|
|
Books > Law > English law
Equality is often trampled on by those who believe they are, in
varying ways, superior. However, identifying how government systems
can protect against discrimination can assist future generations in
combating the harsh realities of inequality. Social Jurisprudence
in the Changing of Social Norms: Emerging Research and
Opportunities delivers a collection of resources dedicated to
identifying sexual orientation as a protected legal class like
race, color, gender, and religion using innovative research methods
and the federalist responses to the LGBT movement. While
highlighting topics including judicial review, LGBT politics, and
social change framework, this book is ideally designed for
policymakers, politicians, academicians, researchers, and students
seeking current research on the analysis of legal cases that
provide evidence of LGBT citizen marginalization.
Indigenous women continue to be overrepresented in Canadian
prisons; research demonstrates how their overincarceration and
often extensive experiences of victimization are interconnected
with and through ongoing processes of colonization. Implicating the
System: Judicial Discourses in the Sentencing of Indigenous Women
explores how judges navigate these issues in sentencing by
examining related discourses in selected judgments from a review of
175 decisions.The feminist theory of the
victimization-criminalization continuum informs Elspeth
Kaiser-Derrick's work. She examines its overlap with the Gladue
analysis, foregrounding decisions that effectively integrate
gendered understandings of Indigenous women's victimization
histories, and problematizing those with less contextualized
reasoning. Ultimately, she contends that judicial use of the
victimization-criminalization continuum deepens the Gladue analysis
and augments its capacity to further its objectives of alternatives
to incarceration.Kaiser-Derrick discusses how judicial discourses
about victimization intersect with those about rehabilitation and
treatment, and suggests associated problems, particularly where
prison is characterized as a place of healing. Finally, she shows
how recent incursions into judicial discretion, through legislative
changes to the conditional sentencing regime that restrict the
availability of alternatives to incarceration, are particularly
concerning for Indigenous women in the system.
Indigenous women continue to be overrepresented in Canadian
prisons; research demonstrates how their overincarceration and
often extensive experiences of victimization are interconnected
with and through ongoing processes of colonization. Implicating the
System: Judicial Discourses in the Sentencing of Indigenous Women
explores how judges navigate these issuesin sentencing by examining
related discourses in selected judgments from a review of 175
decisions.The feminist theory of the victimization-criminalization
continuum informs Elspeth Kaiser-Derrick's work. She examines its
overlap with the Gladue analysis, foregrounding decisions that
effectively integrate gendered understandings of Indigenous women's
victimization histories, and problematizing those with less
contextualized reasoning. Ultimately, she contends that judicial
usage of the victimization-criminalization continuum deepens the
Gladue analysis and augments its capacity to further its objectives
of alternatives to incarceration. Kaiser-Derrick discusses how
judicial discourses about victimization intersect with those about
rehabilitation and treatment, and suggests associated problems,
particularly where prison is characterized as a place of healing.
Finally, she shows how recent incursions into judicial discretion,
through legislative changes to the conditional sentencing regime
that restrict the availability of alternatives to incarceration,
are particularly concerning for Indigenous women in the system.
In an important addition to the series, this book tells the story
of 20 leading revenue law cases. It goes well beyond technical
analysis to explore questions of philosophical depth, historical
context and constitutional significance. The editors have assembled
a stellar team of tax scholars, including historians as well as
lawyers, practitioners as well as academics, to provide a wide
range of fresh perspectives on familiar and unfamiliar decisions.
The whole collection is prefaced by the editors' extended
introduction on the peculiar significance of case-law in revenue
matters. This publication is a thought provoking and engaging
showcase of tax writing that is accessible equally to specialists
and non-specialists.
In Sexual Orientation and Gender Identity Discrimination Holning
Lau offers an incisive review of the conceptual questions that
arise as legal systems around the world grapple with whether and
how to protect people against sexual orientation and gender
identity discrimination. This volume is an essential guide for
researchers seeking to acquaint themselves quickly with a
comparative view of cutting-edge issues concerning sexual
orientation and gender identity rights. Other titles published in
this series: - Comparative Discrimination Law: Historical and
Theoretical Frameworks, Laura Carlson; isbn 9789004345447 -
International Human Rights Law and Discrimination Protections; A
Comparison of Regional and National Responses, Mpoki Mwakagali;
isbn 9789004345461 - Comparative Discrimination Law; Age as a
Protected Ground, Lucy Vickers; isbn 9789004345539
The latest edition of this key title sees Tolley live up to its
reputation as the authority on tax matters. It contains all the
information required to achieve the most cost-effective, convenient
and effective estate planning. The esteemed editorial board help
you formulate strategies for the provision, holding and devolution
of personal and family resources. Clear subject headings and
straightforward explanations of routine and complex topics make for
fast, effective research. Following the tax planning series'
straightforward and easy-to-read style with clear headings, this
guide includes worked examples, tables and a comprehensive index. A
practical step-by-step case study illustrates the benefits of
careful planning and incorporates many points discussed throughout
the book.
Two women a week are killed by a spouse or partner. Every seven
minutes a woman is raped. Now is the time for change. 'Fascinating
and chilling' Caroline Criado Perez, bestselling author of
Invisible Women Helena Kennedy, one of our most eminent lawyers and
defenders of human rights, examines the pressing new evidence that
women are being discriminated against when it comes to the law.
From the shocking lack of female judges to the scandal of female
prisons and the double discrimination experienced by BAME women,
Kennedy shows with force and fury that change for women must start
at the heart of what makes society just. 'An unflinching look at
women in the justice system... an important book because it
challenges acquiescence to everyday sexism and inspires change' The
Times
The Northern/Irish Feminist Judgments Project inaugurates a fresh
dialogue on gender, legal judgment, judicial power and national
identity in Ireland and Northern Ireland. Through a process of
judicial re-imagining, the project takes account of the peculiarly
Northern/Irish concerns in shaping gender through judicial
practice. This collection, following on from feminist judgments
projects in Canada, England and Australia takes the feminist
judging methodology in challenging new directions. This book
collects 26 rewritten judgments, covering a range of substantive
areas. As well as opinions from appellate courts, the book includes
fi rst instance decisions and a fi ctional review of a Tribunal of
Inquiry. Each feminist judgment is accompanied by a commentary
putting the case in its social context and explaining the original
decision. The book also includes introductory chapters examining
the project methodology, constructions of national identity,
theoretical and conceptual issues pertaining to feminist judging,
and the legal context of both jurisdictions. The book, shines a
light on past and future possibilities - and limitations - for
judgment on the island of Ireland. 'This book provides a rich and
expansive addition to the feminist judgments catalogue. The ...
judgments demonstrate powerfully how Northern/Irish judges have
contributed to the gendered politics of national identity, and how
the narrow subject-positions they have created for women and
'others' could have been so much wider and more open.' Professor
Rosemary Hunter, School of Law, Queen Mary University London. 'The
Northern/Irish Feminist Judgments Project is inspirational reading
for anyone interested in feminism or Irish studies ... It is a
model of how to conduct feminist enquiry. Its most innovative
contribution to scholarship and politics is how the rewriting of
landmark legal judgments from a feminist perspective allows us to
imagine (and therefore begin to construct) a more egalitarian, a
more just, future.' Associate Professor Katherine O'Donnell, School
of Philosophy, University College Dublin. If you let it, this book
will make you think. ... It made me think - it reminded me, I
suppose - that legal writing can be wonderful: rigorous, creative,
deeply observant, provocative. Read it and see what it makes you
think. Professor Therese Murphy, School of Law, Queen's University
Belfast
|
|