Feminist Judgments of Aotearoa New Zealand Book

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Feminist Judgments of Aotearoa New Zealand

By Elisabeth McDonald,Rhonda Powell,Mamari Stephens,Rosemary Hunter
  • ISBN Code: : 1509909737
  • Publisher : Bloomsbury Publishing
  • Pages : 464
  • Category : Law
  • Reads : 598
  • Book Compatibility : Pdf, ePub, Mobi, Kindle
  • Pdf : feminist-judgments-of-aotearoa-new-zealand.pdf

Book Excerpt :

This edited collection asks how key New Zealand judgments might read if they were written by a feminist judge. Feminist judging is an emerging critical legal approach that works within the confines of common law legal method to challenge the myth of judicial neutrality and illustrate how the personal experiences and perspectives of judges may influence the reasoning and outcome of their decisions. Uniquely, this book includes a set of cases employing an approach based on mana wahine, the use of Maori values that recognise the complex realities of Maori women's lives. Through these feminist and mana wahine judgments, it opens possibilities of more inclusive judicial decision making for the future. 'This Project stops us in our tracks and asks us: how could things have been different? At key moments in our legal history, what difference would it have made if feminist judges had been at the tiller? By doing so, it raises a host of important questions. What does it take to be a feminist judge? Would we want our judges to be feminists and if so why? Is there a uniquely female perspective to judging?' Professor Claudia Geiringer, Faculty of Law, Victoria University of Wellington 'With this book, some of our leading jurists expose the biases and power structures that underpin legal rules and the interpretation of them. Some also give voice to mana wahine perspectives on and about the law that have become invisible over time, perpetuating the impacts of colonialism and patriarchy combined on Maori women. I hope this book will be a catalyst for our nation to better understand and then seek to ameliorate these impacts.' Dr Claire Charters, Associate Professor, Faculty of Law, University of Auckland 'The work is highly illuminating and is critical to the development of our legal system ... It is crucial, not only for legal education, so that students of the law open their minds to the different ways legal problems can be conceptualised and decided. It is also crucial if we are going to have a truly just legal system where all the different voices and perspectives are fairly heard.' Professor Mark Henaghan, Dean of the Faculty of Law, University of Otago 'I believe this project is particularly important, as few academics or researchers in New Zealand concentrate on judicial method. I am therefore hopeful that it will provoke thoughtful debate in a critical area for society.' The Honourable Justice Helen Winkelmann, New Zealand Court of Appeal

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  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Auckland University Press
  • Book Code : 1776710924
  • Total of Pages : 408
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  • Pdf File: environmental-politics-and-policy-in-aotearoa-new-zealand.pdf

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  • Pdf File: indigenous-legal-judgments.pdf

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  • File : Pdf, ePub, Mobi, Kindle
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  • Book Code : 1782252797
  • Total of Pages : 366
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  • Pdf File: final-judgment.pdf

Book Short Summary:

Winner of the Inner Temple book prize 2015 and the Socio-Legal Studies Association Book prize 2014/15 The House of Lords, for over 300 years the UK's highest court, was transformed in 2009 into the UK Supreme Court. This book provides a compelling and unrivalled view into the workings of the Court during its final decade, and into the formative years of the Supreme Court. Drawing on over 100 interviews, including more than 40 with Law Lords and Justices, and uniquely, some of their judicial notebooks, this is a landmark study of appellate judging 'from the inside' by an author whose earlier work on the House of Lords has provided a scholarly benchmark for over 30 years. The book demonstrates that appellate decision-making in the UK's final court remains a social and collective process, primarily because of the dialogues which take place between the judges and the key groups with which they interact when reaching their decisions. As the book shows, the forms of dialogue are now more varied, yet the most significant dialogues continue to be with their fellow Law Lords and Justices, and with counsel. To these, new dialogues have been added, namely those with foreign courts (especially Strasbourg) and with judicial assistants, which have subtly altered the tenor and import of their other dialogues. The research reveals that, unlike the English Court of Appeal, the House of Lords in its last decade was only intermittently collegial since Lord Bingham's philosophy of appellate judging left opinion writing, concurrences and dissents largely to individual preference. In the Supreme Court, however, there has been a marked shift to team working and collective decision-making bringing with it challenges and occasional tensions not seen in the final years of the House of Lords. The work shows that effectiveness in group-decision making in the final court turns in part on the stages when dialogues occur, in part on the geography of the court and in part on the task leadership and social leadership skills of the judges involved in particular cases. The passing of the Human Rights Act and the expansion in judicial review over the last 30 years have dramatically altered the two remaining dialogues - those with Parliament and with the Executive. With the former, the dialogue has grown more distant, with the latter, more problematic, than was the case 40 years ago. The last chapter rehearses where the changing dialogues have left the UK's final court. Ironically, despite the oft applauded commitment of the new Court to public visibility, the book concludes that even greater transparency in the dialogue with the public may be required. 'The way appellate judges at the highest level behave to each other, to counsel, with other branches of government and with other courts is brought under closer scrutiny in this book than ever before...The remarkable width and depth of his examination...has resulted in a work of real scholarship, which all those who are interested in how appellate courts work all over the common law world will find especially valuable.' From the foreword by Lord Hope of Craighead KT 'Alan Paterson's knowledge and interest in the Supreme Court, coupled with his expertise as a lawyer who understands the legal system and the judicial process, make him a perfect chronicler and assessor of what the Court's role is and what it should be, and how it functions and how it might improve.' Lord Neuberger, President of the Supreme Court

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  • Pdf File: routledge-handbook-of-socio-legal-theory-and-methods.pdf

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  • Total of Pages : 368
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  • Pdf File: gender-equality-in-law.pdf

Book Short Summary:

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  • File : Pdf, ePub, Mobi, Kindle
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  • Total of Pages : 304
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  • Pdf File: law-and-gender-in-modern-ireland.pdf

Book Short Summary:

Law and Gender in Modern Ireland: Critique and Reform is the first generalist text to tackle the intersection of law and gender in this jurisdiction for over two decades. As such, it could hardly have come at a more opportune moment. The topic of law and gender, perhaps more so than at any other time in Irish history, has assumed a dominant place in political and academic debate. Among scholars and policy-makers alike, the regulation of gendered bodies, and the legal status of sexual and gendered identities, is now a highly visible fault line in public discourse. Debates over reproductive justice (exemplified by the recent referendum to remove the '8th Amendment'), increased rights for lesbian, gay, bisexual and transgender persons (including the public-sanctioned introduction of same-sex marriage) and the historic mistreatment of women and young girls have re-shaped Irish public and political life, and encouraged Irish society to re-examine long-unchallenged gender norms. While many traditional flashpoints remain such as abortion and prostitution/sex work, there are also new questions, including surrogacy and the gendered experience of asylum frameworks, which have emerged. As policy-makers seek to enact reforms, they face a population with increasingly polarised perceptions of gender and a legal structure ill-equipped for modern realities. This edited volume directly addresses modern Irish debates on law and gender. Providing an overview of the existing rules and standards, as well as exploring possible options for reform, the collection stands as an important statement on the law in this jurisdiction, and as an invaluable resource for pursuing gendered social change. While the edited collection applies a doctrinal methodology to explain current statutes, case law and administrative practices, the contributors also invoke critical gender, queer and race perspectives to identify and problematise existing (and potential) challenges. This edited collection is essential reading for all who are interested in law, gender and processes of social change in modern Ireland.

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  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Bloomsbury Publishing
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  • Total of Pages : 424
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  • Pdf File: scholars-of-tort-law.pdf

Book Short Summary:

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  • Book Code : 1847311555
  • Total of Pages : 287
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  • Pdf File: gender-culture-and-human-rights.pdf

Book Short Summary:

In recent years, feminist theory has increasingly defined itself in opposition to universalism and to discourses of human rights. Rejecting the troubled legacies of Enlightenment thinking, feminists have questioned the very premises upon which the international human rights movement is based. Rather than abandoning human rights discourse, however, this book argues that feminism should reclaim the universal and reconstruct the theory and practice of human rights. Discourse ethics and its post-metaphysical defence of universalism is offered as a key to this process of reconstruction. The implications of discourse ethics and the possibility of reclaiming universalism are explored in the context of the reservations debate in international human rights law and further examined in debates on women's human rights arising in Ireland, India and Pakistan. Each of these states shares a common constitutional heritage and, in each, religious-cultural claims, intertwined with processes of nation-building, have constrained the pursuit of gender equality. Ultimately, this book argues in favour of a dual-track approach to cultural conflicts, combining legal regulation with an ongoing moral-political dialogue on the scope and content of human rights.

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  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Bloomsbury Publishing
  • Book Code : 1509921907
  • Total of Pages : 280
  • Category : Law
  • Members : 897
  • Pdf File: feminist-engagement-with-international-criminal-law.pdf

Book Short Summary:

This work introduces and further develops the feminist strategy of 'norm transfer': the proposal that feminist informed standards created at the level of international criminal law make their way into domestic contexts. Situating this strategy within the complementarity regime of the International Criminal Court (ICC), it is argued that there is an opportunity for dialogue and debate around the contested aspects of international norms as opposed to uncritical acceptance. The book uses the crime of rape as a case study and offers a new perspective on one of the most contentious debates within international and domestic criminal legal feminism: the relationship between consent and coercion in the definition of rape. In analysing the ICC definition of rape, it is argued that the omission of consent as an explicit element is flawed. Arguing that the definition is in need of revision to explicitly include a context-sensitive notion of consent, the book goes further, setting out draft legislative amendments to the ICC 'Elements of Crimes' definition of rape and its Rules of Procedure and Evidence. Turning its attention to the domestic landscape, the book drafts amendments to the United Kingdom (UK) Sexual Offences Act 2003 and to the Youth Justice and Criminal Evidence Act 1999: thereby showing how the revised version of the ICC definition can be applied in context of the UK.

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  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Springer
  • Book Code : 1137404205
  • Total of Pages : 202
  • Category : Social Science
  • Members : 225
  • Pdf File: postfeminist-digital-cultures.pdf

Book Short Summary:

This book explores the controversial social media practices engaged in by girls and young women, including sexual self-representations on social network sites, sexting, and self-harm vlogs. Informed by feminist media and cultural studies, Dobson delves beyond alarmist accounts to ask what it is we really fear about these practices.

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  • Publisher : Bloomsbury Publishing
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  • Total of Pages : 349
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  • Pdf File: happy-abortions.pdf

Book Short Summary:

'A provocative and important book that every pro-choice advocate should read.' Sinéad Kennedy, Coalition to Repeal the 8th Amendment When it comes to abortion, today's liberal climate has produced a common sense that is both pro-choice and anti-abortion. The public are fed an unchanging version of what the abortion choice entails and how women experience it. While it would prove highly unpopular to insist that all pregnant women should carry their pregnancy to term, the idea that abortion could or should be a happy experience for women is virtually unspeakable. In this careful and intelligent work, Erica Millar shows how the emotions of abortion are constructed in sharp contrast to the emotional position occupied by motherhood – the unassailable placeholder for women's happiness. Through an exposition of the cultural and political forces that continue to influence the decisions women make about their pregnancies – forces that are synonymous with the rhetoric of choice – Millar argues for a radical reinterpretation of women's freedom.

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  • Pdf File: the-first-women-lawyers.pdf

Book Short Summary:

This comparative study explores the lives of some of the women who first initiated challenges to male exclusivity in the legal professions in the late-nineteenth and early-twentieth centuries. Their challenges took place at a time of considerable optimism about progressive societal change, including new and expanding opportunities for women, as well as a variety of proposals for reforming law, legal education, and standards of legal professionalism. By situating women's claims for admission to the bar within this reformist context in different jurisdictions, the study examines the intersection of historical ideas about gender and about legal professionalism at the turn of the twentieth century. In exploring these systemic issues, the study also provides detailed examinations of the lives of some of the first women lawyers in six jurisdictions: the United States, Canada, Britain, New Zealand and Australia, India, and western Europe. In exploring how individual women adopted different legal arguments in litigated cases, or devised particular strategies to overcome barriers to professional work, the study assesses how shifting and contested ideas about gender and about legal professionalism shaped women's opportunities and choices, as well as both support for and opposition to their claims. As a comparative study of the first women lawyers in several different jurisdictions, the book reveals how a number of quite different women engaged with ideas of gender and legal professionalism at the turn of the twentieth century.

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  • Pdf File: equality.pdf

Book Short Summary:

The second edition of this widely-acclaimed book about the Equality Act 2010 by one of its leading architects brings forward the story of how and why this historic legislation was enacted and what it means, to cover the first four years of its implementation by the Coalition Government and in the courts. This includes an assessment of amendments to the legislation, the reduction in the powers and budget of the Equality and Human Rights Commission and the imposition of tribunal fees, as well as a discussion of possible future directions of equality law and policy. From the Foreword to the first edition by Lord Lester of Herne Hill QC 'This is no ordinary law book, and its author is no ordinary lawyer. The book, like the Equality Act 2010 which it describes and discusses, is a major landmark in the long struggle for effective legal protection of equal rights and equal treatment without direct or indirect discrimination. It places the law in its political, economic and social context and traces its often contested and controversial legal history...'.

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Book Short Summary:

Written by a lawyer who works at the intersection between legal education and practice in access to justice and human rights, this book locates, describes and defines a collective identity for social justice lawyering in the UK. Underpinned by theories of cause lawyering and legal mobilisation, the book argues that it is vital to understand the positions that progressive lawyers collectively take in order to frame the connections they make between their personal and professional lives, the tools they use to achieve social change, as well as ethical tensions presented by their work. The book takes a reflexive ethnographic approach to capture the stories of 35 lawyers working to positively transform law and policy in the UK over the last 50 years. It also draws on a wealth of primary sources including case reports, historic campaign materials and media analysis alongside wider ethnographic interviews with academics, students and lawyers and participant observation at social justice conferences, workshops and events. The book explains the way in which lawyers' networks facilitate their collective positioning and influence their strategic decision making, which in turn shapes their interactions with social activists, with other lawyers and with the state itself.

Women's Legal Landmarks

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  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Bloomsbury Publishing
  • Book Code : 1782259791
  • Total of Pages : 704
  • Category : Law
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  • Pdf File: women-s-legal-landmarks.pdf

Book Short Summary:

Women's Legal Landmarks commemorates the centenary of women's admission in 1919 to the legal profession in the UK and Ireland by identifying key legal landmarks in women's legal history. Over 80 authors write about landmarks that represent a significant achievement or turning point in women's engagement with law and law reform. The landmarks cover a wide range of topics, including matrimonial property, the right to vote, prostitution, surrogacy and assisted reproduction, rape, domestic violence, FGM, equal pay, abortion, image-based sexual abuse, and the ordination of women bishops, as well as the life stories of women who were the first to undertake key legal roles and positions. Together the landmarks offer a scholarly intervention in the recovery of women's lost history and in the development of methodology of feminist legal history as well as a demonstration of women's agency and activism in the achievement of law reform and justice.

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By Fareda Banda
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Bloomsbury Publishing
  • Book Code : 1847311830
  • Total of Pages : 456
  • Category : Law
  • Members : 987
  • Pdf File: women-law-and-human-rights.pdf

Book Short Summary:

Africa, with its mix of statute, custom and religion is at the centre of the debate about law and its impact on gender relations. This is because of the centrality of the gender question and its impact on the cultural relativism debate within human rights. It is therefore important to examine critically the role of law, broadly constructed, in African societies. The book focuses on women's experiences in the family. This is because the lives of women continue to be lived out largely in the private domain, where the right to privacy is used to conceal unequal treatment of women which is justified by invoking 'custom' and 'tradition'. The book shows how law and its interpretation is used to disenfranchise women, resulting in their being deprived of land and other property which they may have helped to accumulate. It also considers issues of violence within the home, reproductive rights and examines the issue of female genital cutting. The role of women in development is explored as is their participation in politics and the NGO sector. A major theme of the book is a consideration of the linkages of constitutional and international human rights norms with local values. This is done using feminist tools of analysis. The book considers the provisions of the Protocol to the African Charter on Human and People's Rights on the Rights of Women which was adopted by the African Union in July 2003.

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  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : A&C Black
  • Book Code : 1782251111
  • Total of Pages : 640
  • Category : Law
  • Members : 781
  • Pdf File: gender-and-judging.pdf

Book Short Summary:

Does gender make a difference to the way the judiciary works and should work? Or is gender-blindness a built-in prerequisite of judicial objectivity? If gender does make a difference, how might this be defined? These are the key questions posed in this collection of essays, by some 30 authors from the following countries; Argentina, Cambodia, Canada, England, France, Germany, India, Israel, Italy, Ivory Coast, Japan, Kenya, the Netherlands, the Philippines, South Africa, Switzerland, Syria and the United States. The contributions draw on various theoretical approaches, including gender, feminist and sociological theories. The book's pressing topicality is underlined by the fact that well into the modern era male opposition to women's admission to, and progress within, the judicial profession has been largely based on the argument that their very gender programmes women to show empathy, partiality and gendered prejudice - in short essential qualities running directly counter to the need for judicial objectivity. It took until the last century for women to begin to break down such seemingly insurmountable barriers. And even now, there are a number of countries where even this first step is still waiting to happen. In all of them, there remains a more or less pronounced glass ceiling to women's judicial careers.

Canada's Indigenous Constitution

By John Borrows
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : University of Toronto Press
  • Book Code : 1442698527
  • Total of Pages : 416
  • Category : Social Science
  • Members : 948
  • Pdf File: canada-s-indigenous-constitution.pdf

Book Short Summary:

Canada's Indigenous Constitution reflects on the nature and sources of law in Canada, beginning with the conviction that the Canadian legal system has helped to engender the high level of wealth and security enjoyed by people across the country. However, longstanding disputes about the origins, legitimacy, and applicability of certain aspects of the legal system have led John Borrows to argue that Canada's constitution is incomplete without a broader acceptance of Indigenous legal traditions. With characteristic richness and eloquence, John Borrows explores legal traditions, the role of governments and courts, and the prospect of a multi-juridical legal culture, all with a view to understanding and improving legal processes in Canada. He discusses the place of individuals, families, and communities in recovering and extending the role of Indigenous law within both Indigenous communities and Canadian society more broadly. This is a major work by one of Canada's leading legal scholars, and an essential companion to Drawing Out Law: A Spirit's Guide.

Women’s Rights to Social Security and Social Protection

By Beth Goldblatt,Lucie Lamarche
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Bloomsbury Publishing
  • Book Code : 1849469768
  • Total of Pages : 348
  • Category : Law
  • Members : 705
  • Pdf File: women-s-rights-to-social-security-and-social-protection.pdf

Book Short Summary:

This collection examines the human rights to social security and social protection from a women's rights perspective. The contributors stress the need to address women's poverty and exclusion within a human rights framework that takes account of gender. The chapters unpack the rights to social security and protection and their relationship to human rights principles such as gender equality, participation and dignity. Alongside conceptual insights across the field of women's social security rights, the collection analyses recent developments in international law and in a range of national settings. It considers the ILO's Social Protection Floors Recommendation and the work of UN treaty bodies. It explores the different approaches to expansion of social protection in developing countries (China, Chile and Bolivia). It also discusses conditionality in cash transfer programmes, a central debate in social policy and development, through a gender lens. Contributors consider the position of poor women, particularly single mothers, in developed countries (Australia, Canada, the United States, Ireland and Spain) facing the damaging consequences of welfare cuts. The collection engages with shifts in global discourse on the role of social policy and the way in which ideas of crisis and austerity have been used to undermine rights with harsh impacts on women.

Law Unlimited

By Margaret Davies
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Taylor & Francis
  • Book Code : 1317688902
  • Total of Pages : 176
  • Category : Law
  • Members : 927
  • Pdf File: law-unlimited.pdf

Book Short Summary:

This book engages with a traditional yet persistent question of legal theory – what is law? However, instead of attempting to define and limit law, the aim of the book is to unlimit law, to take the idea of law beyond its conventionally accepted boundaries into the material and plural domains of an interconnected human and nonhuman world. Against the backdrop of analytical jurisprudence, the book draws theoretical connections and continuities between different experiences, spheres, and modalities of law. Taking up the many forms of critical and socio-legal thought, it presents a broad challenge to legal essentialism and abstraction, as well as an important contribution to more general normative theory. Reading, crystallising, and extending themes that have emerged in legal thought over the past century, this book is the culmination of the author’s 25 years of engagement with legal theory. Its bold attempt to forge a thoroughly contemporary approach to law will be of enormous value to those with interests in legal and socio-legal theory.

New Treaty, New Tradition

By Carwyn Jones
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : UBC Press
  • Book Code : 0774831715
  • Total of Pages : 232
  • Category : History
  • Members : 240
  • Pdf File: new-treaty-new-tradition.pdf

Book Short Summary:

Legal traditions respond to social and economic environments. Māori author and legal scholar Carwyn Jones provides a timely examination of how the resolution of land claims in New Zealand has affected Māori law and the challenges faced by Indigenous peoples as they attempt to exercise self-determination in a postcolonial world. Combining thoughtful analysis with Māori storytelling, Jones’s nuanced reflections on the claims process show how Western legal thought has shaped treaty negotiations. Drawing on Canadian and international examples, Jones makes the case that genuine reconciliation can occur only when we recognize the importance of Indigenous traditions in the settlement process.

Rape Culture, Gender Violence, and Religion

By Caroline Blyth,Emily Colgan,Katie B. Edwards
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Springer
  • Book Code : 3319726854
  • Total of Pages : 225
  • Category : Religion
  • Members : 232
  • Pdf File: rape-culture-gender-violence-and-religion.pdf

Book Short Summary:

This volume considers the complex relationships that exist between Christianity, rape culture, and gender violence. Each chapter explores the various roles that Christian theologies, teachings, and practices have played in shaping contemporary understandings of gender violence and in sanctioning rape-supportive cultural belief systems and practices. Our contributors explore this topic from a range of disciplinary perspectives, including theology, gender and queer studies, cultural studies, pastoral care, and counseling. Together, the chapters in this volume testify to the considerable influence that Christianity has had, and continues to have, in directing conversations within the Christian tradition around gender violence and rape culture. They therefore invite readers to engage fruitfully in these conversations, fostering transformative dialogues with the Christian community about our shared responsibility to tackle the current global crisis of gender violence.

Indigenous Legal Traditions

By Law Commission of Canada
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : UBC Press
  • Book Code : 077484373X
  • Total of Pages : 192
  • Category : Law
  • Members : 411
  • Pdf File: indigenous-legal-traditions.pdf

Book Short Summary:

The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.

Indigenous Data Sovereignty and Policy

By Maggie Walter,Tahu Kukutai,Stephanie Russo Carroll,Desi Rodriguez-Lonebear
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Routledge
  • Book Code : 1000214281
  • Total of Pages : 244
  • Category : Social Science
  • Members : 882
  • Pdf File: indigenous-data-sovereignty-and-policy.pdf

Book Short Summary:

This book examines how Indigenous Peoples around the world are demanding greater data sovereignty, and challenging the ways in which governments have historically used Indigenous data to develop policies and programs. In the digital age, governments are increasingly dependent on data and data analytics to inform their policies and decision-making. However, Indigenous Peoples have often been the unwilling targets of policy interventions and have had little say over the collection, use and application of data about them, their lands and cultures. At the heart of Indigenous Peoples’ demands for change are the enduring aspirations of self-determination over their institutions, resources, knowledge and information systems. With contributors from Australia, Aotearoa New Zealand, North and South America and Europe, this book offers a rich account of the potential for Indigenous data sovereignty to support human flourishing and to protect against the ever-growing threats of data-related risks and harms.

Freedom and Indigenous Constitutionalism

By John Borrows
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : University of Toronto Press
  • Book Code : 1442630957
  • Total of Pages : 384
  • Category : Social Science
  • Members : 366
  • Pdf File: freedom-and-indigenous-constitutionalism.pdf

Book Short Summary:

Indigenous traditions can be uplifting, positive, and liberating forces when they are connected to living systems of thought and practice. Problems arise when they are treated as timeless models of unchanging truth that require unwavering deference and unquestioning obedience. Freedom and Indigenous Constitutionalism celebrates the emancipatory potential of Indigenous traditions, considers their value as the basis for good laws and good lives, and critiques the failure of Canadian constitutional traditions to recognize their significance. Demonstrating how Canada’s constitutional structures marginalize Indigenous peoples’ ability to exercise power in the real world, John Borrows uses Ojibwe law, stories, and principles to suggest alternative ways in which Indigenous peoples can work to enhance freedom. Among the stimulating issues he approaches are the democratic potential of civil disobedience, the hazards of applying originalism rather than living tree jurisprudence in the interpretation of Aboriginal and treaty rights, American legislative actions that could also animate Indigenous self-determination in Canada, and the opportunity for Indigenous governmental action to address violence against women.

The Practical Guide to Mooting

By Jeffrey Hill
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Bloomsbury Publishing
  • Book Code : 1509935053
  • Total of Pages : 304
  • Category : Law
  • Members : 997
  • Pdf File: the-practical-guide-to-mooting.pdf

Book Short Summary:

A must-read for students involved in mooting, this new edition of Jeffrey Hill's textbook has been fully updated and revised, and provides students with clear and compelling advice on every aspect of mooting. The book covers: - key aspects of the legal system; - the way in which moots are assessed; - what the judges are looking for; - how to structure a legal argument; and - how to prepare a skeleton argument and bundles. The text is accompanied by a companion website with videos of Supreme Court hearings so that students can learn from, and emulate, the advocacy skills of some of the most eminent advocates and lawyers: https://www.bloomsburyonlineresources.com/the-practical-guide-to-mooting-2

Why Rape Culture is a Dangerous Myth

By Luke Gittos
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Andrews UK Limited
  • Book Code : 1845408861
  • Total of Pages : 146
  • Category : Political Science
  • Members : 200
  • Pdf File: why-rape-culture-is-a-dangerous-myth.pdf

Book Short Summary:

Today it is often said that we live in a 'rape culture'. Panicked headlines tell us that rape is on the increase and that the police are failing to deal with it. Our courts are said to be incapable of delivering justice in rape cases, with the rate of convictions remaining consistently low. Sexism and misogyny in wider society have created a culture in which rape is pervasive, under-reported and often ignored by an uncaring public. But these claims are built on myths and misunderstandings. This book argues that the belief in a 'rape culture' is seriously distorting our discussion of sexual violence. It explains how the laws around rape have expanded significantly in recent decades, giving the state a far greater say in the most intimate areas of our lives. The drive to prosecute more and more people has damaging implications for our legal rights and basic freedoms - and our ability to live intimately with one another. If we are to have a serious discussion about rape, it's time to dispel the dangerous myth of rape culture.

Rewriting Children’s Rights Judgments

By Helen Stalford,Kathryn Hollingsworth,Stephen Gilmore
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Bloomsbury Publishing
  • Book Code : 1782259260
  • Total of Pages : 616
  • Category : Law
  • Members : 989
  • Pdf File: rewriting-children-s-rights-judgments.pdf

Book Short Summary:

This important edited collection is the culmination of research undertaken by the Children's Rights Judgments Project. This initiative involved academic experts revisiting existing case law, drawn from a range of legal sub-disciplines and jurisdictions, and redrafting the judgment from a children's rights perspective. The rewritten judgments shed light on the conceptual and practical challenges of securing children's rights within judicial decision-making and explore how developments in theory and practice can inform and (re-)invigorate the legal protection of children's rights. Collectively, the judgments point to five key factors that support a children's rights-based approach to judgment writing. These include: using children's rights law and principles; drawing on academic insights and evidence; endorsing child friendly procedures; adopting a children's rights focused narrative; and using child-friendly language. Each judgment is accompanied by a commentary explaining the historical and legal context of the original case and the rationale underpinning the revised judgment including the particular children's rights perspective adopted; the extent to which it addresses the children's rights deficiencies evident in the original judgment; and the potential impact the alternative version might have had on law, policy or practice. Presented thematically, with contributions from leading scholars in the field, this innovative collection offers a truly new and unique perspective on children's rights.

EU Anti-Discrimination Law Beyond Gender

By Uladzislau Belavusau,Kristin Henrard
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Bloomsbury Publishing
  • Book Code : 1509915001
  • Total of Pages : 392
  • Category : Law
  • Members : 814
  • Pdf File: eu-anti-discrimination-law-beyond-gender.pdf

Book Short Summary:

The EU has slowly but surely developed a solid body of equality law that prohibits different facets of discrimination. While the Union had initially developed anti-discrimination norms that served only the commercial rationale of the common market, focusing on nationality (of a Member State) and gender as protected grounds, the Treaty of Amsterdam (1997) supplied five additional prohibited grounds of discrimination to the EU legislative palette, in line with a much broader egalitarian rationale. In 2000, two EU Equality Directives followed, one focusing on race and ethnic origin, the other covering the remaining four grounds introduced by the Treaty of Amsterdam, namely religion, sexual orientation, disabilities and age. Eighteen years after the adoption of the watershed Equality Directives, it seems timely to dedicate a book to their limits and prospects, to look at the progress made, and to revisit the rise of EU anti-discrimination law beyond gender. This volume sets out to capture the striking developments and shortcomings that have taken place in the interpretation of relevant EU secondary law. Firstly, the book unfolds an up-to-date systematic reappraisal of the five 'newer' grounds of discrimination, which have so far received mostly fragmented coverage. Secondly, and more generally, the volume captures how and to what extent the Equality Directives have enabled or, at times, prevented the Court of Justice of the European Union from developing even broader and more refined anti-discrimination jurisprudence. Thus, the book offers a glimpse into the past, present and – it is hoped – future of EU anti-discrimination law as, despite all the flaws in the Union's 'Garden of Earthly Delights', it offers one of the highest standards of protection in comparative anti-discrimination law.

Defending Battered Women on Trial

By Elizabeth A. Sheehy
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : UBC Press
  • Book Code : 0774826541
  • Total of Pages : 492
  • Category : Law
  • Members : 630
  • Pdf File: defending-battered-women-on-trial.pdf

Book Short Summary:

In the landmark Lavallee decision of 1990, the Supreme Court of Canada ruled that evidence of "battered woman syndrome" was admissible in establishing self-defence for women accused of killing their abusive partners. This book looks at the trials of eleven battered women, ten of whom killed their partners, in the fifteen years since Lavallee. Drawing extensively on trial transcripts and a rich expanse of interdisciplinary sources, the author looks at the evidence produced at trial and at how self-defence was argued. By illuminating these cases, this book uncovers the practical and legal dilemmas faced by battered women on trial for murder.