Download or read book The Legal Status of Intersex Persons written by Jens M. Scherpe and published by . This book was released on 2018-09 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until very recently, the legal gender of a person-both at birth and later in life-in virtually all jurisdictions had to be recorded as either male or female; most laws simply did not allow any other option. However, there are many cases where this gender binary is unable to capture the reality of a person's gender identity. In 2013, Germany became the first Western jurisdiction in modern times to introduce legislation allowing a person's gender to be recorded as 'indeterminate' at birth and thus give them a legal gender status other than male or female. However, despite good intentions, this legislation has proved problematic in many ways and is subject to pertinent criticism. Several other jurisdictions are now beginning to react to challenges to the gender binary. The Legal Status of Intersex Persons provides a basis for discussions surrounding law reform in this area. It contains contributions from medical, psychological, and theological perspectives, as well as national legal perspectives from Germany, Malta, Australia, India, the Netherlands, Columbia, Sweden, France, and the USA. It explores international human rights aspects of intersex legal recognition, and it features chapters on private international law and legal history. [Subject: Human Rights Law, Gender & the Law, Private International Law, Legal History]
Download or read book The Legal Status and Perspectives of Ethnic Minorities in European States written by Magdalena Butrymowicz and published by Rowman & Littlefield. This book was released on 2022-03-02 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: The way we exist in society defines our place in its social structures and reaffirms our belonging, identity, and dignity. Europe is a continent characterized by many internal conflicts and ongoing struggles inside societies. The battlefield is society itself, where state law clashes with ethnic law over the very identity of society. Exploring debates from Scandinavia to Spain about the religious and political autonomy and freedom, this book explains that the violation of the rights of ethnic minorities and indigenous peoples, such as the Sami and Basque peoples, remains a problem in Europe. In addition to these political conflicts, Magdalena Butrymowicz analyzes the legal and religious culture within minority ethnic structures themselves. Ultimately, this book raises timely questions about the balance between state control and legal autonomy for ethnic minorities across Europe advocating for a new definition of ethnic law as the right of ethnic minorities, creating their legal and ethnic identity. The book will interest anyone exploring the dynamic between European states and the ethnic minorities that live in them.
Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Download or read book The Legal Status of Transsexual and Transgender Persons written by Jens M. Scherpe and published by Intersentia Uitgevers N V. This book was released on 2015-06-15 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: The need to allow for a legal change of sex/gender, in certain cases, is no longer disputed in most jurisdictions. For European countries, there is no question as to whether such a change should be allowed after the decision of the European Court of Human Rights in Goodwin v. United Kingdom (Application No. 28957/95). The question has therefore shifted to what the requirements should be for such a legal change. Many jurisdictions have legislated or developed an administrative approach to changing sex/gender, but the requirements differ significantly from jurisdiction to jurisdiction, particularly with regard to age, nationality, and marital status, as well as the medical and psychological requirements. The latter, in some jurisdictions, still include surgery and sterility as a precondition, thus potentially forcing the persons concerned to choose between the recognition of their sex/gender identity and their physical integrity. This book examines questions that are thus far under-researched, namely what the full legal consequences of a legal change of sex/gender should be - for example, with regard to the existing legal relationships, such as marriages and registered partnerships, but also concerning children and parentage. The Legal Status of Transsexual and Transgender Persons is the result of an international research project, including not only national reports from 14 European and non-European jurisdictions, but also two chapters that look at legal sex/gender changes from a Christian perspective, and one chapter from a medical-psychological perspective. The final chapter compares and contrasts the different approaches and requirements and makes recommendations for best practice and law reform.
Download or read book Concepts in Law written by Jaap C. Hage and published by Springer Science & Business Media. This book was released on 2009-08-24 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last decades, legal theory has focused almost completely on norms, rules and arguments as the constitutive elements of law. Concepts were mostly neglected. The contributions to this volume try to remedy this neglect by elucidating the role concepts play in law from different perspectives. A main aim of this volume is to initiate a debate about concepts in law. Åke Frändberg gives an overview of the many different uses of concepts in law and shows amongst others that concepts in the law should not be confused with the role of concepts in descriptions of the law. Dietmar von der Pfordten criticizes the restriction to norms as parts of the law in contemporary legal theory by questioning what concepts are and what their function is, both in general and in legal conceptual schemes. Giovanni Sartor assumes the inferential analysis of meaning proposed by Alf Ross in his ground breaking paper Tû-tû and addresses the question how possession of a concept, including the rules defining it, is possible without endorsing these rules. Jaap Hage argues that 1. legal status words such as 'owner' have a meaning because they denote things or relations in institutional reality, 2. the meaning of these words consists in this denotation relation, 3. knowledge of this meaning presupposes knowledge of the rules governing these words. Torben Spaak contributes to this volume with an exemplary analysis of one of the most central concepts of the law, namely that of a legal power. Lorenz Kähler discusses the role of concepts in determining the scope of application of legal rules and raises from this perspective the question to what extent legal concept formation can be arbitrary. Ralf Poscher argues that as soon as a concept is used in stating the law, the precise scope of application of this concept has become a legal matter. This means that the use of ‘moral’ concepts in the law does not automatically lead to a moral import into the law. Dennis Patterson holds that Hart’s concept of law can be understood as a so-called ‘practice theory’ and provides an overview of such a theory.
Download or read book New Destination Dreaming written by Helen Marrow and published by Stanford University Press. This book was released on 2011-03-31 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: New York, Chicago, and Los Angeles have long been shaped by immigration. These gateway cities have traditionally been assumed to be the major flashpoints in American debates over immigration policy—but the reality on the ground is proving different. Since the 1980s, new immigrants have increasingly settled in rural and suburban areas, particularly within the South. Couple this demographic change with an increase in unauthorized immigrants, and the rural South, once perhaps the most culturally and racially "settled" part of the country, now offers a window into the changing dynamics of immigration and, more generally, the changing face of America. New Destination Dreaming explores how the rural context impacts the immigrant experience, how rapid Hispanic immigration influences southern race relations, and how institutions like schools and law enforcement agencies deal with unauthorized residents. Though the South is assumed to be an economically depressed region, low-wage food processing jobs are offering Hispanic newcomers the opportunity to carve out a living and join the rural working class, though this is not without its problems. Inattention from politicians to this growing population and rising black-brown tensions are both factors in contemporary rural southern life. Ultimately, Marrow presents a cautiously optimistic view of Hispanic newcomers' opportunities for upward mobility in the rural South, while underscoring the threat of anti-immigrant sentiment and restrictive policymaking that has gripped the region in recent years. Lack of citizenship and legal status still threatens many Hispanic newcomers' opportunities. This book uncovers what more we can do to ensure that America's newest residents become productive and integrated members of rural southern society rather than a newly excluded underclass.
Download or read book The Amazon from an International Law Perspective written by Beatriz Garcia and published by Cambridge University Press. This book was released on 2011-02-21 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a vast river network and rainforests extending over eight South American countries, the Amazon plays a vital role particularly in maintaining biodiversity and terrestrial carbon storage. Due to its ecological characteristics, the Amazon benefits not only those countries but also the international community at large. However, the Amazon forests are being rapidly cleared with a consequent loss of biodiversity and impact on global climate. This book examines whether international law has an impact on the preservation of the Amazon by inquiring into the forms of cooperation that exist among the Amazon countries, and between them and the international community, and to what extent international cooperation can help protect the Amazon. Given the role of this region in maintaining the balance of the global environment, the book examines whether the Amazon should be granted a special legal status and possible implications in terms of international cooperation.
Download or read book The Legal Framework of the OSCE written by Mateja Steinbrück Platise and published by Cambridge University Press. This book was released on 2019-05-30 with total page 801 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Organization for Security and Cooperation in Europe (OSCE), the world's largest regional security organisation, possesses most of the attributes traditionally ascribed to an international organisation, but lacks a constitutive treaty and an established international legal personality. Moreover, OSCE decisions are considered mere political commitments and thus not legally binding. As such, it seems to correspond to the general zeitgeist, in which new, less formal actors and forms of international cooperation gain prominence, while traditional actors and instruments of international law are in stagnation. However, an increasing number of voices - including the OSCE participating states - have been advocating for more formal and autonomous OSCE institutional structures, for international legal personality, or even for the adoption of a constitutive treaty. The book analyses why and how these demands have emerged, critically analyses the reform proposals and provides new arguments for revisiting the OSCE legal framework.
Download or read book Yearbook of Immigration Statistics written by and published by . This book was released on 2004 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal Status of the Military written by U.S. Army Command and General Staff College and published by . This book was released on 1957 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Beyond Human Rights written by Anne Peters and published by Cambridge University Press. This book was released on 2016-10-27 with total page 645 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.
Download or read book The Legal Status of the Negro written by Charles Staples Mangum and published by The Lawbook Exchange, Ltd.. This book was released on 2000 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published: Chapel Hill: The University of North Carolina Press, 1940. viii, 436 pp. This was the first comprehensive treatise on the legal status of the African-American as interpreted by United States courts in cases involving civil rights and citizenship. Some of the topics examined in this work are land ownership, involuntary servitude, segregation, failure to provide accommodations in charitable and penal institutions, interracial marriage, illegitimate offspring and adoption, as well as consideration of such factors as mob domination at trials of African-Americans, race discrimination in jury selection, racial prejudice of jurors, the voting franchise during reconstruction and its aftermath and attempts to keep African-Americans away from the polls. While lacking a table of cases per se, the treatise is well-annotated with citations to relevant cases, and includes a bibliography and index. Charles S. Mangum, Jr. [1902-1980] was a Research Fellow at the University of North Carolina. His other notable work is The Legal Status of the Tenant Farmer in the Southeast (1952). "An enormous compendium of cases, it is a product of sound and painstaking scholarship, brilliant in design, thorough in execution, and deft in style." -Jerome H. Springarn, Columbia Law Review (1940) 40:1118. "It is the first comprehensive collection of legal materials in its field." Marke, A Catalogue of the Law Collection of New York University (1953) 334.
Download or read book The Law of Refugee Status written by James C. Hathaway and published by Cambridge University Press. This book was released on 2014-07-03 with total page 777 pages. Available in PDF, EPUB and Kindle. Book excerpt: The long-awaited second edition of this seminal text, reconceived as a critical analysis of the world's leading comparative asylum jurisprudence.
Download or read book Socio legal Status of Women in India written by Rama Mehta and published by Mittal Publications. This book was released on 1987 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Legal Status of Migrants Admitted for Employment written by Ryszard Ignacy Cholewinski and published by Council of Europe. This book was released on 2004-01-01 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent trends indicate that European countries are admitting more foreign workers to fill labour shortages caused by ageing populations and the increasing globalisation. Consequently, some European countries have adopted new laws and policies in order to attract both highly-skilled and less skilled foreign workers. However, the legal status of these migrants has become a matter of concern. The new measures do not entirely meet the established principles and standards of the Council of Europe aimed at protecting the rights of migrant workers, such as those of the European Social Charter and the European Convention on the Legal Status of Migrant Workers. This study focuses on the rules relating to the legal status of the main categories of migrant workers admitted for employment in some Council of Europe member states. It considers the important question of whether these national rules are structured in a way to assist migrants in their integration in the host country, in terms of granting them a secure residence status and economic and social rights, or whether they discourage or even prevent such integration.
Download or read book The Legal Status of Married Women Teachers written by Ward Wilbur Keesecker and published by . This book was released on 1934 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The International Legal Status of Austria 1938 1955 written by Robert E. Clute and published by Springer. This book was released on 2012-12-06 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: Austria was the first victim of Hitler's policy of aggression. The Ger man domination of that country (the so-called Anschluss) heralded the beginning of a diplomatie demarche. The event also had deep implications for the legal system of the international community. The Allied occupation of Austria after W orId War II and the long delay in attaining aState Treaty to arrange for the Allied withdrawal from Austrian territory eventually gave rise to some doubts as to the international legal status of the latter. This study is confined to an examination of the international legal problems involved in Austria's changed status from the Anschluss of March 13, I938, until the signing of the State Treaty on May 15, 1955. It is not intended to be a history of the period covered and no attempt is made to treat fully such fascinating topics as the diplo matie negotiations leading up to the Anschluss or the story of the long struggle between the occupying powers to attain aState Treaty for Austria. The time span of this work was deliberately chosen in a desire to confine it to an appraisal ofthe legal continuity ofthe Austrian State and an evaluation of the impact of the Austrian question on the traditional law of state succession and recognition. The problem of Austria's new neutralized status resulting from the negotiations in connection with and subsequent to the signing of the Austrian State Treaty is worthy of separate treatment and is not dealt with in the present study.
