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Constitutional law --- Droit constitutionnel --- Philosophy --- Philosophy. --- Constitutional law - Canada - Philosophy
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Statelessness --- Stateless persons --- Legal status, laws, etc --- Droit international --- Apatridie --- Apatrides --- Statelessness. --- Legal status, laws, etc. --- Droit international. --- Apatridie. --- Apatrides. --- Stateless persons - Legal status, laws, etc
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Conklin's thesis is that the tradition of modern legal positivism, beginning with Thomas Hobbes, postulated different senses of the invisible as the authorising origin of humanly posited laws. Conklin re-reads the tradition by privileging how the canons share a particular understanding of legal language as written. Leading philosophers who have espoused the tenets of the tradition have assumed that legal language is written and that the authorising origin of humanly posited rules/norms is inaccessible to the written legal language. Conklin's re-reading of the tradition teases out how each of these leading philosophers has postulated that the authorising origin of humanly posited laws is an unanalysable externality to the written language of the legal structure. As such, the authorising origin of posited rules/norms is inaccessible or invisible to their written language. What is this authorising origin? Different forms include an originary author, an a priori concept, and an immediacy of bonding between person and laws. In each case the origin is unwritten in the sense of being inaccessible to the authoritative texts written by the officials of civil institutions of the sovereign state. Conklin sets his thesis in the context of the legal theory of the polis and the pre-polis of Greek tribes. The author claims that the problem is that the tradition of legal positivism of a modern sovereign state excises the experiential, or bodily, meanings from the written language of the posited rules/norms, thereby forgetting the very pre-legal authorising origin of the posited norms that each philosopher admits as offering the finality that legal reasoning demands if it is to be authoritative.
Legal positivism --- -Legal neopositivism --- Neopositivism in law --- Jurisprudence --- Law --- Positivism --- History --- Philosophy --- -History --- Legal neopositivism --- Political science. --- Ethics. --- Law—Philosophy. --- Law. --- Political philosophy. --- Constitutional law. --- Philosophy of Law. --- Theories of Law, Philosophy of Law, Legal History. --- Political Philosophy. --- Constitutional Law. --- Constitutional law --- Constitutional limitations --- Constitutionalism --- Constitutions --- Limitations, Constitutional --- Public law --- Administrative law --- Political philosophy --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Legislation --- Deontology --- Ethics, Primitive --- Ethology --- Moral philosophy --- Morality --- Morals --- Philosophy, Moral --- Science, Moral --- Values --- Administration --- Civil government --- Commonwealth, The --- Government --- Political theory --- Political thought --- Politics --- Science, Political --- Social sciences --- State, The --- Interpretation and construction
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"Statelessness' is a legal status denoting lack of any nationality, a status whereby the otherwise normal link between an individual and a state is absent. The increasingly widespread problem of statelessness has profound legal, social, economic and psychological consequences but also gives rise to the paradox of an international community that claims universal standards for all natural persons while allowing its member states to allow statelessness to occur. In this powerfully argued book, Conklin critically evaluates traditional efforts to recognize and reduce statelessness. The problem, he argues, rests in the obligatory nature of law, domestic or international. By closely analysing a broad spectrum of court and tribunal judgments from many jurisdictions, Conklin explains how confusion has arisen between two discourses, the one discourse inside the other, as to the nature of the international community. One discourse, a surface discourse, describes a community in which international law justifies a state's freedom to confer, withdraw or withhold nationality. This international community incorporates state freedom over nationality matters, bringing about the de jure and effective stateless condition. The other discourse, an inner discourse, highlights a legal bond of socially experienced relationships. Such a bond, judicially referred to as 'effective nationality', is binding upon all states, and where such a bond exists, harm to a stateless person represents harm to the international community as a whole."--Bloomsbury Publishing.
Stateless persons --- Statelessness. --- Legal status, laws, etc.
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Discourse analysis --- Law --- Semantics (Law) --- Semiotics (Law) --- Language
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Chavín culture --- Indian architecture --- Indian art --- Chavín de Huantar (Peru) --- Antiquities.
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Chavín horizon --- Tiahuanaco --- Recuay --- Chimú --- Nazca --- Mochica --- Paracas --- Huari --- Museology --- Art --- Chancay --- Inca [culture, general] --- Latin America --- Andes --- Indians of South America --- Indiens d'Amérique --- Pottery. --- Textile industry and fabrics --- Art. --- Céramique --- Textiles et tissus --- Indiens d'Amérique --- Céramique
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