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Books > Law > English law > Private, property, family
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.
The FIDIC Handbook Series will form a series of low cost guides to
all FIDIC Contract administrators. They will ensure that
appropriate timely actions are taken during the course of a
construction contract in order to improve communication, stimulate
better administration and highlight accountability at an early
stage, thereby improving the working relationships between the
parties and reducing the potential for disputes. The guidelines
suggest actions for each party to take, stipulate the time to take
such action, provide relevant comments and includes model letters
where appropriate for each Sub-Clause within the Contract. This
book, FIDIC Handbook - Yellow, provides commentary on the Yellow
Book: FIDIC Conditions Of Contract For Plant and Design-Build which
is recommended for the provision of electrical and/or mechanical
plant and for building and engineering works if most (or all) of
the works are to be designed by (or on behalf of ) the Contractor.
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 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.
This volume brings together an interdisciplinary group of scholars
from the United States, the Middle East, and North Africa, to
discuss and critically analyze the intersection of gender and human
rights laws as applied to individuals of Arab descent. It seeks to
raise consciousness at the intersection of gender, identity, and
human rights as it relates to Arabs at home and throughout the
diaspora. The context of revolution and the destabilizing impact of
armed conflicts in the region are used to critique and examine the
utility of human rights law to address contemporary human rights
issues through extralegal strategies. To this end, the volume seeks
to inform, educate, persuade, and facilitate newer or less-heard
perspectives related to gender and masculinities theories. It
provides readers with new ways of understanding gender and human
rights and proposes forward-looking solutions to implementing human
rights norms. The goal of this book is to use the context of Arabs
at home and throughout the diaspora to critique and examine the
utility of human rights norms and laws to diminish human suffering
with the goal of transforming the structural, social, and cultural
conditions that impede access to human rights. This book will be of
interest to a diverse audience of scholars, students, public policy
researchers, lawyers and the educated public interested in the
fields of human rights law, international studies, gender politics,
migration and diaspora, and Middle East and North African politics.
During the 1970s, grassroots women activists in and outside of
prisons forged a radical politics against gender violence and
incarceration. Emily L. Thuma traces the making of this
anticarceral feminism at the intersections of struggles for racial
and economic justice, prisoners' and psychiatric patients' rights,
and gender and sexual liberation. All Our Trials explores the
organizing, ideas, and influence of those who placed criminalized
and marginalized women at the heart of their antiviolence
mobilizations. This activism confronted a "tough on crime"
political agenda and clashed with the mainstream women's movement's
strategy of resorting to the criminal legal system as a solution to
sexual and domestic violence. Drawing on extensive archival
research and first-person narratives, Thuma weaves together the
stories of mass defense campaigns, prisoner uprisings, broad-based
local coalitions, national gatherings, and radical print cultures
that cut through prison walls. In the process, she illuminates a
crucial chapter in an unfinished struggle--one that continues in
today's movements against mass incarceration and in support of
transformative justice.
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
Decriminalizing Domestic Violence asks the crucial, yet often
overlooked, question of why and how the criminal legal system
became the primary response to intimate partner violence in the
United States. It introduces readers, both new and well versed in
the subject, to the ways in which the criminal legal system harms
rather than helps those who are subjected to abuse and violence in
their homes and communities, and shares how it drives, rather than
deters, intimate partner violence. The book examines how social,
legal, and financial resources are diverted into a criminal legal
apparatus that is often unable to deliver justice or safety to
victims or to prevent intimate partner violence in the first place.
Envisioned for both courses and research topics in domestic
violence, family violence, gender and law, and sociology of law,
the book challenges readers to understand intimate partner violence
not solely, or even primarily, as a criminal law concern but as an
economic, public health, community, and human rights problem. It
also argues that only by viewing intimate partner violence through
these lenses can we develop a balanced policy agenda for addressing
it. At a moment when we are examining our national addiction to
punishment, Decriminalizing Domestic Violence offers a thoughtful,
pragmatic roadmap to real reform.
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