Listing 1 - 6 of 6 |
Sort by
|
Choose an application
Law and legal discourse both presuppose and produce legal subjects. Views on the nature of the legal subject will constantly shift, therefore, with changes in the law. Contextual Subjects argues that a new view of the legal subject has indeed emerged and that it is now embedded in the social context and relationships. This claim is developed through a contrast of Canadian family law and administrative law as it was in the mid-twentieth century and as it is today.Robert Leckey argues that it is not only the subject that is contextual. Legal discourse and adjudication have also become more contextual, making family law and administrative law themselves contextual subjects. Leckey bolsters this argument through the use of relational theory, a rich strand of feminist political theory that advocates a contextual method and seeks to promote constructive relationships that enable relational autonomy. Developments in family law and administrative law, therefore, exemplify the contextualism called for by relational theorists. Leckey points to the importance of contextualization, but he is not uncritical of relational theory, insisting that it should articulate more forcefully its normative vision of good relationships and offer clear recommendations in contested areas.Contextual Subjects is the most thorough and sustained application of relational theory to legal examples to appear to date. It is unique in Canadian legal scholarship for the way it pairs family law and administrative law, and within legal scholarship in English for its integration of common law and civil law.
Law --- Domestic relations --- Administrative law --- Contextualism (Philosophy) --- Philosophy --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Philosophy. --- Canada. --- Canada (Province) --- Canadae --- Ceanada --- Chanada --- Chanadey --- Dominio del Canadá --- Dominion of Canada --- Jianada --- Kʻaenada --- Kaineḍā --- Kanada --- Ḳanadah --- Kanadaja --- Kanadas --- Ḳanade --- Kanado --- Kanakā --- Province of Canada --- Republica de Canadá --- Yn Chanadey
Choose an application
Scholars have addressed at length the 'what' of judicial review under a bill of rights - scrutinizing legislation and striking it down - but neglected the 'how'. Adopting an internal legal perspective, Robert Leckey addresses that gap by reporting on the processes and activities of judges of the highest courts of Canada, South Africa and the United Kingdom as they apply their relatively new bills of rights. Rejecting the tendency to view rights adjudication as novel and unique, he connects it to the tradition of judging and judicial review in the Commonwealth and identifies respects in which judges' activities in rights cases genuinely are novel - and problematic. Highlighting inventiveness in rights adjudication, including creative remedies and guidance to legislative drafters, he challenges classifications of review as strong or weak. Disputing claims that it is modest and dialogic, he also argues that remedial discretion denies justice to individuals and undermines constitutional supremacy.
Civil rights --- Common law. --- Basic rights --- Civil liberties --- Constitutional rights --- Fundamental rights --- Rights, Civil --- Constitutional law --- Human rights --- Political persecution --- Anglo-American law --- Law, Anglo-American --- Customary law --- Law and legislation --- Civil rights - Commonwealth countries --- Common law --- Canada --- Afrique du Sud --- Royaume-Uni
Choose an application
Choose an application
"This timely interdisciplinary and international collection studies the aftermath of legal reforms made in the name of equality - including 2013's same-sex marriage for England and Wales and the striking down of America's Defense of Marriage Act - and provides methodological, conceptual and theoretical resources for further research. Inspired by queer theory and feminist theory, the chapters' methodologies range from discourse analysis to empirical research. Chapters focus on the UK, Canada, and the US, examining legal developments around same-sex couples and parenting, fathers' rights and equal parenting, cohabitation and care, and organizing for racial equality. This contextual, socio-legal work will be a valuable resource for undergraduate and graduate students and researchers in law, sexuality and gender studies, sociology, and political science in the UK, the USA, and Canada as well as in South Africa, Australia and New Zealand"--
Same-sex marriage --- Gay couples --- Equality before the law. --- Homosexuality --- Gay rights. --- Queer theory. --- Law and legislation. --- Legal status, laws, etc. --- Law and legislation.
Choose an application
Bien que les comparatistes risquent parfois d'exagérer son formalisme, voire sa rigidité, le droit civil dispose de techniques pour trancher les dissonances entre les apparences factuelles et la réalité juridique. À la question «est-ce que le droit privilégie l'apparence ou la réalité ?», la réponse oscille au gré des situations. Les apparences en droit civil fut le thème choisi pour la série d'Ateliers tenue au cours des années 2012 à 2014 par le Centre Paul-André Crépeau de droit privé et comparé.Adrian Popovici, Eric Descheemaeker, Silvia Ferreri, Béatrice Kan-Balivet, Bertrand Stoffel, Régine Tremblay et Daniel Jutras explorent ces divers enjeux au détour du droit des obligations, des biens, de la preuve, de la responsabilité civile ou encore de la famille. Chaque contribution apporte des éclairages et éléments de réponses à une variété de situations en droit privé qui, en dépit des apparences, ne sont pas celles que l'on croit.For over fifteen years, it has been a tradition of the Paul-André Crépeau Centre for Private and Comparative Law to host Civil Law Workshops that aim to explore fundamental issues in the ongoing evolution of the civilian tradition, always in a comparative perspective. What does the law do when appearances are misleading? Should the misleading appearance have juridical effect over the concealed reality, or vice versa? How far should we protect those who rely on appearances? Does it matter who has created the misleading appearance, or how careful a person has been to investigate the situation? What are the private law consequences of misleading others, especially when one has done so unwittingly?
Choose an application
Psychologists face ethical and cultural intricacies in their work on a daily basis. Psychology graduate training and continuing education programs often focus mainly on common ethical issues and mainstream psychological services and settings. Although this provides a wealth of valuable information, it also necessary to look beyond the usual and mainstream. Ethics in Action brings together thirty-four psychologists and eight collaborating professionals from allied disciplines, including nursing, social work, emergency services, and veterinary medicine, to share wisdom gained from facing ethical questions in real-world practice. These knowledgeable contributors share their experiences working with new Canadians, religious minorities, Indigenous communities, and more. They address issues of self-care, teamwork, collaboration, and interprofessional practice. They share the challenges that can arise when working within long-term care facilities, rural settings, equine-therapy settings, academia, and with people in unique circumstances. Structured around the four ethical principles that form the Canadian Code of Ethics for Psychologists, this book goes far beyond the basics, building awareness of the many complex and varied ethical issues practitioners may face. Each chapter includes reflection questions, challenging readers to better understand themselves and to prepare them to respond to complicated situations from an ethical perspective.
PSYCHOLOGY / Practice Management. --- canadian code of ethics. --- code of ethics. --- ethics. --- international psychology. --- practice. --- psychological assessment. --- psychology. --- research. --- teaching. --- universal declaration of ethical principles for psychologists.
Listing 1 - 6 of 6 |
Sort by
|