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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Property, real estate, land & tenancy law
Delius was born in 1862, twenty-four years before the signing in 1886 of the Berne Convention, the international convention for the protection of literary and artistic works of which Great Britain was a founder member. During Delius's lifetime came the birth of the record industry, the development of exercising the performing right, the introduction of the mechanical right, and the advent of films and broadcasting. Robert Montgomery and Robert Threlfall chronicle Delius's dealings with his publishers and the Performing Right Society (PRS) through his copious correspondence. Virtually all of the very early letters have been lost, but his correspondence in German with Harmonie Verlag of Berlin, Tischer & Jagenberg of Cologne, and Universal Edition of Vienna is almost complete. This book provides a selection of translations of these letters, most of which have never been seen before, and offers a unique insight into how a leading twentieth-century composer earned his living from composition in the changing environment of the world of music. Some of the problems that Delius encountered were because the administrative procedures brought in by Berne were in their infancy. Equally important in building a picture of Delius's publishing affairs is the Delius file in the PRS archive, to which Jelka Delius wrote in English, and which contains both sides of the correspondence. The book also covers the period after Delius's death when the Delius Trust, as the legal representative of his estate, took over responsibility for administering copyrights and promoting his music. The book provides a valuable model for the methodology involved in presenting a history of music publishing. It will provide a useful springboard for scholars to look at other composers in terms of their published material and how this relates to the general dissemination of their work.
Reflecting the focus but also range of their honorand's work in medieval canon law in the era before Gratian, the essays in this volume explore the creation and transmission of canonical texts and the motives of their compilers but also address the issues of how the law was interpreted and used by diverse audiences in the earlier middle ages, with especial focus on the eleventh and early twelfth centuries. These issues have lain at the heart of Linda Fowler-Magerl's distinguished body of scholarly work on judicial ordines and procedural literature, on the transmission of canonical texts and their formal sources before Gratian, and perhaps most especially her pioneering role in the creation of a database of canon law manuscripts before Gratian now published as Clavis canonum. Linda Fowler-Magerl's work has fundamentally transformed our understanding of canonistic activity in the era before Gratian and its reception across the Church throughout Europe. Individually the scholars whose studies are included in this volume offer new viewpoints on several key issues and questions relating to the creation of canonical texts, the concerns of their compilers and the transmission of their work, as well as the use of such texts by readers with the most various interests in the period. As a whole, the volume contributes to an understanding of the increasing importance of the written law for a far wider circle than Roman reformers and local advocates. These issues are especially highlighted by the editors' introduction.
This volume argues that legislation on abortion, adultery, and rape has been central to the formation of the modern citizen. The author draws on rights literature, bio-political scholarship, and a gender-studies perspective as a foundation for rethinking the sovereign relationship. In approaching the politicization of reproductive space from this direction, the study resituates the role of rights and rights-granting within the sovereign relationship. A second theme running throughout the book explores the international implications of these arguments and addresses the role of abortion, adultery and rape legislation in constructing 'civilizational' relationships. In focusing on the Ottoman Empire, Turkey, France and Italy as case studies, Miller presents a discussion of what 'Europe' is, and the role of sexuality and reproduction in defining it.
Questioning a literary history that, since Ian Watt's Rise of the Novel, has privileged the courtship plot, Kelly Hager proposes an equally powerful but overlooked narrative focusing on the failed marriage. Hager maps the legal history of marriage and divorce, providing crucial background as she reveals the prevalence of the failed-marriage plot in eighteenth- and nineteenth-century British novels. Dickens's novels emerge as representative case studies in their preoccupations with the disintegration of marriage, the far-reaching and disastrous effects of the doctrine of coverture, and the comic, spectacular, and monstrous possibilities afforded by the failed-marriage plot. Setting his narratives alongside the writings of liberal reformers like John Stuart Mill and the seemingly conservative agendas of Caroline Norton, Eliza Lynn Linton, and Sarah Stickney Ellis, Hager also offers a more contextualized account of the competing strands of the Woman Question. In the course of her revisionist readings of Dickens's novels, Hager uncovers a Dickens who is neither the conservative agent of the patriarchy nor a novelistic Jeremy Bentham, and reveals that tipping the marriage plot on its head forces us to adjust our understanding of the complexities of Victorian proto-feminism.
This volume investigates advances in the field of legal translation both from a theoretical and practical perspective, with professional and academic insights from leading experts in the field. Part I of the collection focuses on the exploration of legal translatability from a theoretical angle. Covering fundamental issues such as equivalence in legal translation, approaches to legal translation and the interaction between judicial interpretation and legal translation, the authors offer contributions from philosophical, rhetorical, terminological and lexicographical perspectives. Part II focuses on the analysis of legal translation from a practical perspective among different jurisdictions such as China, the EU and Japan, offering multiple and pluralistic viewpoints. This book presents a collection of studies in legal translation which not only provide the latest international research findings among academics and practitioners, but also furnish us with a new approach to, and new insights into, the phenomena and nature of legal translation and legal transfer. The collection provides an invaluable reference for researchers, practitioners, academics and students specialising in law and legal translation, philosophy, sociology, linguistics and semiotics.
Aspects of Housing Law provides a comprehensive, up-to-date and readable account of what is often regarded as a complex and technical area of the law. It is essential reading for students of housing law and those taking courses in housing studies. With comprehensive coverage of all areas covered in an undergraduate course on housing, this concise and clear text covers: homelessness owner-occupation regulation of rents repairs and disrepair succession to tenancies private rented sector social housing anti-social behaviour.
Written from a practical standpoint, this new edition of the Stamp Duty Land Tax Handbook details how the updated legislation works in common practice. The book's examples and case studies will be highly useful to surveyors, valuers and anyone needs to be kept up to date with the application of tax duty on Land. Unlike most other books in this area, the Handbook is based on practical experience of the work of surveyors applying the latest legislation in making valuations. The authors explain the potential pitfalls and use examples of calculations of the amounts on which tax is payable. Complex areas like administration and enforcement are clarified and explained. The Handbook will help surveyors and property professionals provide crucial support to their invididual and corporate clients.
On 11 November 2001,the People's Republic of China officially became a member of the World Trade Organisation. During the preceding two decades China emerged as a major trading and maritime nation, has adopted more than twenty maritime related laws and has ratified most of the important international maritime conventions. Maritime Law and Policy in China contains new translations of all the major maritime laws of the People's Republic of China together with detailed explanations of the rationale behind the legislation. A comprehensive examination of the Maritime Code 1992 is included as is a new translation of the Maritime Procedure Law of the People's Republic of China 1999, which lays down the jurisdiction of the maritime courts in China and provides for matters such as arrest of ships, orders for security and maritime injunctions. China's ratification of the international maritime conventions is also examined in detail. This title will be an indispensable reference work for maritime lawyers, marine insurers, P I Clubs, shipping companies and all trading companies conducting business with China.
This book will be essential reading for anyone involved in the management of blocks of flats, or considering acquiring the management of their block. Written by a lawyer well versed in leasehold law, the book's aim is to give a practical guide to a wide variety of management issues, concentrating especially on the pitfalls presented by the Commonhold and Leasehold Reform Act 2002 and how they may be avoided or overcome.
Exploring the relationship between gender and law in Europe from the nineteenth century to present, this collection examines the recent feminisation of justice, its historical beginnings and the impact of gendered constructions on jurisprudence. It looks at what influenced the breakthrough of women in the judicial world and what gender factors determine the position of women at the various levels of the legal system. Every chapter in this book addresses these issues either from the point of view of women's legal history, or from that of gendered legal cultures. With contributions from scholars with expertise in the major regions of Europe, this book demonstrates a commitment to a methodological framework that is sensitive to the intersection of gender theory, legal studies and public policy, and that is based on historical methodologies. As such the collection offers a valuable contribution both to women's history research, and the wider development of European legal history.
The importance of simulation in education, specifically in legal subjects, is here discussed and explored within this innovative collection. Demonstrating how simulation can be constructed and developed for learning, teaching and assessment, the text argues that simulation is a pedagogically valuable and practical tool in teaching the modern law curriculum. With contributions from law teachers within the UK, Australia, Hong Kong, South Africa and the USA, the authors draw on their experiences in teaching law in the areas of clinical legal education, legal process, evidence, criminal law, family law and employment law as well as teaching law to non-law students. They claim that simulation, as a form of experiential and problem-based learning, enables students to integrate the 'classroom' experience with the real world experiences they will encounter in their professional lives. This book will be of relevance not only to law teachers but university teachers generally, as well as those interested in legal education and the theory of law.
View the Table of Contents. aThe author has a good command of the facts in all these cases
and tell the story well.a "Bazyler has written an indispensable history of Holocaust
restitution as litigated in US courts. . . . Essential." aAny activist or scholar interested in any restitution movement
should read this book.a "Bazyler rightly attacks the commission as an unmitigated
disaster and . . . correctly describes the situation as a
disgrace." ""Holocaust Justice" tells the complete story of the legal
campaign to win restitution for Hitler's victims and thus deserves
a large reading audience. . . . The Book should remain the standard
work on the subject for some time to come." "Bazyler . . . gives details of nationwide litigation in which
courts rejected the legal basis for such claims. His book is
enlightening and provocative." "Michael Bazyler has written an incisive and compelling history
of the effort to use law to gain a measure of justice for victims
of the Holocaust. Not only is the book an indispensable chronicle
of the Holocaust litigation; it is a probing inquiry into the
wisdom and morality of the effort." aBy patiently walking us through the vast and complex labyrinth
of litigation and legislation that focused on securing reparations
and restitution, Bazyler shows us that the loss of property caused
by the bureaucratic workings ofbanks, corporations, and insurance
companies was even more difficult to prove in court than the loss
of life caused by no less bureaucratic workings of the
concentration camps.a "In this lucid and compelling book, Bazyler documents the fight
for restitution, its successes, and its failures." .,."A definitive analytical study of how the American courts and
system of justice were used to address the mass-scale theft
initiated by the Holocaust." "Bazyler has produced a masterful study of the tragedy and
triumphs of the Holocaust, and a look at the American legal system
as its most effective and redemptive. The book is a "must
read." aA masterly study of the search for justice against long odds.
Its analysis is compelling, its importance immense. It is also a
fascinating read.a aAn indispensable guide to the complex and controversial
struggle for justice in the aftermath of the Holocaust, traversing
the history of the battle for restitution in Americaas courts.
Bazyleras understanding is authoritative and his learning deep. I
thought I knew all the intricacies of the litigation, all the ins
and outs of the controversy until I read this book and learned that
there was so much more to know. He has done a masterful job of
clarifying and elucidating. This work must be studied by anyone
interested in the issue. It is a model of fairness.a aThis book should be read by everyone interested in howsome
measure of justice was obtained for victims of the Holocaust and
about how issues of historical injustice should be addressed by the
international community.a aAn incisive work of legal history and an invaluable guide to
the litigation involving Holocaust-era assets. Bazyler offers an
elegant and up-to-date study that will prove indispensable for
those interested in restitution law, the Holocaust, and the issue
of historical injustice." aMichael Bazyler brings the passion of a child of Holocaust
survivors and the tenacious investigative skills of a lawyer in
addressing the complexities of Holocaust restitution. The result is
courageous, provocative, and sobering.a ." . . is valuable as a play-by-play of litigation on the Swiss
banks cases, slave labor, Nazi-looted art and Holocaust-era
insurance policies." "The restitution cases he cites in support of his thesis are
thoroughly researched and Professor Bazyler's argument is
provocative." "Bazyler writes intelligently and often bends over backward to
give the other side fair representation. But there is no doubt
where he stands." "A book born of passion."--Simon Reich, University of Pittsburgh The Holocaust was not only the greatest murder in history; it was also the greatest theft. Historians estimate that the Nazis stole roughly $230 billion to $320 billion in assets (figured in todayas dollars), from the Jews ofEurope. Since the revelations concerning the wartime activities of the Swiss banks first broke in the late 1990s, an ever-widening circle of complicity and wrongdoing against Jews and other victims has emerged in the course of lawsuits waged by American lawyers. These suits involved German corporations, French and Austrian banks, European insurance companies, and double thefts of art--first by the Nazis, and then by museums and private collectors refusing to give them up. All of these injustices have come to light thanks to the American legal system. Holocaust Justice is the first book to tell the complete story of the legal campaign, conducted mainly on American soil, to address these injustices. Michael Bazyler, a legal scholar specializing in human rights and international law, takes an in-depth look at the series of lawsuits that gave rise to a coherent campaign to right historical wrongs. Diplomacy, individual pleas for justice by Holocaust survivors and various Jewish organizations for the last fifty years, and even suits in foreign courts, had not worked. It was only with the intervention of the American courts that elderly Holocaust survivors and millions of other wartime victims throughout the world were awarded compensation, and equally important, acknowledgment of the crimes committed against them. The unique features of the American system of justice--which allowed it to handle claims that originated over fifty years ago and in another part of the world--made it the only forum in the world where Holocaust claims could be heard. Without the lawsuits brought by American lawyers, Bazyler asserts, the claims of the elderly survivors and their heirs would continue to be ignored. For the first time in history, European and even American corporations are now being forced to pay restitution for war crimes totaling billions of dollars to Holocaust survivors and other victims. Bazyler deftly tells the unfolding stories: the Swiss banksa attempt to hide dormant bank accounts belonging to Holocaust survivors or heirs of those who perished in the war; German private companies that used slave laborers during World War II--including American subsidiaries in Germany; Italian, Swiss and German insurance companies that refused to pay on prewar policies; and the legal wrangle going on today in American courts over art looted by the Nazis in wartime Europe. He describes both the human and legal dramas involved in the struggle for restitution, bringing the often-forgotten voices of Holocaust survivors to the forefront. He also addresses the controversial legal and moral issues over Holocaust restitution and the ethical debates over the distribution of funds. With an eye to the future, Bazyler discusses the enduring legacy of Holocaust restitution litigation, which is already being used as a model for obtaining justice for historical wrongs on both the domestic and international stage.
What role can resources that go beyond text play in the development of moral education in law schools and law firms? How can these resources - especially those from the visual and performing arts - nourish the imagination needed to confront the ethical complexities of particular situations? This book asks and answers these questions, thereby introducing radically new resources for law schools and law firms committed to fighting against the moral complacency that can all too often creep into the life of the law. The chapters in this volume build on the companion volume, The Arts and the Legal Academy, also published by Ashgate, which focuses on the role of non-textual resources in legal education generally. Concentrating in particular on the moral dimension of legal education, the contributors to this volume include a wide range of theorists and leading legal educators from the UK and the US.
In Western culture, law is dominated by textual representation. Lawyers, academics and law students live and work in a textual world where the written word is law and law is interpreted largely within written and printed discourse. Is it possible, however, to understand and learn law differently? Could modes of knowing, feeling, memory and expectation commonly present in the Arts enable a deeper understanding of law's discourse and practice? If so, how might that work for students, lawyers and academics in the classroom, and in continuing professional development? Bringing together scholars, legal practitioners internationally from the fields of legal education, legal theory, theatre, architecture, visual and movement arts, this book is evidence of how the Arts can powerfully revitalize the theory and practice of legal education. Through discussion of theory and practice in the humanities and Arts, linked to practical examples of radical interventions, the chapters reveal how the Arts can transform educational practice and our view of its place in legal practice. Available in enhanced electronic format, the book complements The Moral Imagination and the Legal Life, also published by Ashgate.
The role of religion as a contentious and motivating force in society is examined here through the lens of the church-state dynamic in countries with three very different approaches to this crucial relationship. Focusing on the United Kingdom, where there is official recognition of one religion by the state, the United States, where law imposes a separatism between religion and the state and Germany, where there is cooperation between the church and state, this book compares these three models. It describes the components of each model, illustrates their operation and uses case law to examine what each model might learn from the other. Controversial and timely issues such as the refusal of medical treatment on religious grounds, the wearing of Islamic headscarves and ritual animal slaughter are discussed with new insight, providing a comprehensive review of varied approaches to law, government and religious freedom.
In 2005, the Supreme Court ruled in Kelo v. New London that a city might take property from one private owner and transfer it to another for economic redevelopment. The ruling marked a new interpretation of the Fifth Amendment to the Constitution, and set a precedent which has raised significant questions regarding government takings and property rights. The ruling also reawakened a public interest in private property and created a vicious reaction among many citizens, journalists, academics, and legislators. This book is unique because it offers an in-depth analysis of the case law found in the opinions and decisions of the state and federal courts, but also uses a variety of other sources including the oral argument before the Supreme Court, the amicus curiae briefs, American political and legal history, as well as the personal stories of those involved in the case. This book also analyzes the public backlash from several different perspectives including opinion polls, media coverage, academic articles and commentary, subsequent case law, and legislative action. Finally, this book offers an insightful critique of the case, including what the Supreme Court got wrong, what it got right, and where the law and courts should go from here.
Human development is not simply about wealth and economic well-being, it is also dependent upon shared values that cherish the sanctity of human life. Using comparative methods, archival research and quantitative findings, this book explores the historical and cultural background of the death penalty in Africa, analysing the law and practice of the death penalty under European and Asian laws in Africa before independence. Showing progressive attitudes to punishment rooted in both traditional and modern concepts of human dignity, Aime Muyoboke Karimunda assesses the ground on which the death penalty is retained today. Providing a full and balanced appraisal of the arguments, the book presents a clear and compelling case for the total abolition of the death penalty throughout Africa. This book is essential reading for human rights lawyers, legal anthropologists, historians, political analysts and anyone else interested in promoting democracy and the protection of fundamental human rights in Africa.
Following significant changes in the legal profession since the 1980s, how do new organizational forms and actors at the edge of the law impact upon our understanding of the changing nature of the core values of mainstream legal professionalism? This methodological approach brings together a series of case studies built on original empirical research and focuses on those operating at the margins of legal professionalism in England and Wales. Also including comparative material on the US and Canada, the issues discussed are relevant for common law countries more generally and the analysis reveals the ways in which an increasingly fluid, fragmented and heterogeneous legal profession is responding to the challenges it faces in the early twenty-first century.
Elizabeth and James, Sidney, Spenser, and Shakespeare, Bacon and Ellesmere, Perkins and Laud, Milton and Hobbes-this begins a list of early modern luminaries who write on 'equity'. In this study Mark Fortier addresses the concept of equity from early in the sixteenth century until 1660, drawing on the work of lawyers, jurists, politicians, kings and parliamentarians, theologians and divines, poets, dramatists, colonists and imperialists, radicals, royalists, and those who argue on gender issues. He examines how writers in all these groups make use of the word equity and its attendant notions. Equity, he argues, is a powerful concept in the period; he analyses how notions of equity play a prominent part in discourses that have or seek to have influence on major social conflicts and issues in early modern England. Fortier here maps the actual and extensive presence of equity in the intellectual life of early modern England. In so doing, he reveals how equity itself acts as an umbrella term for a wide array of ideas, which defeats any attempt to limit narrowly the meaning of the term. He argues instead that there is in early modern England a distinct and striking culture of equity characterized and strengthened by the diversity of its genealogy and its applications. This culture manifests itself, inter alia, in the following major ways: as a basic component, grounded in the old and new testaments, of a model for Christian society; as the justification for a justice system over and above the common law; as an imperative for royal prerogative; as a free ranging subject for poetry and drama; as a nascent grounding for broadly cast social justice; as a rallying cry for revolution and individual rights and freedoms. Working from an empirical account of the many meanings of equity over time, the author moves from a historical understanding of equity to a theorization of equity in its multiplicity. A profoundly literary study, this book also touches on matters of legal an
This book proposes a significant reassessment of the history of Iraq, documenting democratic experiences from ancient Mesopotamia through to the US occupation. Such an analysis takes to task claims that the 'West' has a uniquely democratic history and a responsibility to spread democracy across the world. It also reveals that Iraq has a democratic history all of its own, from ancient Middle Eastern assemblies and classical Islamic theology and philosophy, through to the myriad political parties, newspapers and protest movements of more recent times. This book argues that the democratic history of Iraq could serve as a powerful political and discursive tool where the Iraqi people may come to feel a sense of ownership over democracy and take pride in endorsing it. This could go a long way towards mitigating the current conflicts across the nation and in stabilizing and legitimating its troubled democracy. Taking an interdisciplinary approach and referring to some of the most influential critical theorists to question ideological assumptions about democracy and its history, this book is useful to those interested in political and legal history, human rights and democracy.
Cheryl Nixon's book is the first to connect the eighteenth-century fictional orphan and factual orphan, emphasizing the legal concepts of estate, blood, and body. Examining novels by authors such as Eliza Haywood, Tobias Smollett, and Elizabeth Inchbald, and referencing never-before analyzed case records, Nixon reconstructs the narratives of real orphans in the British parliamentary, equity, and common law courts and compares them to the narratives of fictional orphans. The orphan's uncertain economic, familial, and bodily status creates opportunities to "plot" his or her future according to new ideologies of the social individual. Nixon demonstrates that the orphan encourages both fact and fiction to re-imagine structures of estate (property and inheritance), blood (familial origins and marriage), and body (gender and class mobility). Whereas studies of the orphan typically emphasize the poor urban foundling, Nixon focuses on the orphaned heir or heiress and his or her need to be situated in a domestic space. Arguing that the eighteenth century constructs the "valued" orphan, Nixon shows how the wealthy orphan became associated with new understandings of the individual. New archival research encompassing print and manuscript records from Parliament, Chancery, Exchequer, and King's Bench demonstrate the law's interest in the propertied orphan. The novel uses this figure to question the formulaic structures of narrative sub-genres such as the picaresque and romance and ultimately encourage the hybridization of such plots. As Nixon traces the orphan's contribution to the developing novel and developing ideology of the individual, she shows how the orphan creates factual and fictional understandings of class, family, and gender.
In the first extended treatment of the debates surrounding public deception in eighteenth-century Britain, Jack Lynch contends that forgery, fakery, and fraud make explicit the usually unspoken grounds on which Britons made sense of their world. Confrontations with inauthenticity, in other words, bring tacitly understood conceptions of reality to the surface. Drawing on a wide range of contemporary print and manuscript sources"not only books and pamphlets, but ballads, comic prints, legal proceedings, letters, and diaries"Lynch focuses on the debates they provoked, rather than the forgers themselves. He offers a comprehensive treatment of the criticism surrounding fraud in most of the noteworthy controversies of the long eighteenth century. To this end, his study is structured around topics related to the arguments over deception in Britain, whether they concerned George Psalmanazar's Formosan hoax at the beginning of the eighteenth century or William Henry Ireland's Shakespearean imposture at the end. Beginning with the question of what constitutes deception and ending with an illuminating chapter on what was at stake in these debates for eighteenth-century British thinkers, Lynch's accessibly written study takes the reader through the means"whether simple, sophisticated, or tortuously argued"by which partisans on both sides struggled to define which of the apparent contradictions were sufficient to disqualify a claim to authenticity. Fakery, Lynch persuasively argues, transports us to the heart of eighteenth-century notions of the value of evidence, of the mechanisms of perception and memory, of the relationship between art and life, of historicism, and of human motivation.
For more than forty years Nicholas Brooks has been at the forefront of research into early medieval Britain. In order to honour the achievements of one of the leading figures in Anglo-Saxon studies, this volume brings together essays by an internationally renowned group of scholars on four themes that the honorand has made his own: myths, rulership, church and charters. Myth and rulership are addressed in articles on the early history of Wessex, AthelflA|d of Mercia and the battle of Brunanburh; contributions concerned with charters explore the means for locating those hitherto lost, the use of charters in the study of place-names, their role as instruments of agricultural improvement, and the reasons for the decline in their output immediately after the Norman Conquest. Nicholas Brooks's long-standing interest in the church of Canterbury is reflected in articles on the Kentish minster of Reculver, which became a dependency of the church of Canterbury, on the role of early tenth-century archbishops in developing coronation ritual, and on the presentation of Archbishop Dunstan as a prophet. Other contributions provide case studies of saints' cults with regional and international dimensions, examining a mass for St Birinus and dedications to St Clement, while several contributions take a wider perspective, looking at later interpretations of the Anglo-Saxon past, both in the Anglo-Norman and more modern periods. This stimulating and wide-ranging collection will be welcomed by the many readers who have benefited from Nicholas Brooks's own work, or who have an interest in the Anglo-Saxon past more generally. It is an outstanding contribution to early medieval studies.
Reading God's will and a man's Last Will as ideas that reinforce one another, this study shows the relevance of England's early modern crisis, regarding faith in the will of God, to current debates by legal academics on the theory of property and its succession. The increasing power of the dead under law in the US, the UK, and beyond-a concern of recent volumes in law and social sciences-is here addressed through a distinctive approach based on law and humanities. Vividly treating literary and biblical battles of will, the book suggests approaches to legal constitution informed by these dramas and by English legal history. This study investigates correlations between the will of God in Judeo-Christian traditions and the Last Wills of humans, especially dominant males, in cultures where these traditions have developed. It is interdisciplinary, in the sense that it engages with the limits of several fields: it is informed by humanities critical theory, especially Benjaminian historical materialism and Lacanian psychoanalysis, but refrains from detailed theoretical considerations. Dramatic narratives from the Bible, Shakespeare, and Milton are read as suggesting real possibilities for alternative inheritance (i.e., constitutional) regimes. As Jenkins shows, these texts propose ways to alleviate violence, violence both personal and political, through attention to inheritance law.
A Decent Provision is a narrative history of how and why Australia built a distinctive welfare regime in the period from the 1870s to 1949. At the beginning of this period, the Australian colonies were belligerently insisting they must not have a Poor Law, yet had reproduced many of the systems of charitable provision in Britain. By the start of the twentieth century, a combination of extended suffrage, basic wage regulation and the aged pension had led to a reputation as a 'social laboratory'. And yet half a century later, Australia was a 'welfare laggard' and the Labor Party's welfare state of the mid-1940s was a relatively modest and parsimonious construction. Models of welfare based on social insurance had been vigorously rejected, and the Australian system continued on a path of highly residual, targeted welfare payments. The book explains this curious and halting trajectory, showing how choices made in earlier decades constrained what could be done, and what could be imagined. Based on extensive new research from a variety of primary sources it makes a significant contribution to general historical debates, as well as to the field of comparative social policy. |
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