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Books > Law > Jurisprudence & general issues > Foundations of law > General
Law Of Persons, now in its sixth edition, has become a standard text on the South African law of persons. The book was first published in 1995, just after the dawn of South Africa’s first democratic dispensation. The book constitutes a general and fully referenced source on the law of persons, and reflects the transformation of the law of persons in line with the values entrenched in the Constitution of the Republic of South Africa, 1996, with specific reference to the Bill of Rights. First-year students will derive the most benefit from Law of Persons if the book is used in conjunction with the Law of Persons Sourcebook. Contents Include:
This edited volume presents the comprehensive review of the work on developing assessment frameworks for democratic parliaments. The book identifies areas of internationally agreed consensus among the current sets of standards and principles, and areas of potential further consensus by examining national case studies and drawing a first set of lessons of experience. Additionally, it brings in regional perspectives on standards for democratic parliaments. Since parliaments are just beginning to test or apply the different frameworks many will need assistance from partners in the parliamentary strengthening and donor community to take such an exercise forward. Therefore, there is a need for broader understanding on principles behind different benchmarks, to discuss the relevance of each type of benchmark framework to specific regional and national context, and to determine how Parliaments would benefit from changes that would allow them to meet the benchmark.
Why do judges study legal sources that originated outside their own national legal system, and how do they use arguments from these sources in deciding domestic cases? Based on interviews with judges, this book presents the inside story of how judges engage with international and comparative law in the highest courts of the United Kingdom, Canada, the United States, France and the Netherlands. A comparative analysis of the views and experiences of the judges clarifies how the decision-making of these Western courts has developed in light of the internationalisation of law and the increased opportunities for transnational judicial communication. While the qualitative analysis reveals the motives that judges claim for using foreign law and the influence of 'globalist' and 'localist' approaches to judging, the author also finds suggestions of a convergence of practices between the courts that are the subject of this study. This empirical analysis is complemented by a constitutional-theoretical inquiry into the procedural and substantive factors of legal evolution, which enable or constrain the development and possible convergence of highest courts' practices. The two strands of the analysis are connected in a final contextual reflection on the future development of the role of Western highest courts.
In the aftermath of World War II, virtually all European countries struggled with the dilemma of citizens who had collaborated with Nazi occupiers. Jewish communities in particular faced the difficult task of confronting collaborators among their own ranks-those who had served on Jewish councils, worked as ghetto police, or acted as informants. European Jews established their own tribunals-honor courts-for dealing with these crimes, while Israel held dozens of court cases against alleged collaborators under a law passed two years after its founding. In Jewish Honor Courts: Revenge, Retribution, and Reconciliation in Europe and Israel after the Holocaust, editors Laura Jockusch and Gabriel N. Finder bring together scholars of Jewish social, cultural, political, and legal history to examine this little-studied and fascinating postwar chapter of Jewish history. The volume begins by presenting the rationale for punishing wartime collaborators and purging them from Jewish society. Contributors go on to examine specific honor court cases in Allied-occupied Germany and Austria, Poland, the Netherlands, and France. One essay also considers the absence of an honor court in Belgium. Additional chapters detail the process by which collaborators were accused and brought to trial, the treatment of women in honor courts, and the unique political and social place of honor courts in the nascent state of Israel. Taken as a whole, the essays in Jewish Honor Courts illustrate the great caution and integrity brought to the agonizing task of identifying and punishing collaborators, a process that helped survivors to reclaim their agency, reassert their dignity, and work through their traumatic experiences. For many years, the honor courts have been viewed as a taboo subject, leaving their hundreds of cases unstudied. Jewish Honor Courts uncovers this forgotten chapter of Jewish history and shows it to be an integral part of postwar Jewish rebuilding. Scholars of Jewish, European, and Israeli history as well as readers interested in issues of legal and social justice will be grateful for this detailed volume.
IN THIS GAME-CHANGING BOOK BY DAVIS NELSON, GEORGIA VA BENEFITS & MEDICAID PLANNING ATTORNEY, YOU'LL DISCOVER: How VA benefits can make it possible to remain at home rather than enter a nursing home Why VA benefits can be better than Medicaid for some veteran households How the VA can help cover assisted living costs How to make VA benefits and Medicaid work together to better your quality of life Why you should apply for your VA assistance as early as possible How children of veterans can use VA benefits to preserve an inheritance while improving their parents' lives Why more than 95% of potentially eligible veterans aren't aware of this benefit
China's explosive transformation from a planned economy to a more market-oriented one over the past three decades owes much to the charismatic reformer Zhu Rongji. As China's premier from 1998 to 2003, Zhu displayed a pragmatism and strong work ethic that have been key forces in China's drive to greater modernization and global stature. During this time, Zhu embarked on a plan to reduce the size of government and reform the heavily indebted banking system and state-owned enterprises as well as to overhaul the housing and health care systems. His sweeping efforts ranged from lobbying for the establishment of stock exchanges to revitalizing agriculture through the introduction of a modern grain market. The ramifications of these reforms are still being felt throughout China and the globe, and The Road to Reformprovides a real-time look at these plans as they were being formulated during the 1990s to the early 2000s. The second of a two-volume collection containing more than 100 speeches and personal papers by Zhu, this volume is a revealing and insightful look at Zhu's thinking and will lead to greater understanding of one of the world's two largest economic powers.
A prolific writer and orator as well as legal expert in Iranian civil law, Hassan Sadr offers a fresh perspective of woman's basic rights on social issues. The book, first published as his thesis in 1940 titled as "The Rights of Woman according to Islam and in Europe." The concepts discussed in the book, however, reflect a progressive and harmonious approach towards integration of moral principles and civil laws. Specifically he believes that woman's rights must be embedded in the psychic of society, social custom and habit; in short a way of life. He constructs a healthy and peaceful society on the premise that its foundation is based on recognition and respect for status of woman who is instrumental in delivering quality family members. By fully participating in family leadership she creates a new generation of youth that is properly nourished, nurtured, trained and taught from the time of birth. In effect the mother instills the sense of protection of the rights of woman in her child, as the fundamental premise in safeguarding the woman's basic rights in a civil society. This book presents a series of logical steps towards forming healthy family whose goal is to maintain quality membership. In summary, the women whose rights must be fully protected are also full participants of ensuring the quality of society they help to create.
"Elder Law Estate Planning" is a niche area of law which combines the features of elder law and estate planning that pertain most to the needs of the middle class. In 1991, AARP published a "Consumer Report on Probate" concluding that probate was a process to be avoided. That marked the end of traditional will planning and started the "living trust revolution." Since then, millions of people have set up trusts to: * Save time and money in settling the estate * Avoid legal guardianship if they become disabled * Avoid having their personal and financial matters made public * Reduce the chance of a "will contest" * Keep control in the family and out of the court system By 1990, the field of elder law also emerged to help people navigate the increased complexity of state Medicaid rules and regulations, the soaring costs of nursing home stays, and the fact that people were living considerably longer. Elder law and estate planning continue to grow independently of each other, sometimes to the detriment of clients. Estate planning lawyers are of little value when the estate plan to avoid probate fails to prevent a nursing home stay consuming all of the assets, because the lawyer is unfamiliar with elder law. On the other hand, elder law attorneys often protect assets but overlook basic estate planning issues such as saving taxes and keeping assets in the blood. The practice of Elder Law Estate Planning means: * Getting your assets to your heirs, in the best possible way, with least amount of taxes and legal fees * Keeping those assets in the blood for your grandchildren, and * Protecting your assets from the costs of long-term care and qualifying for government benefits available to pay for care. Middle class clients today need an "elder law estate planning attorney" to address their estate planning needs as well as to help with long-term care, disability and Medicaid issues as they arise.
Brad's passion for nursing home abuse cases stems from a personal tragedy that happened to a member of his family. Brad's goal in his work and for this book is to prevent the same type of tragedy from happening to others.
LEGAL POSITIVISM AND NATURAL LAW Three lectures by the Harvard Law School professor examine legal positivism and natural law. In the course of his analysis Fuller discusses Kelsen's theory as a reactionary theory and Hobbes' theory of sovereignty. He defines legal positivism as the viewpoint that draws a distinction "between the law that is and the law that ought to be" and interprets natural law as that which tolerates a combination of the two. He looks at the effects of positivism's continued influence on American legal thinking and concludes that law is necessary in a democracy as a principle of order. LON L. FULLER 1902-1978] was a professor at Harvard Law School and is remembered for his contributions to the law of contracts. His debate with H.L.A. Hart in the 1958 Harvard Law Review (Vol. 71) is noteworthy because it provided the framework for subsequent debates about legal positivism and natural law.
In 1940, on the eve of the United States entry into World War II, the late Fulton J. Sheen (1895-1979) published FREEDOM UNDER GOD. This new, annotated "Just Third Way Edition" of a neglected classic includes an in-depth foreword, as well as a bibliography and index not included in the original. While FREEDOM UNDER GOD addresses the loss of true freedom throughout the world, Sheen's special concern was freedom of religion. This is under increasing attack today. Individual life as well as marriage and the family are also in grave danger as the State continues to expand its power to fill the vacuum left by the growing powerlessness of ordinary people. Speaking to people of all faiths and philosophies, albeit from a "Catholic" perspective, then-Monsignor Sheen traced the rise of totalitarian State power in the first half of the 20th century to the fact that fewer and fewer people in America and throughout the world owned capital - what Sheen called "creative wealth." As Sheen argued, only widespread private property in capital has the capacity to restore the foundation of true freedom. The world needs the wisdom of Fulton Sheen now more than ever. The republication of FREEDOM UNDER GOD helps introduce the work of this pivotal thinker to a new generation of readers and students. |
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