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Keywords: jurisdiction
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Chapter
“No More to Medle of the Matter”: Thomas More, Equity, and the Claims of Jurisdiction
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Bradin Cormack
Published: 01 February 2008
... in the early 1530s, it examines a parable used by More in 1534 to defend his refusal to swear the oath in affirmation of the Act of Succession. From this more explicit meditation on jurisdiction, the chapter then turns to Utopia (1516), a book in which More famously embeds his portrait...
Chapter
“To Law for Our Children”: Norm and Jurisdiction in Webster, Rowley, and Heywood's Cure for a Cuckold
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Bradin Cormack
Published: 01 February 2008
... of sustaining a norm alternative to the law's own jurisdictionally constituted norms. Its fascination with jurisdiction and with semi-technical distinctions within and between legal orders speaks to the continuing importance of the Inns of Court as sponsors and knowing audience for theatrical and literary...
Chapter
Judgment beyond Jurisdiction
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Christopher Skeaff
Published: 25 June 2018
... of the concept stages a conflict between two paradigmatic ways of envisioning and employing judgment politically. The state’s authority to determine matters of public utility represents a sovereign form of judgment that one might call “jurisdiction,” in contrast to the activity of “jurisprudence,” exemplified...
Chapter
Legal Pluralism as Temporal Pluralism: Historical Rights, Legal Vitalism, and Non-Synchronous Sovereignty
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Natasha Wheatley
Published: 11 December 2020
... voiced in the language of history rather than geography. It analyzes debates about “historical rights”—rights inherited “from the past” that qualify or frustrate sovereignty in the present. It first examines the question of the “survival” of indigenous land rights in settler colonial jurisdictions like...
Chapter
Published: 08 March 2018
..., as those connections play themselves out. In the face of rising “neotribal” capitalism, Smith shows, negotiating the labyrinthine ties linking technologies of power, jurisdiction, and suzerainty – against the background of the presumptive “feudalism” of local African sovereignty -- may become matters...
Chapter
A Language
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Lee Cabatingan
Published: 05 June 2023
... communications law non sovereignty Gal Susan geopolitics ideology Richland Justin Agamben Giorgio appellate jurisdiction Hobbes Thomas media nation state public education Schmitt Carl sovereignty state sovereignty Judicial Committee of the Privy Council JCPC Port of Spain Jamaica Soca...
Book
The Birth of Territory
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Stuart Elden
Published online: 23 January 2014
Published in print: 26 August 2013
Chapter
Border Laboratories
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Jeffrey S. Kahn
Published: 03 January 2019
... history interviews with a new theoretical approach to American border space, its jurisdictional paradigms, and its legal fictions. This framework conceptualizes borders as a complex of three elements—a judicial border, a policing border, and a territorial border—each standing for the outer limits...
Chapter
The Jurisdictional Imagination
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Jeffrey S. Kahn
Published: 03 January 2019
... of what types of executive power can legitimately operate in certain spaces, including spaces defined as exceptional vis-a-vis a juridically defined norm—i.e., states of exception. The chapter also expounds a new theoretical approach within legal geography organized around three concepts of jurisdictional...
Book
Published online: 19 September 2019
Published in print: 03 January 2019
... and jurisdictionally insulated from the mechanisms that might shape, slow, and revisit their pronouncements aboard the patrolling cutters? What does decisionism and its specters have to do with a handful of INS officials grinding out refugee screening denials in the waters of the northern Caribbean? The forces...
Chapter
Judges and Notaries
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James A. Brundage
Published: 15 May 2008
...The presiding officer of the consistory court of a bishop or lesser prelate was an ordinary judge usually styled the “official.” Prelates by definition possessed the right of “ordinary jurisdiction,” which is to say that they were the usual and customary judges of disputes or disciplinary...
Chapter
Liberty as Recognition
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Nandini Chatterjee
Published: 21 July 2015
...This essay reviews a series of controversies involving different conceptions of religious freedom in India, and charts the clashes between religious freedom conceptualized as jurisdictional autonomy versus religious freedom conceived as social justice justifying state intervention following...
Chapter
Literature and Jurisdiction
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Bradin Cormack
Published: 01 February 2008
... of effect from cause and, second, in the dramatic projection of a jurisdictional imaginary capable of sustaining a norm alternative to the law's own jurisdictionally constituted norms. As the logical expression of a process of legal rationalization, the law's authority formally produces...
Chapter
“To Stride a Limit”: Imperium, Crisis, and Accommodation in Shakespeare's Cymbeline and Pericles
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Bradin Cormack
Published: 01 February 2008
...), this chapter explores a virtual jurisdiction constitutive of empire. Shakespearean romantic tragicomedy emerges here as an extended engagement with the idea of jurisdiction as it came under pressure in consequence, first, of the union of the Scottish and English Crowns in 1603, and, second, of the changing...
Chapter
Published: 15 April 2021
...Newspaper elopement notices and runaway ads introduce the fraught relationship between “household government,” local legal practices, and higher-level authorities’ prescriptive statements about the law of domestic relations. This chapter outlines jurisdictional conflicts within early-modern...
Chapter
Published: 15 April 2021
... religious authority and legal jurisdiction to the imperial conflicts that produced the American Revolution. The 1729 Yorke-Talbot opinion declaring that neither marriage nor baptism freed slaves, England’s controversial 1753 marriage act, Scottish Enlightenment stadial theories that used domestic law...
Book
A Power to Do Justice: Jurisdiction, English Literature, and the Rise of Common Law
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Bradin Cormack
Published online: 21 February 2013
Published in print: 01 February 2008
...English law underwent rapid transformation in the sixteenth century, in response to the Reformation and also to heightened litigation and legal professionalization. As the common law became more comprehensive and systematic, the principle of jurisdiction came under particular strain. When...
Chapter
Published: 21 July 2015
... jurisdiction privatization Vatican the liberals secular state Commission on International Religious Freedom exceptionalism American freedom of conscience fundamentalism International Religious Freedom Act Islam liturgy mosque s Muslim practice terrorism governance US Supreme Court ECHR Lautsi...
Chapter
The Two Focal Points of Modern Isonomy
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Gerald Stourzh and Gerald Stourzh
Published: 14 December 2021
... constitutional jurisdiction suffrage civil rights representation The six components of a political order discussed in chapter 5 are ones I would like to collectively designate as “modern isonomy,” at least for those countries presently built on democracy and human rights. The focus of each of these six...
Chapter
Cooperation without Submission
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Justin B. Richland
Published: 06 September 2021
... and relations Indigenous respect Sekaquaptewa Emory social contract sociopolitical order decentralized Hopi theory of sovereignty Hopi Cultural Preservation Office HCPO Indigenous juris dictions of CWS jurisdiction self governance Tribal settler colonial states unrecognizability cont assimilation...