Download or read book Feminist Perspectives on Contract Law written by Linda Mulcahy and published by Psychology Press. This book was released on 2005 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection questions the assumptions about feminist perspectives on contract law made in mainstream textbooks and the ideologies that underpin them, drawing attention to the ways in which the law of contract has facilitated the virtual exclusion of women, the feminine and the private sphere from legal discourse.

Download or read book John Gower and the Limits of the Law written by Conrad van Dijk and published by DS Brewer. This book was released on 2013 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of the ways in which Gower's poetry engages with contemporary law and legal questions. It has long been thought that John Gower was probably a lawyer before turning to poetry, and this study reveals his active engagement with contemporary legal debates; they include constitutional questions, jurisdictional issues, private vengeance, jurisprudential concepts (such as equity and the rigor iuris), and aspects of criminal law. The author argues that the Confessio Amantis in particular demonstrates Gower's uncertainty about how to reconcile the ideal of a just law with alternative modes of justice, such as self-help, royal discretion, and divine will. The book also examines the parallel development of the exemplum and casus in medieval literature. Exempla frequently create a sense of narrative closure by means of some form of punishment, or as Gower would put it, "vengeance". How then do we set Gower's reputation as a sympathetic writer alongside his frequent desire forclosure and punishment? What are the limits of exemplarity and law? These questions are answered by reading Gower in relation to the volatile politics of the Ricardian period, and in comparison with the poetic concerns of contemporary writers such as Chaucer and Langland. In so doing, the book provides a searching introduction to the intersection between literature and law in the late fourteenth century. Dr. Conrad van Dijk is Assistant Professor of English at Concordia University College of Alberta (Edmonton, Canada).

Download or read book Legal Violence and the Limits of the Law written by Amy Swiffen and published by Routledge. This book was released on 2017-08-10 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the meaning of punishment today? Where is the limit that separates it from the cruel and unusual? In legal discourse, the distinction between punishment and vengeance—punishment being the measured use of legally sanctioned violence and vengeance being a use of violence that has no measure—is expressed by the idea of "cruel and unusual punishment." This phrase was originally contained in the English Bill of Rights (1689). But it (and versions of it) has since found its way into numerous constitutions and declarations, including Article 5 of the Universal Declaration of Human Rights, as well as the Amendment to the US Constitution. Clearly, in order for the use of violence to be legitimate, it must be subject to limitation. The difficulty is that the determination of this limit should be objective, but it is not, and its application in punitive practice is constituted by a host of extra-legal factors and social and political structures. It is this essential contestability of the limit which distinguishes punishment from violence that this book addresses. And, including contributions from a range of internationally renowned scholars, it offers a plurality of original and important responses to the contemporary question of the relationship between punishment and the limits of law.

Download or read book Limits Of Law written by Peter Schuck and published by Routledge. This book was released on 2018-03-08 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law is an increasingly pervasive force in our society. At the same time, however, the obstacles to law’s effectiveness are also growing. In The limits of Law, Yale law professor Peter H, Schuck draws on law, social science, and history to explore this momentous clash between law’s compelling promise of ordered liberty and the realistic limits of its capacity to deliver on this promise. Schuck first discusses the constraints within which law must work–law’s own complexity, the cultural chasms it must bridge, and the social diversity it must accommodate–and proceeds to consider the ways law uses regulatory, legislative, and adjudicatory processes to influence social behavior. He shows how politics shapes regulation, how regulation might incorporate individualized equity, and how it can best be reformed. Turning to legislation, he justifies a strong role for special interest groups, dissects purely symbolic statutes, and defends broad delegations of legislative power to regulatory agencies. Concerning adjudication, Schuck analyzes the courts’ efforts to advance social justice by controlling federal agencies, constitutionalizing politics, managing mass toxic tort disputes, and reforming public services and institutions. His concluding chapter draws together some general lessons about law’s limits and possibilities for improving democratic governance.

Download or read book The Limits and Logic of Agency Theory in Company Law written by Jonathan Hardman and published by Taylor & Francis. This book was released on 2024-09-12 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: Agency theory is ubiquitous in company law. This book explores (a) the limits of such deployment, and (b) the logic of how to deploy it. The book makes five linked arguments in respect of the limits of agency theory in company law. First, it argues that agency theory has become so broad that it can be used to analyse most human relationships. Such breadth, though, comes at the expense of legal clarity: as agency relationships cover such a broad range of relationships, there are no normative legal conclusions that can be drawn merely from identifying such a relationship. Second, it argues that we need to differentiate more specific concepts with clearer legal implications, such as externalities, and the particular manifestation of moral hazard that appears in insurance dynamics. Third, it argues that considerable amounts of existing company law theory - which is ostensibly built from agency theory - is in fact based on a series of hidden value judgments at each stage of the analysis. Fourth, it argues that company law theory should use agency theory less to rebalance the discipline: agency theory has become hegemonic, which is dangerous for the discipline, obscures company law’s role in establishing incentives, undermines accountability, and reduces company law’s autonomy. The book then moves to the logic of agency theory and makes three arguments. First, it argues that we need to factor in the company, only apply agency theory to voluntary interactions, and foreground our value judgments when identifying agency relations to do it properly. Second, it argues that it is rational to incur agency costs when we perceive the benefits of doing so to outweigh the costs, meaning that agency costs can be facilitative and we should look to front-end them rather than universally minimise them. Third, it argues that this needs to be undertaken through mandatory laws. Exploring the external limits and internal logic of agency cost analysis, this book will be of interest to academics, students, and researchers of corporate and company law.

Download or read book Love s Promises written by Martha M. Ertman and published by Beacon Press. This book was released on 2016-05-24 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Blends memoir and legal cases to show how contracts can create family relationships Most people think of love and contracts as strange bedfellows, or even opposites. In Love’s Promises, however, law professor Martha Ertman shows that far from cold and calculating, contracts shape and sustain families. Blending memoir and law, Ertman delves into the legal cases, anecdotes, and history of family law to show that love comes in different packages, each shaped by different contracts and mini-contracts she calls “deals.” Family law should and often does recognize that variety because legal rules, like relationships, aren’t one size fits all. The most common form of family—which Ertman calls “Plan A”—come into being through different kinds of agreements than the more uncommon families that she dubs “Plan B.” Recognizing the contractual core of all families shows that Plan B is neither unnatural nor unworthy of legal recognition, just different. After telling her own moving and often irreverent story about becoming part of a Plan B family of two moms and a dad raising a child, Ertman shows that all kinds of people—straight and gay, married and single, related by adoption or by genetics—use contracts to shape their relationships. As couples navigate marriage, reproductive technologies, adoption, and cohabitation, they encounter contracts. Sometimes hidden and other times openly acknowledged, these contracts ensure that the people they think of as “family” are legally recognized as family in the eyes of the law. Family exchanges can be substantial, like vows of fidelity, or small, like “I cook and you clean.” But regardless of scope, the agreements shape the emotional, social, and financial terrain of family relationships. Seeing the instrumental role contracts will help readers better understand how contracts and deals work in their own families as well as those around them. Both insightful and paradigm-shifting, Love’s Promises lets readers in on the power of contracts and deals to support love in its many forms and to honor the different ways that our nearest and dearest contribute to our daily lives.

Download or read book Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Alabama written by Alabama. Supreme Court and published by . This book was released on 1881 with total page 754 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Exemption of Certain Projects from Land limitation Provisions of Federal Reclamation Laws written by United States. Congress. Senate. Committee on Interior and Insular Affairs and published by . This book was released on 1947 with total page 1356 pages. Available in PDF, EPUB and Kindle. Book excerpt: United States Senate, Eightieth Congress, first session, on S. 912, a bill exempting certain projects from the land-limitation provisions of the Federal reclamation laws and repealing all inconsistent provisions of prior acts.

Download or read book The Limits of Private Governance written by Florian Grisel and published by Bloomsbury Publishing. This book was released on 2021-09-09 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is there a future for the law? In this book, Florian Grisel addresses one of the most fascinating questions raised by social scientists in the past few decades. Since the 1980s, socio-legal scholars have argued that governance based on social norms (or “private governance”) can offer an alternative to regulation by the law. On this account, private governance could be socially efficient and even optimal compared with other modes of governance. The Limits of Private Governance supplements this optimistic analysis of private governance by assessing the long-term evolution of a private order in the fishery of Marseille. In the last eight centuries, the fishers of Marseille have regulated their community without apparent means of legal support from the French state. In the early 15th century, they even created an organisation called the Prud'homie de Pêche in order to regulate their fishery. Based on archival evidence, interviews and ethnographic data, Grisel examines the evolution of the Prud'homie de Pêche and argues that the strong social norms in which it is embedded are not only powerful tools of governance, but also forces of inertia that have constrained its regulatory action. The lessons drawn from this book will appeal to academics, policy-makers and members of the general public who have an interest in the governance of our modern societies.

Download or read book The Complete Works written by Rabindranath Tagore and published by DigiCat. This book was released on 2022-05-17 with total page 2228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This meticulously edited Tagore collection includes: Poetry:_x000D_ My Golden Bengal (Amar Shonar Bangla)_x000D_ The Morning Song of India (Jana Gana Mana)_x000D_ Gitanjali_x000D_ The Gardener_x000D_ Fruit-Gathering_x000D_ The Crescent Moon:_x000D_ The Home_x000D_ On The Seashore_x000D_ The Source_x000D_ Baby's Way_x000D_ The Unheeded Pageant_x000D_ Sleep-Stealer_x000D_ The Beginning_x000D_ Baby's World_x000D_ When And Why_x000D_ Defamation_x000D_ The Judge_x000D_ Playthings_x000D_ The Astronomer_x000D_ Clouds And Waves_x000D_ The Champa Flower_x000D_ Fairyland_x000D_ The Land Of The Exile_x000D_ The Rainy Day_x000D_ Paper Boats_x000D_ The Sailor_x000D_ The Further Bank_x000D_ The Flower-School_x000D_ The Merchant_x000D_ Sympathy_x000D_ Vocation_x000D_ Superior_x000D_ The Little Big Man_x000D_ Twelve O'clock_x000D_ Authorship_x000D_ The Wicked Postman_x000D_ The Hero_x000D_ The End_x000D_ The Recall_x000D_ The First Jasmines_x000D_ The Banyan Tree_x000D_ Benediction_x000D_ The Gift_x000D_ My Song_x000D_ The Child-Angel_x000D_ The Last Bargain_x000D_ Stray Birds_x000D_ Lover's Gift and Crossing_x000D_ The Fugitive:_x000D_ Kacha and Devayani_x000D_ Ama and Vinayaka_x000D_ The Mother's Prayer_x000D_ Somaka and Ritvik_x000D_ Karna and Kunti_x000D_ The Child_x000D_ Fireflies_x000D_ Songs of Kabir_x000D_ Novels & Stories:_x000D_ The Home and the World_x000D_ The Hungry Stones_x000D_ The Victory_x000D_ Once There Was a King_x000D_ The Home-Coming_x000D_ My Lord, The Baby_x000D_ The Kingdom of Cards_x000D_ The Devotee_x000D_ Vision_x000D_ The Babus of Nayanjore_x000D_ Living or Dead?_x000D_ "We Crown Thee King"_x000D_ The Renunciation_x000D_ The Cabuliwallah_x000D_ Mashi_x000D_ The Skeleton_x000D_ The Auspicious Vision_x000D_ The Supreme Night_x000D_ Raja and Rani_x000D_ The Trust Property_x000D_ The Riddle Solved_x000D_ The Elder Sister_x000D_ Subha_x000D_ The Postmaster_x000D_ The River Stairs_x000D_ The Castaway_x000D_ Saved_x000D_ My Fair Neighbour_x000D_ Broken Ties_x000D_ In the Night_x000D_ The Fugitive Gold_x000D_ The Editor_x000D_ Giribala_x000D_ The Lost Jewels_x000D_ Emancipation_x000D_ Master Mashai_x000D_ The Son of Rashmani_x000D_ The Patriot_x000D_ The Parrot's Training_x000D_ Plays:_x000D_ The Post Office_x000D_ Chitra_x000D_ The Cycle of Spring_x000D_ Red Oleanders_x000D_ Essays & Lectures:_x000D_ Sadhana: The Realisation of Life_x000D_ Personality_x000D_ Nationalism_x000D_ The Centre of Indian Culture_x000D_ Thought Relics_x000D_ The Spirit of Japan_x000D_ Creative Unity_x000D_ Man the Artist_x000D_ Oriental and Occidental Music_x000D_ Letters:_x000D_ Glimpses of Bengal_x000D_ Letters of Tagore_x000D_ Tagore's Letters to M. K. Gandhi_x000D_ My Reminiscences – Autobiography_x000D_ _x000D_ _x000D_

Download or read book Modern Family Law written by D. Kelly Weisberg and published by Aspen Publishing. This book was released on 2024-02-12 with total page 905 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the conflict between respect for privacy and deference to state authority in the context of family law today, each chapter in the Eighth Edition of this popular Family Law casebook provides a lens to explore the appropriate role of the state in family decision making, and helps equip students to handle current and emerging family law issues. The book features riveting well-edited cases, notes, interdisciplinary materials, and problems that highlight issues of gender, sexuality, race, and class. Integrating legal developments with perspectives from history, psychology, sociology, medicine, and philosophy, this casebook uniquely reflects the full diversity of the modern family, including key updates on marriage equality and parentage issues for LGBTQ-headed families, nonmarital families, abortion, adoption, and assisted reproduction. New to the Eighth Edition: Recent landmark developments in the law of abortion, including Dobbs v. Jackson Women’s Health Organization, and updates on state law efforts to curtail abortion access Conflict between nondiscrimination principles and the First Amendment, including 303 Creative v. Elenis Updates on recent or pending Supreme Court cases, including Brackeen v. Haaland, Golan v. Saada, and Rahimi v. U.S. Recent Uniform Acts, including the Uniform Cohabitants' Economic Remedies Act and the Uniform Unregulated Child Custody Transfer Act New federal law, including the Violence Against Women Reauthorization Act (2022) and the Respect for Marriage Act State law reform on marriages involving minors Impact of COVID on family law Benefits for instructors and students: A mix of “classics” and cutting-edge materials illuminate family law’s past and its continuing development in an era of exciting change Materials—such as narratives, epilogues, personal communications, social science perspectives, and comparative information—bring family law to life Thoughtfully organized materials clearly present basic principles and doctrines, while inviting policy-based reflections and questions about law reform Provocative questions and Problems based on cases and current events will spark lively class discussions

Download or read book Acreage Limitation Reclamation Law Review written by United States. Congress. Senate. Committee on Interior and Insular Affairs. Subcommittee on Irrigation and Reclamation and published by . This book was released on 1958 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers legislation to revise acreage limitation provisions of Federal reclamation laws and exempt Seedskadee irrigation project, Wyo., from excess land provisions.

Download or read book The Law of Love Its Fabulous Frequency of Freedom written by Jasmuheen and published by Lulu.com. This book was released on 2007-08-01 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: An extensive manual filled with powerful life transforming meditations which also details the Ancient Taoist Masters techniques for Immortality plus Futuristic Science tools of Inter-Dimensional Matrix Mechanics for Jasmuheen's Freedom from Human Limitation Agenda. This research covers freedom from the need to age or create dis-ease; freedom from the need to take food or liquid as we learn how to create a self sustaining bio-system; freedom to express our Divine nature and all its gifts and glories ... plus tested methods for determining our personal readiness levels for these freedoms!

Download or read book Continuity and Discontinuity written by John S. Feinberg and published by Crossway. This book was released on 1988 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Perspectives on the relationship between the Old and New Testaments as they concern theological systems, Mosaic law, salvation, hermeneutics, the people of God, and kingdom promises. From a respected group of modern theologians.

Download or read book Fundamental legal problems of surrogate motherhood Global perspective written by Piotr Mostowik and published by Wydawnictwo Instytutu Wymiaru Sprawiedliwości. This book was released on 2019-07-01 with total page 1066 pages. Available in PDF, EPUB and Kindle. Book excerpt: The observation that mater semper certa est remains accurate under most legal systems in the world. Maternity is defined as the personal status (filiation) of a woman who gave birth to a child. It is typically complemented by the fatherhood of the man from whom the child biologically originates (often quem nuptiae demonstrant). However, in some states, a kind of competitive way of acquiring the legal status of mother and father (or “homosexual parents A and B”) has been introduced via concluding a contract with a surrogate mother. Usually with a woman coming from poorer societies and with the assistance of professional intermediaries and organizers. The postulates to change substantive family law, or at least to recognize the effects of foreign law and procedures (a kind of “procreative tourism”), appear nowadays also in states generally prohibiting surrogate motherhood. The issues discussed in this volume concern both national law and international court cases. Recent examples include the opinion of the European Court of Human Rights of 10 April 2019 initiated by the French Cour de cassation, the judgement of the German Bundesgerichtshofof 20 March 2019, and dilemmas of Polish administrative courts. Focusing on the international perspective, the present volume as well as an accompanying book in Polish are the results of the international cooperation of over 30 experts from both member states and observer states of the Council of Europe. The monograph is structured “from the general to the detail” and includes a comprehensive view as well: from the issues of philosophy and sociology of law, to human rights standards of national constitutions and international agreements, to principles of ordre public of forum and their protection with measures of private, public, and penal law. This allows readers, including legislators and judges, the better understanding of the fundamental legal problems that surrogate motherhood brings, both in states where law creates them in a narrower or wider extent, and in other countries of the world, to which these problems can be imported with the movement of people and with de lege lata and de lege ferenda postulates.

Download or read book The Limits of Law written by Austin Sarat and published by Stanford University Press. This book was released on 2005 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together well-established scholars to examine the limits of law, a topic that has been of broad interest since the events of 9/11 and the responses of U.S. law and policy to those events. The limiting conditions explored in this volume include marking law’s relationship to acts of terror, states of emergency, gestures of surrender, payments of reparations, offers of amnesty, and invocations of retroactivity. These essays explore how law is challenged, frayed, and constituted out of contact with conditions that lie at the farthest reaches of its empirical and normative force.

Download or read book The Limits of Autobiography written by Leigh Gilmore and published by Cornell University Press. This book was released on 2023-07-15 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Limits of Autobiography, Leigh Gilmore analyzes texts that depict trauma by combining elements of autobiography, fiction, biography, history, and theory in ways that challenge the constraints of autobiography. Astute and compelling readings of works by Michel Foucault, Louis Althusser, Dorothy Allison, Mikal Gilmore, Jamaica Kincaid, and Jeanette Winterson explore how each poses the questions "How have I lived?" and "How will I live?" in relation to the social and psychic forms within which trauma emerges. First published in 2001, this new edition of one of the foundational texts in trauma studies includes a new preface by the author that assesses the gravitational pull between life writing and trauma in the twenty-first century, a tension that continues to produce innovative and artful means of confronting kinship, violence, and self-representation.