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Books > Law > English law > Private, property, family
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.
At what age do girls gain the maturity to make sexual choices? This
question provokes especially vexed debates in India, where early
marriage is a widespread practice. India has served as a focal
problem site in NGO campaigns and intergovernmental conferences
setting age standards for sexual maturity. Over the last century,
the country shifted the legal age of marriage from twelve, among
the lowest in the world, to eighteen, at the high end of the global
spectrum. Ashwini Tambe illuminates the ideas that shaped such
shifts: how the concept of adolescence as a sheltered phase led to
delaying both marriage and legal adulthood; how the imperative of
population control influenced laws on marriage age; and how
imperial moral hierarchies between nations provoked defensive
postures within India. Tambe's transnational feminist approach to
legal history shows how intergovernmental debates influenced Indian
laws and how expert discourses in India changed UN terminology
about girls. Ultimately, the well-meaning focus on child marriage
became tethered less to the well-being of girls themselves and more
to parents' interests, population control targets, and the
preservation of national reputation.
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.
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.
Drawing on the insights of Indigenous feminist legal theory, Emily
Snyder examines representations of Cree law and gender in books,
videos, graphic novels, educational websites, online lectures, and
a video game. Although these resources promote the revitalization
of Cree law and the principle of miyo-wicehtowin (good relations),
Snyder argues that they do not capture the complexities of gendered
power relations. The majority of these resources either erase
women's legal authority by not mentioning them, or they diminish
their agency by portraying Cree laws and gender roles in
inflexible, aesthetically pleasing ways that overlook power
imbalances and other forms of oppression.
The bitter and public court battle waged between Nina and James
Walker of Newport, Rhode Island from 1909 to 1916 created a
sensation throughout the nation with lurid accounts of-and gossip
about-their marital troubles. The ordeal of this high-society
couple, who wed as much for status as for love, is one of the prime
examples of the growing trend of women seeking divorce during the
early twentieth century. Gross Misbehavior and Wickedness-the
charges Nina levied at James for his adultery (with the family
governess) and extreme cruelty-recounts the protracted legal
proceedings in juicy detail. Jean Elson uses court documents,
correspondence, journals, and interviews with descendants to
recount the salacious case. In the process, she underscores how
divorce-in an era when women needed husbands for economic
support-was associated with women's aspirations for independence
and rights. The Walkers' dispute, replete with plot twists and
memorable characters, sheds light on a critical period in the
evolution of American culture.
The bitter and public court battle waged between Nina and James
Walker of Newport, Rhode Island from 1909 to 1916 created a
sensation throughout the nation with lurid accounts of-and gossip
about-their marital troubles. The ordeal of this high-society
couple, who wed as much for status as for love, is one of the prime
examples of the growing trend of women seeking divorce during the
early twentieth century. Gross Misbehavior and Wickedness-the
charges Nina levied at James for his adultery (with the family
governess) and extreme cruelty-recounts the protracted legal
proceedings in juicy detail. Jean Elson uses court documents,
correspondence, journals, and interviews with descendants to
recount the salacious case. In the process, she underscores how
divorce-in an era when women needed husbands for economic
support-was associated with women's aspirations for independence
and rights. The Walkers' dispute, replete with plot twists and
memorable characters, sheds light on a critical period in the
evolution of American culture.
Cultural views of femininity exerted a powerful influence on the
courtroom arguments used to defend or condemn notable women on
trial in nineteenth-century and early-twentieth-century America. By
examining the colorful rhetorical strategies employed by lawyers
and reporters of women's trials in newspaper articles, trial
transcriptions, and popular accounts, A. Cheree Carlson argues that
the men in charge of these communication avenues were able to
transform their own values and morals into believable narratives
that persuaded judges, juries, and the general public of a woman's
guilt or innocence. Carlson analyzes the situations of several
women of varying historical stature, from the insanity trials of
Mary Todd Lincoln and Lizzie Borden's trial for the brutal slaying
of her father and stepmother, to lesser-known trials involving
insanity, infidelity, murder, abortion, and interracial marriage.
The insanity trial of Elizabeth Parsons Ware Packard, the wife of a
minister, resulted from her attempts to change her own religion,
while a jury acquitted Mary Harris for killing her married lover,
suggesting that loss of virginity to an adulterous man was
justifiable grounds for homicide. The popular conception of
abortion as a "woman's crime" came to the fore in the case of Ann
Loman (also known as Madame Restell), who performed abortions in
New York both before and after it became a crime. Finally, Alice
Rhinelander was sued for fraud by her new husband Leonard for
"passing" as white, but the jury was more moved by the notion of
Alice being betrayed as a woman by her litigious husband than by
the supposed defrauding of Leonard as a white male. Alice won the
case, but the image of womanhood as in need of sympathy and
protection won out as well. At the heart of these cases, Carlson
reveals clearly just how narrow was the line that women had to
walk, since the same womanly virtues that were expected of
them--passivity, frailty, and purity--could be turned against them
at any time. These trials of popular status are especially
significant because they reflect the attitudes of the broad
audience, indicate which forms of knowledge are easily manipulated,
and allow us to analyze how the verdict is argued outside the
courtroom in the public and press. With gripping retellings and
incisive analysis of these scandalous criminal and civil cases,
this book will appeal to historians, rhetoricians, feminist
researchers, and anyone who enjoys courtroom drama.
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.
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.
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.
This book focuses on the socio-political environment that allows
for the impactful work of NGOs through their proximity to local
communities. The book showcases how this space has helped South
African women's rights NGOs to bring about crucial legal reforms,
which are quite relevant to women's lived realities. Recognizing
its limitations, the South African state encourages NGOs to work
freely on the ground and with state institutions to ameliorate the
conditions for women's rights. The outcome of this state-NGO
dynamic can be seen in the numerous human rights gains achieved by
NGOs in general, and by women's rights organizations specifically.
In addition, vulnerable communities such as women living under
customary law have a significantly better chance to access justice.
The book then demonstrates the opposite scenario, using Egypt as a
case study, where NGOs are viewed as a national threat, and
consequently operate under restrictive rules.
This is the first book to unpack the legal and ethical issues
surrounding unauthorised intimate examinations during labour. The
book uses feminist, socio-legal and philosophical tools to explore
the issues of power, vulnerability and autonomy. The collection
challenges the perception that the law adequately addresses
different manifestations of unauthorised medical touch through the
lens of women's experiences of unauthorised vaginal examinations
during labour. The book unearths several broader themes that are of
huge significance to lawyers and healthcare professionals such as
the legal status of women and their bodies. The book raises
questions about women's experiences during childbirth in hospital
settings. It explores the status of women's bodies during labour
and childbirth where too easily they become objectified, and it
raises important issues around consent. The book highlights links
to the law on sexual offences and women's loss of power under the
medical gaze. Women's Birthing Bodies and the Law includes
contributions from leading feminist philosophers, healthcare
professionals, and academics in healthcare and law, and offers
pioneering analysis relevant to lawyers and healthcare
professionals with an interest in medical law and ethics; feminist
theory; criminal law; tort law; and human rights law.
Mutinies for Equality studies recent transformations in the area of
law and gender in modern India. It tackles legal and social
developments with regard to family life, sexuality, motherhood,
surrogacy, erotic labour, sexual harassment in the workplace and
violence against women, among others. It analyses reform efforts
towards women's rights and LGBTIQ rights and attempts to situate
where a reform has taken place, by whom it was brought about, and
what impact it has had on society. It engages with protagonists who
shape the debate around law and gender and locates their efforts
into a socio-political context, thereby showing that the discourses
around law and gender are closely connected to broader debates
around legal pluralism, secularism and religion, identity, culture,
nationalism, and family. The book offers compelling evidence that
the drivers of change are emerging from beyond the traditional
institutions of courts and parliament, and that to understand the
everyday implications of legal reforms, it is important to look
beyond these institutional sources.
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
This volume brings together classic articles which explore the
increasingly crucial and relatively recent concept of age
discrimination. Issues relating to an ageing workforce are now
widespread as many employees are either working longer in order to
compensate for depleted pensions; or, in countries where there are
labor shortages among younger workers, employers are trying to
induce older workers to remain in the workforce. The essays in this
volume explore the evolution of legislation against age
discrimination as well as the legal structures relating to age
discrimination in the US (where legislation is more advanced), the
European Union, Canada and Australia.
The problems related to the process of industrialisation such as
biodiversity depletion, climate change and a worsening of health
and living conditions, especially but not only in developing
countries, intensify. Therefore, there is an increasing need to
search for integrated solutions to make development more
sustainable. The United Nations has acknowledged the problem and
approved the "2030 Agenda for Sustainable Development". On 1st
January 2016, the 17 Sustainable Development Goals (SDGs) of the
Agenda officially came into force. These goals cover the three
dimensions of sustainable development: economic growth, social
inclusion and environmental protection. The Encyclopedia of the UN
Sustainable Development Goals comprehensively addresses the SDGs in
an integrated way. It encompasses 17 volumes, each devoted to one
of the 17 SDGs. This volume addresses SDG 5, namely "Achieve gender
equality and empower all women and girls" and contains the
description of a range of terms, which allows a better
understanding and fosters knowledge. This SDG is considered by many
as a pivotal goal since the significant role of women in achieving
sustainable development has always been acknowledged in several
official UN declarations. Yet gender disparity is still rampant
under various guises in various countries. Women's rights need to
be strongly safeguarded through legislation to ensure equal
opportunities. Concretely, the defined targets are: End all forms
of discrimination against all women and girls everywhere Eliminate
all forms of violence against all women and girls in the public and
private spheres, including trafficking and sexual and other types
of exploitation Eliminate all harmful practices, such as child,
early and forced marriage and female genital mutilation Recognize
and value unpaid care and domestic work through the provision of
public services, infrastructure and social protection policies and
the promotion of shared responsibility within the household and the
family as nationally appropriate Ensure women's full and effective
participation and equal opportunities for leadership at all levels
of decision-making in political, economic and public life Ensure
universal access to sexual and reproductive health and reproductive
rights as agreed in accordance with the Programme of Action of the
International Conference on Population and Development and the
Beijing Platform for Action and the outcome documents of their
review conferences Undertake reforms to give women equal rights to
economic resources, as well as access to ownership and control over
land and other forms of property, financial services, inheritance
and natural resources, in accordance with national laws Enhance the
use of enabling technology, in particular information and
communications technology, to promote the empowerment of women
Adopt and strengthen sound policies and enforceable legislation for
the promotion of gender equality and the empowerment of all women
and girls at all levels Editorial Board Katarzyna Cichos, Vijaya
Deshmukh, Melissa Haeffner, Sandra Hopkins, Tamara Hunt, Nerise
Johnson, Chhabi Kumar, Julia Mambo, Anagha Paul, Andreia Faraoni
Freitas Setti, Tony Wall
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