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You searched for +publisher:"University of Saskatchewan" +contributor:("Newman, Dwight G."). Showing records 1 – 3 of 3 total matches.

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1. Toth, Adryan. Law in 3-Dimensions.

Degree: 2013, University of Saskatchewan

This project, overall, involves a theory of law as dimensions. Throughout the history of the study of law, many different theoretical paradigms have emerged proffering different and competing ways to answer the question ‘what is law’? Traditionally, many of these paradigms have been at irreconcilable odds with one another. Notwithstanding this seeming reality, the goal of this project was to attempt to take three of the leading paradigms in legal theory and provide a way to explain how each might fit into a single coherent theory of law. I set out to accomplish this by drawing on the field of theoretical physics and that field’s use of spatial dimensions in explaining various physical phenomena. By engaging in a dimensional analysis of law, I found that I was able to place each paradigm within its own dimension with that dimension being defined by a specific element of time, and in doing so much of the conflict between the paradigms came to be ameliorated. The project has been divided into two main parts. PART I discusses the fundamentals of legal theory (Chapter 1) and the fundamentals of dimensions (Chapter 2). These fundamentals provide a foundation for a dimensional analysis of law which takes place throughout PART II. In Chapter 3, I argue that the three fundamental theses of Positivism coalesce with the 1st-dimension of law, which is defined as law as it exists at any one point in time. From there, I argue in Chapter 4 that the 2nd-dimension of law, being law as it exists between two points in time (i.e. when cases are adjudicated), is characterized by Pragmatism. I then turn, in Chapter 5, to argue that the 3rd-dimension of law, being law as it exists from the very first point in legal time to the ever changing present day, coalesces with the fundamental theses of Naturalism. Ultimately then, I argue that a theory of law as dimensions, through the vantage points of the specific elements of time, provides a more complete account of the nature of law. Advisors/Committee Members: Newman, Dwight G., Norman, Ken, Plaxton, Michael.

Subjects/Keywords: Legal Theory; Jurisprudence; Philosophy of Law; Legal Positivism; Positive Law; Natural Law; Pragmatism; Inclusive Positivism; Exclusive Positivism; Interpretation; Hart; Dworkin; Posner; Finnis; Fuller; Gardner; Shapiro; Hume; Elements of Time; Dimensions; Constitutional Law; Morality; Morals; Separation; Legal Reasoning; Lawyers; Law; Necessary Connection; Multiple Right Answer; Best Choice; Principle; Practicality; Judicial Adjudication; Point in Time; Audacity of Morality; Law's True Ambition; What is Law?; Theoretical Physics; Double Bind; Multiple Bind; First-Order Considerations; Second-Order Considerations; Penumbra; Purity; General Goal; Incommensurable; Legal System; Wicked Legal System.

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6th Edition):

Toth, A. (2013). Law in 3-Dimensions. (Thesis). University of Saskatchewan. Retrieved from http://hdl.handle.net/10388/ETD-2013-03-986

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16th Edition):

Toth, Adryan. “Law in 3-Dimensions.” 2013. Thesis, University of Saskatchewan. Accessed July 14, 2020. http://hdl.handle.net/10388/ETD-2013-03-986.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7th Edition):

Toth, Adryan. “Law in 3-Dimensions.” 2013. Web. 14 Jul 2020.

Vancouver:

Toth A. Law in 3-Dimensions. [Internet] [Thesis]. University of Saskatchewan; 2013. [cited 2020 Jul 14]. Available from: http://hdl.handle.net/10388/ETD-2013-03-986.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Toth A. Law in 3-Dimensions. [Thesis]. University of Saskatchewan; 2013. Available from: http://hdl.handle.net/10388/ETD-2013-03-986

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

2. Kirk, Courtney. The Sound of Silence: First Nations and British Columbia Emergency Management.

Degree: 2015, University of Saskatchewan

In this thesis I offer a brief overview of the current legislative, regulatory and treaty frameworks impacting emergency management in British Columbia, with a particular emphasis on Crown-identified First Nation roles. I show that the regime overwhelmingly positions non-First Nation governments, contractors and other organizations to manage emergencies on behalf of First Nations. I explore emergency management as a manifold process that includes protracted planning, mitigation and recovery phases, which, unlike emergency response, are carried out with lower levels of urgency. I consider Canadian Constitution Act, 1982 (s. 35) Aboriginal rights in light of the lack of statutorily prescribed inclusion of First Nations in off-reserve emergency management, particularly at the planning, mitigation and recovery phases concluding that the jurisprudence to date (including the duty to consult and Aboriginal title) does not appear to have revolutionized the regime. While the constitutional status of Aboriginal rights should operate to insure adequate First Nation direction in each stage of emergency management, the regime continues to restrictively prioritize other constitutional priorities, such as division of powers and civil liberties. To better understand the omission, I theorize the lack of Crown implementation of s. 35 Aboriginal rights generally as an ‘obligation gap’, highlighting how an analysis of s. 35 Aboriginal rights as ‘negative rights’ fails to compel implementation of the full scope of Crown obligations implicit within the jurisprudence to date. I then offer a new framework for s. 35 as justiciable ‘recognition rights’ and juxtapose ‘recognition rights’ with the idea of justiciability of government inaction through a brief comparative analysis of socioeconomic rights in South Africa’s constitution and Canada’s constitutional Aboriginal rights. With a decided emphasis on the obligations of the Crown, this thesis attempts to offer fodder to First Nations and legal practitioners seeking to challenge the emergency management landscape where First Nations seek an enhanced role in protecting and restoring their respective territories in anticipation of, and in the wake of, disaster. For convenience and clarity, contemporary geographical and jurisdictional references to the areas now known as Canada and British Columbia are used throughout the thesis without intention to detract from the integrity of First Nation claims to their traditional and ancestral territories. Advisors/Committee Members: Newman, Dwight G., Hoehn, Felix, Carter, Mark.

Subjects/Keywords: emergency management; First Nations; Canada; British Columbia; Aboriginal rights; negative rights; recognition rights; constitutional obligations; Isaiah Berlin; South Africa; positive rights; disaster; recovery; planning; mitigation; response; disaster risk management; risk assessment; treaty; local authority; duty to consult; duty to accommodate; s. 35; UNDRIP; self-government; self-determination; honour of the Crown; reconciliation; Sendai Framework

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6th Edition):

Kirk, C. (2015). The Sound of Silence: First Nations and British Columbia Emergency Management. (Thesis). University of Saskatchewan. Retrieved from http://hdl.handle.net/10388/ETD-2015-08-2241

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16th Edition):

Kirk, Courtney. “The Sound of Silence: First Nations and British Columbia Emergency Management.” 2015. Thesis, University of Saskatchewan. Accessed July 14, 2020. http://hdl.handle.net/10388/ETD-2015-08-2241.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7th Edition):

Kirk, Courtney. “The Sound of Silence: First Nations and British Columbia Emergency Management.” 2015. Web. 14 Jul 2020.

Vancouver:

Kirk C. The Sound of Silence: First Nations and British Columbia Emergency Management. [Internet] [Thesis]. University of Saskatchewan; 2015. [cited 2020 Jul 14]. Available from: http://hdl.handle.net/10388/ETD-2015-08-2241.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Kirk C. The Sound of Silence: First Nations and British Columbia Emergency Management. [Thesis]. University of Saskatchewan; 2015. Available from: http://hdl.handle.net/10388/ETD-2015-08-2241

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

3. Ezeani, Nnaemeka. APPROPRIATE LEGAL PRINCIPLES FOR DETERMINATION OF COMPENSATION FOR INFRINGEMENTS OF ABORIGINAL TITLE IN CANADA.

Degree: 2018, University of Saskatchewan

This thesis explores the appropriate legal principles that should inform monetary compensation for infringements of Aboriginal title in Canada. The research does not extend to other forms of remedies that may be applicable where Aboriginal title is infringed. The focus is on the unresolved issues of the measure of compensation for infringement of Aboriginal title. This is premised on the fact that Aboriginal title is sui generis and the general principles for the determination of compensation for infringements of real property may not readily augur well with the nature of Aboriginal title. The focus on monetary compensation does not imply that compensation is the only remedy available for infringement of Aboriginal title as other remedies may be viable where Aboriginal title is infringed. For the limited scope of this research, there is enough to deal with here on compensation as one can only do so much for one thesis. The research provides scholarly insight into the possible challenges of determining compensation that will remedy the loss of an Aboriginal group whose land rights and interests are infringed. The main challenge faced in the determination of compensation appears to be the difficulty in the valuation of both the economic and non-economic dimensions of Aboriginal title which should ordinarily determine the amount of compensation payable when it is infringed. This research aims to provide innovative and original potential solutions to the issue of calculation of compensation for infringements of Aboriginal title. In designing the mechanism that should inform compensation, the work draws from the experiences in Australia, Malaysia, the international arena and some of the extant persuasive principles tenable in Canada. It argues that one of the possible solutions to the issue of compensation is the adoption of a bifurcated approach in the determination of compensation. This approach entails the separation of the incalculable component of the value of Aboriginal title from the calculable component. It contends that the danger of a holistic measurement of the value of the infringed rights and interests in lands subject to Aboriginal title is that the rights and interest may become wholly incalculable. Hence, in practical terms, the solution to that danger is to separate the calculable component from the incalculable component; calculate the value of the calculable component and award a solatium for the incalculable component. This thesis goes on to recommend the use of assessors with indigenous backgrounds in the determination of compensation. This will bring Aboriginal perspective in the determination of compensation. Finally, recognizing that some of the potential solutions may need legislative action, this thesis recommends the enactment of legislation that will set out the appropriate legal principles for the determination of compensation for infringement of Aboriginal title in Canada. Advisors/Committee Members: Newman, Dwight G, Plaxton, Michael, Chartrand, Larry, Young, Simon.

Subjects/Keywords: Compensation; Aboriginal title; Infringement; Canada

…Rights in Constitutional and International Law at the University of Saskatchewan, Canada. In… 

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6th Edition):

Ezeani, N. (2018). APPROPRIATE LEGAL PRINCIPLES FOR DETERMINATION OF COMPENSATION FOR INFRINGEMENTS OF ABORIGINAL TITLE IN CANADA. (Thesis). University of Saskatchewan. Retrieved from http://hdl.handle.net/10388/10959

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16th Edition):

Ezeani, Nnaemeka. “APPROPRIATE LEGAL PRINCIPLES FOR DETERMINATION OF COMPENSATION FOR INFRINGEMENTS OF ABORIGINAL TITLE IN CANADA.” 2018. Thesis, University of Saskatchewan. Accessed July 14, 2020. http://hdl.handle.net/10388/10959.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7th Edition):

Ezeani, Nnaemeka. “APPROPRIATE LEGAL PRINCIPLES FOR DETERMINATION OF COMPENSATION FOR INFRINGEMENTS OF ABORIGINAL TITLE IN CANADA.” 2018. Web. 14 Jul 2020.

Vancouver:

Ezeani N. APPROPRIATE LEGAL PRINCIPLES FOR DETERMINATION OF COMPENSATION FOR INFRINGEMENTS OF ABORIGINAL TITLE IN CANADA. [Internet] [Thesis]. University of Saskatchewan; 2018. [cited 2020 Jul 14]. Available from: http://hdl.handle.net/10388/10959.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Ezeani N. APPROPRIATE LEGAL PRINCIPLES FOR DETERMINATION OF COMPENSATION FOR INFRINGEMENTS OF ABORIGINAL TITLE IN CANADA. [Thesis]. University of Saskatchewan; 2018. Available from: http://hdl.handle.net/10388/10959

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

.