Download or read book The Unruly Notion of Abuse of Rights written by Jan Paulsson and published by Cambridge University Press. This book was released on 2020-08-06 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenges the claim to elevate the theory of abuse of rights to the status of a general principle of law.
Download or read book Property and Practical Reason written by Adam J. MacLeod and published by Cambridge University Press. This book was released on 2015-04-30 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a moral argument, grounded in natural law, for private property and the limits of rights.
Download or read book Abuse of Procedural Rights Comparative Standards of Procedural written by International Association of Procedural Law and published by Kluwer Law International B.V.. This book was released on 1999-11-25 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a very meaningful way, the health of a judicial system may be judged by the care with which its procedural rights are observed. Now, in a book that takes stock of this important element as it is currently used or abused in a number of the world's legal systems, eighteen outstanding scholars approach the subject through an analysis of the following factors: the theoretical and moral implications of procedural abuses the subjects who commit them the typologies of abusive practices the consequences of abusive practices Several authors report on practices in their own countries, revealing distinct evidence of a significant degree of lowered procedural standards in the United States, several European countries, Australia, Japan, and Latin America. General and final reports provide a comparative framework for an analytical study that will repay the study of anyone concerned with the fairness of our legal institutions.
Download or read book Domestic Abuse and Human Rights written by Shazia Choudhry and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Domestic Abuse and Human Rights presents an overview of the relevance of the European Convention on Human Rights to domestic abuse. It has three aims: first, to consider the relevant case law and application of the key articles to questions around domestic abuse; second, to consider at a theoretical level the balancing between protection and autonomy at the heart of the legal response to domestic abuse; third, to propose practical application of a human rights approach to issues around domestic abuse, with particular emphasis placed on the significance of the Istanbul Convention on Preventing and Combatting Violence against Women. The relevance of the key Articles of the European Convention on Human Rights is explained. The book will include material on the definition of domestic abuse, elder abuse, parental abuse, and the impact of abuse on children. It seeks to bring out the themes which connect these issues as well as the ways in which they raise distinct questions.
Download or read book Inalienable Rights Versus Abuse written by R. Q. Public and published by iUniverse. This book was released on 2017-03-20 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: The theme of this book is simple. Everyone is created equal and is born with the rights to live freely and healthfully, to pursue happiness, and to access the common good. Everyone deserves the opportunities to experience these rights. To abuse (mistreat, deceive, violently injure) other people is to violate those rights. No person deserves to be abused. I spent four years formulating plans for and researching the necessity and practicality of integrating this idea into American public policy. Inalienable Rights versus Abuse is the product of that effort. Inalienable Rights versus Abuse exposes the darker side of America in which dwell the bullies, the deceivers, the indifferent hurters, the rights violators. Abusers come in all colors, genders, socio-economic levels, geographic locations, group affiliations, and so forth. This book explains how extensive abuse is in America, why it is a problem, how to recognize abusers, and what the reader can do about them. This book is for those who care enough to improve life in America for everyone. Americans are divided over a number of issues. On one side are those who believe all American citizens deserve opportunities to experience their individual inalienable rights. On the other side are those who support the deprivation of rights opportunities for millions of us. Inalienable Rights versus Abuse explains on which side each of is in relation to a variety of national concerns.
Download or read book Prohibition of Abuse of Law written by Rita de la Feria and published by Bloomsbury Publishing. This book was released on 2011-06-09 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Court of Justice has been alluding to 'abuse and abusive practices' for more than thirty years, but for a long time the significance of these references has been unclear. Few lawyers examined the case law, and those who did doubted whether it had led to the development of a legal principle. Within the last few years there has been a radical change of attitude, largely due to the development by the Court of an abuse test and its application within the field of taxation. In this book, academics and practitioners from all over Europe discuss the development of the Court's approach to abuse of law across the whole spectrum of European Union law, analysing the case-law from the 1970s to the present day and exploring the consequences of the introduction of the newly designated 'principle of prohibition of abuse of law' for the development of the laws of the EU and those of the Member States.
Download or read book Child Abuse Family Rights and the Child Protective System written by Stephen M. Krason and published by Rowman & Littlefield. This book was released on 2013-07-05 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: The child protective system (CPS), shaped by federal law forty years ago and run on the state and county levels in the United States, offered in utopian fashion the hope of preventing all possible child abuse or neglect. In response, legislators enacted a spate of vague laws that poorly defined such categories as “abuse” and “neglect,” and granted the CPS sweeping powers to intrude into families, often on the basis of nothing more than anonymous complaints about standard childrearing practices. This arrangement, which followed from the questionable assertion of the existence of a crisis of child abuse and neglect, became the basis in theory for the universal monitoring of American families that has resulted in the sharp curtailing of parental rights and responsibilities. With overreaching by local and state governments into family affairs, the current CPS has not only damaged untold numbers of families but also undercut the legitimacy of parental authority through the continuous threat to parents of child removal. In Child Abuse, Family Rights, and the Child Protective System: A Critical Analysis from Law, Ethics, and Catholic Social Teaching, Stephen M. Krason gathers essays by leading scholars and practitioners to comment through the prism of Catholic social thought, on the plight afflicting American families and the role of the child protective system. Here readers will find critical essays on the deleterious effect of the 1974 passage of the Child Abuse Prevention and Treatment Act; assessments of current American policies on child abuse and neglect and the role of the CPS within the context of prevailing international human rights principles and Catholic social teaching; a survey of the enforcement of CPS policies from a legal and constitutional perspective; research data disputing the CPS principle that all parents are potential abusers and illustrating the greater prevalence of abuse and neglect in broken, “blended,” and “untraditional” families; and arguments for poverty and unemployment as the prime culprits in the mistreatment of children. Also included are the amicus curiae briefs that the Society of Catholic Social Scientists submitted in two U.S. Supreme Court cases on parental rights, the CPS, and state control over the family. Child Abuse, Family Rights, and the Child Protective System should appeal to a variety of professionals as well as scholars, from family court attorneys, social workers, family counselors, and clergy to researchers in the fields of social work, law, family studies, American politics, sociology, human services, counseling and psychology, and education, as well as public officials.
Download or read book Private Property and Abuse of Rights in Victorian England written by Michael Taggart and published by Oxford University Press, USA. This book was released on 2002 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The case of the Borough of Bradford v Pickles was the first to establish the principle that it is not unlawful for a property owner to exercise his or her property rights maliciously and to the detriment of others or the public interest. This book explores why the common law developed in this way.
Download or read book The DeShaney Case written by Lynne Curry and published by . This book was released on 2007 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Joshua's story -- Child protection in the nineteenth and twentieth centuries -- The crime of child abuse -- DeShaney v. Winnebago County in the lower courts -- DeShaney v. Winnebago County in the U.S. Supreme Court -- "Poor Joshua!" DeShaney v. Winnebago County in the court of public opinion
Download or read book Making an Issue of Child Abuse written by Barbara J. Nelson and published by University of Chicago Press. This book was released on 1984 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: A history of the social agenda of child abuse and policy set by society, government, and other agencies.
Download or read book Contesting Elder Abuse and Neglect written by Joan R. Harbison and published by UBC Press. This book was released on 2016-12-23 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: The mistreatment of older people is categorized in many societies as “elder abuse and neglect,” yet the concept has not been subjected to rigorous critical inquiry. Instead, it has most often represented the interests of professionals, academics, and governments, while policy makers and researchers frequently overlook or disregard the complexity of issues that fall under this designation. Contesting Elder Abuse and Neglect questions existing understandings about the mistreatment of older people. It explores how and why the designation “elder abuse and neglect” came to be and shows how this term masks problems concerning the mistreatment of older people, their place in society, and how they see themselves. Joan R. Harbison and her colleagues expose how supposed solutions to the problem of abuse can take their toll on those people they were originally intended to protect. The book is an important contribution to the literature that encourages new thinking about issues concerning the mistreatment of older people.
Download or read book Monitoring State Compliance with the UN Convention on the Rights of the Child written by Ziba Vaghri and published by Springer Nature. This book was released on 2022-01-03 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book presents a discussion on human rights-based attributes for each article pertinent to the substantive rights of children, as defined in the United Nations Convention on the Rights of the Child (UNCRC). It provides the reader with a unique and clear overview of the scope and core content of the articles, together with an analysis of the latest jurisprudence of the UN Committee on the Rights of the Child. For each article of the UNCRC, the authors explore the nature and scope of corresponding State obligations, and identify the main features that need to be taken into consideration when assessing a State’s progressive implementation of the UNCRC. This analysis considers which aspects of a given right are most important to track, in order to monitor States' implementation of any given right, and whether there is any resultant change in the lives of children. This approach transforms the narrative of legal international standards concerning a given right into a set of characteristics that ensure no aspect of said right is overlooked. The book develops a clear and comprehensive understanding of the UNCRC that can be used as an introduction to the rights and principles it contains, and to identify directions for future policy and strategy development in compliance with the UNCRC. As such, it offers an invaluable reference guide for researchers and students in the field of childhood and children’s rights studies, as well as a wide range of professionals and organisations concerned with the subject.
Download or read book Domestic Abuse Victims and the Law written by Mandy Burton and published by Taylor & Francis. This book was released on 2022-08-05 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: The gap between what the law and legal processes deliver for victims of domestic abuse and what they actually need has, in some instances, arguably widened. This book provides the reader with a thorough understanding of the remedies available to victims in the civil, family and criminal law. It contends that expectations of the legal remedies have increased as the number and scope of remedies has proliferated. It further examines how legal responses to domestic abuse have evolved over the past decade and explores how the victim’s rights narrative and associated litigation, which has become prevalent in legal discourse and criminal justice reforms, has shifted expectations and impacted domestic abuse policy and law. The book presents a valuable addition to the literature in drawing on a discourse familiar to those with an interest in human rights, demonstrating its impact on a substantive area of law of great significance to both family and criminal lawyers and anyone with an interest in domestic abuse and legal responses.
Download or read book Cynical International Law written by Björnstjern Baade and published by Springer. This book was released on 2021-11-30 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysing international law through the prism of “cynicism” makes it possible to look beyond overt disregard for international law, currently discussed in terms of a backlash or crisis. The concept allows to analyse and criticise structural features and specific uses of international law that seem detrimental to international law in a more subtle way. Unlike its ancient predecessor, cynicism nowadays refers not to a bold critique of power but to uses and abuses of international law that pursue one-sided interests tacitly disregarding the legal structure applied. From this point of view, the contributions critically reflect on the theoretical foundations of international law, in particular its relationship to power, actors such as the International Law Commission and international judges, and specific fields, including international human rights, humanitarian, criminal, tax and investment law.
Download or read book Voyages of Abuse written by A. D. Couper and published by Pluto Press (UK). This book was released on 1999 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Voyages of Abuse is a most useful and much needed addition to the ocean literature ... The book is extremely well written and painstakingly documented ... The detailed case histories will shake some consciences.' Elisabeth Mann Borgese, Founder and Honorary Chair for Life, International Ocean Institute, Malta'This book is a fine contribution to the ongoing debate about global governance in shipping and will doubtless help in persuading those who remain opposed to the notion that with flag state rights come flag state responsibilities.' David Cockroft, ITF General Secretary'Professor Couper is well known in maritime circles for his passion and commitment for the welfare of the men and women of the sea. This book is a valuable addition to the cause of seafarers and their human rights. I warmly recommend it to all those who have the wellbeing of the shipping industry at heart.' Rev Jacques Harel, General Secretary, International Christian Maritime AssociationVoyages of Abuse details the deplorable conditions that exist in a minority sector of international shipping operating mainly, although not exclusively, under flags of convenience. In a horrific account of human rights abuses that would be little tolerated in the countries of the shipowners, the authors demonstrate that governments often pay little attention to cases of robbery, abandonment, deprivation and even death perpetrated by these shipowners or on vessels bearing their national flag. The financial and shipping institutions that support substandard shipowners are also prepared to ignore the plight of the individual seafarer serving on the ships under their tenure.The authors draw on case studies to illustrate the issues, including a perspective on Adriatic Tanker Company of Greece and examples of incompetent management and the reckless finance provisions in merchant shipping. The authors also examine the plight of seafarers' families, who are particularly vulnerable, and the legal rights of abused and abandoned seafarers. They conclude by arguing for a global governance of shipping.
Download or read book Animalscam written by Kathleen Marquardt and published by Regnery Publishing. This book was released on 1993-11-01 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book to reveal the abuses of animal rights activists reveals terrorist tactics and deception on the part of those involved in the fight for "animal rights."
Download or read book Know Your Rights and Claim Them written by Amnesty International and published by Zest Books ™. This book was released on 2021-09-17 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is a guide for every young person who believes in a better world for all"—Malala Yousafzai Adults are aware of their universal human rights of freedom and equality, but children often are ignorant of the rights they possess before reaching the age of majority. Enter Know Your Rights and Claim Them, written in partnership with Amnesty International, Angelina Jolie, and Geraldine Van Bueren. Know Your Rights and Claim Them details the rights promised in the United Nations Convention on the Rights of the Child, starting with the history of child rights, and providing a clear description of the types of child rights, the young activists from around the world who fought to defend them, and how readers can stand up for their own rights. "This is the perfect book for young people who care about the world and want to make a difference"—Greta Thunberg
