a constraint, a limit, on government. On this view the limitation applies with full force to all forms of government, democratic and undemocratic, and to both the executive and the legislative branches. The privileged institution for enforcing those limits is the courts. Democracy and the rule of law are, in effect, portrayed as though they were in opposition to one another. That, I…
Special Issue of the Hague Journal on the Rule of Law on Populism, Democracy, and the Rule of Law in Central and Eastern Europe
Political science (17 obras) · Law (16 obras) · Sociology (13 obras) · Law (12 obras) · Politics (8 obras) · Democracy (6 obras) · Law and economics (6 obras) · Philosophy (6 obras) · Judicial and Constitutional Studies (5 obras) · Multicultural Socio-Legal Studies (5 obras)