1,720,968 research outputs found
The human rights of the child : the case of street children in Central America
No full textStreet children in Central America are largely denied protection of their human rights. They live in difficult situations of poverty, inappropriate work and neglect, and thus are not able to enjoy most of their rights and basic needs.The international framework for children's human rights law, composed primarily of the Convention on the Rights of the Child and the principles inherent to it, can be described as based on a doctrine of integral protection, a notion developed primarily by Central American legal scholars. At the same time, however, most Central American states ignore their obligations to conform their domestic legislation to these standards.This thesis is meant to provide Central American countries with guidelines captured by a model referred to as UPPP2. Its main objective is for States to acknowledge that the plight of street children needs to be understood; prevented by adequate domestic legislation; and requires protection by effective implementation and provision of justice
Ideal mother/ideal body
No full textThis thesis argues that women's bodies are constituted by discourses about them. It explores the operations of power over women's bodies by analyzing the way in which the maternal body is constructed in the discourses of law, medicine and culture. Chapter One provides a theoretical context for this thesis. It examines the organization of knowledge and its relationship to power within the Western liberal tradition. Power is implicated in the production and dissemination of knowledge about the maternal body in two ways. First, scientific knowledge is privileged in legal and cultural discourses with the effect that knowledge claims based on experience are discredited. Second, scientific knowledge about the fetus, divined through the routine application of diagnostic technologies, has generated new opportunities for scrutinizing the maternal body. This information has been used to create expectations about which bodies are appropriate for reproductive purposes. These points are explored in Chapters Two and Three. Chapter Two is a study of cultural discourses about two women whose pregnancies were condemned on the basis that their bodies deviated from the ideal maternal body. In these stories, each woman was represented as a bad mother for pursuing her pregnancy against medical advice. Chapter Three is a study of the law's response to women who have failed to comply with medical advice deemed necessary for fetal well-being. It analyzes the strategies and implications of legally regulating pregnant women. Overall, this thesis poses a challenge to the way that the maternal body is represented by excavating the partial nature of the claims upon which these representations are based. Further, it argues for a re-conceptualization of the maternal body
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Building justice ::Frank Iacobucci and the life cycles of law /
No full text"Ignoring early advice that he had the wrong kind of name to go to law school, Frank Iacobucci, the son of Italian immigrants, made a name for himself as an outstanding Canadian jurist. Serving as justice of the Supreme Court of Canada from 1991 to 2004, Iacobucci was also professor and dean of law at the University of Toronto and deputy minister of justice for Canada. In Building Justice, Shauna Van Praagh weaves together the voices of individuals whose paths and projects have intersected with those of Frank Iacobucci. The book provides a compelling consideration of the study and practice of law as it follows the stages of Iacobucci's life and career: from his childhood in Vancouver, his practice as a young lawyer, his time at the University of Toronto and with the Federal Department of Justice, his work as a judge at the highest level of court, and his significant engagement with Canada's ongoing response to the legacy of residential schools. Building Justice is a beautifully written biography in which the stories of one jurist serve to explore and illustrate engaged citizenship through law."-
Seduction of a Law Professor. Review of Allan C Hutchinson, Laughing at the Gods: Great Judges and How They Made the Common Law (Cambridge: Cambridge University Press, 2012), pp 328. ISBN 978-1-107-01726-9
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Changing the Lens: Locating Religious Communities within U.S. and Canadian Families and Constitutions [Article]
No full textPart III: Comparative Approaches Sub Federal CommunitiesThis material published in Arizona Journal of International and Comparative Law is made available by the James E. Rogers College of Law, the Daniel F. Cracchiolo Law Library, and the University of Arizona Libraries. If you have questions, please contact the AJICL Editorial Board at http://arizonajournal.org/contact-us/
"Academic Concerns" - Caring about Conversation in Canadian Common Law
No full textThe Supreme Court of Canada, in its 2001 decision in Cooper v Hobart, refined the test in Canadian common law for establishing a duty of care in the tort of negligence. Although aware of the complexities and ongoing challenges of the “duty of care” concept, the Supreme Court openly labelled these concerns as “academic.” This article confirms these concerns as “academic,” but insists that this label underlines their centrality not only to an understanding of the tort of negligence but to the nature and form of common law reasoning. By pointing to errors in the Supreme Court of Canada’s judgment—errors of using the wrong word, naming the wrong judge, confusing the structure of the duty of care inquiry, and omitting an important precedent case—the authors identify failures in the four principal activities of the common law: placing, naming, identifying, and remembering. They suggest that the image, sounds, and fluctuation of “conversation” capture the method of common law—its linking of past to future through imperfect yet evocative analogical reasoning—and affirm the importance of paying attention to the meaning of words, the names of judges, the structure of questions, and the importance of history.
La Cour suprême du Canada, dans l'arrêt Cooper c Hobart prononcé en 2001, a raffiné le critère de la common law canadienne pour établir une obligation de diligence relativement à la responsabilité délictuelle et à la négligence. Quoique bien au fait de la complexité et des contestations relatives au concept de l'obligation de diligence, la Cour suprême a clairement qualifié ces questions de « théoriques ». Cet article confirme que ces questions sont théoriques, mais insiste sur le fait que ce qualificatif souligne qu'il s'agit de questions fondamentales non seulement pour comprendre la faute de négligence, mais également la nature et la forme du raisonnement de la common law. Les auteurs, en soulignant les erreurs dans l'arrêt de la Cour suprême du Canada—mauvaise terminologie, erreurs sur le nom du juge, confusion quant à la structure de l’examen visant à déterminer s’il existe une obligation de diligence et omission d'un précédent important—relèvent des manquements aux quatre activités principales de la common law: situer, nommer, identifier et se souvenir. Ils avancent que l'image, les sons et les fluctuations de la « conversation » reflètent la méthodologie de la common law—le fait qu'elle établit des liens entre le passé et le futur en faisant appel à un raisonnement analogique imparfait, mais évocateur—et affirment l'importance de porter attention à la signification des mots, au nom des juges, à la structure de l'examen et à l'importance de l’histoire.Arts, Education & Law Group, Griffith Law SchoolFull Tex
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