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“Parliamentary sovereignty rests with the courts:” The Constitutional Foundations of J. G. Diefenbaker’s Canadian Bill of RightsBirenbaum, Jordan Daniel 02 February 2012 (has links)
The 1980s witnessed a judicial “rights revolution” in Canada characterized by the Supreme Court of Canada striking down both federal and provincial legislation which violated the rights guaranteed by the 1982 Charter of Rights. The lack of a similar judicial “rights revolution” in the wake of the 1960 Canadian Bill of Rights has largely been attributed to the structural difference between the two instruments with the latter – as a “mere” statute of the federal parliament – providing little more than a canon of construction and (unlike the Charter) not empowering the courts to engage in judicial review of legislation.
Yet this view contrasts starkly with how the Bill was portrayed by the Diefenbaker government, which argued that it provided for judicial review and would “prevail” over other federal legislation. Many modern scholars have dismissed the idea that the Bill could prevail over other federal statutes as being incompatible with the doctrine of parliamentary sovereignty. That is, a bill of rights could only prevail over legislation if incorporated into the British North America Act. As such, they argue that the Diefenbaker government could not have intended the Bill of Rights to operate as anything more than a canon of construction.
However, such a view ignores the turbulence in constitutional thinking on parliamentary sovereignty in the 1930s through 1960s provoked by the Statute of Westminster. This era produced the doctrine of “self-embracing” sovereignty – in contrast to traditional “Dicey” sovereignty – where parliament could limit itself through “ordinary” legislation. The effective author of the Canadian Bill of Rights, Elmer Driedger, was an adherent of this doctrine as well as an advocate of a “purposive” approach to statutory interpretation. Driedger, thus, drafted the Bill based upon the doctrine of self-embracing sovereignty and believed it would enjoy a “purposive” interpretation by the courts, with the Bill designed to be as effective at guaranteeing rights as the Statute of Westminster was at liberating Canada from Imperial legislation.
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Vampires in the sunburnt country : adapting vampire Gothic to the Australian landscapeNahrung, Jason January 2007 (has links)
I first became enamoured with vampire Gothic after reading Bram Stoker's Dracula in high school, but gradually became dissatisfied with the Australian adaptations of the sub-genre. In looking for examples of Australian vampire Gothic, a survey of more than 50 short stories, 23 novels and five movies made by Australians reveals fewer than half were set in an identifiably Australian setting. Even fewer make use of three key, landscape-related tropes of vampire Gothic - darkness, earth and ruins. Why are so few Australian vampire stories set in Australia? In what ways can the metaphorical elements of vampire Gothic be applied to the Sunburnt Country? This paper seeks to answer these questions by examining examples of Australian vampire narratives, including film. Particular attention is given to Mudrooroo's Master of the Ghost Dreaming series which, more than any other Australian novel, succeeds in manipulating and subverting the tropes of vampire Gothic. The process of adaptation of vampire Gothic to the Australian environment, both natural and man-made, is also a core concern of my own novel, Vampires' Bane, which uses earth, darkness and a modern permutation of ruins to explore its metaphorical intentions. Through examining previous works and through my own creative process, Vampires' Bane, I argue that Australia's growing urbanisation can be juxtaposed against the vampire-hostile natural environment to enhance the tropes of vampire Gothic, and make Australia a suitable home for narratives that explore the ongoing evolution of Count Dracula and his many-faceted descendants.
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Forgone nations : constructions of national identity in Elizabethan historiography and literature: Stanihurst, Spenser, Shakespeare /Kläger, Florian. January 2006 (has links)
Zugl.: Düsseldorf, University, Diss.
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Embodied vision sublimity and mystery in the fiction of Flannery O'Connor /Hicks, Andrew Patrick, January 2008 (has links) (PDF)
Thesis (M.A.)--University of Tennessee, Knoxville, 2008. / Title from title page screen (viewed on Sept. 14, 2009). Thesis advisor: Thomas Haddox. Vita. Includes bibliographical references.
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A questão da intencionalidade em Husserl e Heidegger: caminhos e descaminhos / The subject of intentionality in Husserl and HeideggerLauer, Luís Felipe Netto 03 July 2008 (has links)
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Previous issue date: 2008-07-03 / Fundação Araucária / The conductive thread of Edmund Husserl and Martin Heidegger s phenomenological investigations is the concept of intentionality; his analysis has for purpose to solve the fundamental methodological problem concerning the scientific disclosure of the sphere of lived experience (Erlebnis). So that it becomes clear, it is necessary to consider him formally. In Husserl, the sphere of lived experience is the one of the pure ego or pure consciousness, and the intentionality is understood as intentionality of consciousness; in Heidegger, it is treated of what denominated factical life or existence of Dasein, in that the intentionality designates the type of comportment that the human existence maintains in relation to itself and to the world. This work seeks a critical confrontation among the two positions, pointing out the heideggerian concern with the inadequacies of the theoretical attitude and her form of conceiving the field of the formal, towards an investigation concerning the nature and the formation of the concepts and philosophical statements as formal indications. / O fio condutor das investigações fenomenológicas de Edmund Husserl e Martin Heidegger é o conceito de intencionalidade; sua análise tem por finalidade resolver o problema metodológico fundamental acerca do modo de abrir cientificamente a esfera dos vividos (Erlebnis). Para que se torne claro, é necessário considerá-lo formalmente. Em Husserl, a esfera dos vividos é a do ego puro ou consciência pura, e a intencionalidade é compreendida como intencionalidade da consciência; em Heidegger, trata-se do que denominou vida ou existência fáctica do Dasein, em que a intencionalidade designa o tipo de comportamento que a existência humana mantém em relação a si e para com o mundo. Este trabalho visa um confronto crítico entre as duas posições, salientando a preocupação heideggeriana com as
insuficiências da atitude teorética e sua forma de conceber o campo do formal, em direção a uma investigação acerca da natureza e da formação dos conceitos e enunciados filosóficos como indicações formais.
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A Neoconservative Theory of International Politics?Mahabir, Lakshana 14 May 2018 (has links)
Neoconservatism has long had a tenuous relationship with International Relations theory. Despite an abundance of explanatory material and its influence in US foreign policy, few works in IR have attempted to build a stand-alone theory out of it. Furthermore, previous work on the topic has resulted in an under-developed and poor understanding of the movement’s core ideas. The thesis redefines neoconservatism as a trifecta of i) a set of explanatory ideas on world politics, ii) an approach to foreign policy, and iii) an ideology that stems from the European Enlightenment, all the way to the present day. Using this expanded conceptualization, the thesis builds a theory out of what can broadly be considered an ideology. The theory takes the form of an ideal-type construct and emphasizes hegemony in the international system. It offers an explanation for the causes of alliances, as well as regional and systemic conflicts. The theory also adopts a prescriptive function and offers an account of foreign policy analysis. It is highly recommended that the assumptions of the theory that are laid out here be tested in future work.
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De la psychologie descriptive à la phénoménologie transcendantale: essai sur la portée métaphysique de l'intériorité phénoménologique dans la pensée d'Edmund HusserlMazzù, Antonino January 2001 (has links)
Doctorat en philosophie et lettres / info:eu-repo/semantics/nonPublished
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'Wounded Harts' : metaphor and desire in the epic-romances of Tasso, Sidney, and SpenserPhelps, Paul Chandler January 2014 (has links)
If we consider the representation of the body in the epic-romances of Torquato Tasso, Philip Sidney, and Edmund Spenser, certain instances of wounding and laceration emerge as crucial turning points in the development of their respective narratives: Clorinda’s redemptive mutilation, Parthenia’s blood-drenched pallor, Amavia’s disquieting suicide, Venus’s insatiable orifice, Amoret’s “perfect hole.” This thesis affords a detailed comparative study of such passages, contending that the wound assumed a critical metaphoric dimension in sixteenth-century epic-romance literature, particularly in relation to the perceived association between body condition and erotic desire. Along with its function as a marker of martial valor and somatic sacredness, the wound, I argue, increasingly is designated in these epic-romances as an interiorizing apparatus, one liable to accrue at any instance into a surplus of unanticipated meaning. As such, the wound becomes an emblem in these texts of what I call the phenomenology of desire—the equation of consummation and loss—as well as the aesthetic and metaphoric mechanism by which these writers seek to overcome it. The four chapters of this thesis constitute individual but cumulative points of response to the problem of thinking about desire as a type of wound. For Tasso, a wound poses a challenge to physical, psychological, and spiritual integrity, but its remarkable capacity for aestheticization also allows Tasso to envision it as a synthesizer of sacred and erotic affects. For Sidney, the prospect that a wound could define a body as courageous or pathetic, as sacred or corrupt, became both politically and socially troubling, and the New Arcadia, I argue, proleptically attempts to defend Sidney against interpretations of wounds that register them as manifestations of corrupt desire. For Spenser, body fracture and erotic wounding are analogic (indeed, almost indistinguishable), and The Faerie Queene investigates the prospect that confusing these analogies can become an empowering, even revelatory experience. In each of these epic-romances, a wound serves both a literal and a figurative function and, in this way, is established as the foremost image by which these writers imagine strength and mutilation, affect and heroism, epic and romance as being inextricably bound.
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“Parliamentary sovereignty rests with the courts:” The Constitutional Foundations of J. G. Diefenbaker’s Canadian Bill of RightsBirenbaum, Jordan Daniel January 2012 (has links)
The 1980s witnessed a judicial “rights revolution” in Canada characterized by the Supreme Court of Canada striking down both federal and provincial legislation which violated the rights guaranteed by the 1982 Charter of Rights. The lack of a similar judicial “rights revolution” in the wake of the 1960 Canadian Bill of Rights has largely been attributed to the structural difference between the two instruments with the latter – as a “mere” statute of the federal parliament – providing little more than a canon of construction and (unlike the Charter) not empowering the courts to engage in judicial review of legislation.
Yet this view contrasts starkly with how the Bill was portrayed by the Diefenbaker government, which argued that it provided for judicial review and would “prevail” over other federal legislation. Many modern scholars have dismissed the idea that the Bill could prevail over other federal statutes as being incompatible with the doctrine of parliamentary sovereignty. That is, a bill of rights could only prevail over legislation if incorporated into the British North America Act. As such, they argue that the Diefenbaker government could not have intended the Bill of Rights to operate as anything more than a canon of construction.
However, such a view ignores the turbulence in constitutional thinking on parliamentary sovereignty in the 1930s through 1960s provoked by the Statute of Westminster. This era produced the doctrine of “self-embracing” sovereignty – in contrast to traditional “Dicey” sovereignty – where parliament could limit itself through “ordinary” legislation. The effective author of the Canadian Bill of Rights, Elmer Driedger, was an adherent of this doctrine as well as an advocate of a “purposive” approach to statutory interpretation. Driedger, thus, drafted the Bill based upon the doctrine of self-embracing sovereignty and believed it would enjoy a “purposive” interpretation by the courts, with the Bill designed to be as effective at guaranteeing rights as the Statute of Westminster was at liberating Canada from Imperial legislation.
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Nebezpečná metoda 19 / The Dangerous Method # 19Staněk, Jiří Unknown Date (has links)
I'm working with photographs of Sigmund Freud's apartment and creating their pseudo reconstruction. I'm trying through technique of linocut uncover light from black and white photos taken by documentarist Edmund Engelman in Vienna in 1938. I'm revealing volumes of individual fragments, which light falls on. Exposed light I keep for myself, for some melancholy reasons, and store it in glass jars. It is negative and final linocut represents positive. Atmosphere of pictures from Edmund Engelman's book has a big influence on me as well as Robert Longo's cycle Freud Drawings. Their atmosphere is catalyst for my own art solution.
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