Download or read book Indigenous Legal Traditions written by Law Commission of Canada and published by UBC Press. This book was released on 2008 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.
Download or read book Amartya Sen and Law written by Carrie Menkel-Meadow and published by Routledge. This book was released on 2019-10-08 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume introduces and collects some of the leading articles on noted economist and philosopher Amartya Sen's contributions to law and jurisprudence. While Sen has not contributed explicitly to the discipline of law, his scholarship has inspired significant investigations of core jurisprudential subjects. With the publication of The Idea of Justice in 2009, Sen has contributed many notable ideas to important concepts of jurisprudence, challenging notions of universalism and institutionalism in jurisprudential concepts, and contributing his own ideas on justice and equality. He offers fresh insights on the content of democracy and enumerates what good decision making in different contexts might entail. He has written importantly on issues of identity and cosmopolitanism, demonstrating the complexity of modern ideas of diversity, fairness and most importantly, sensitivity to context in assessing policies and governmental strategies. This curated collection of essays seeks to explore what other scholars have made of Sen's contributions to law and jurisprudence and the achievement of justice at both local and global levels. It includes an introductory essay that provides an overview of Sen's corpus of work and sorts, defines and explains the issues that are explored more fully in the 14 essays that follow. Those essays engage with different aspect of Sen's work, addressing his influence on political theory; jurisprudence; law with applications to constitutional theory and adjudication; deliberative democracy; political participation and decision making; human rights; labour law; law and development; gender justice; economic and political development and measurements; and assessment and theories of individual, collective and global justice.
Download or read book The Art of Science in the Canadian Justice System written by David Milward and published by CRC Press. This book was released on 2017-04-07 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part autobiography, part thought piece, part references, the book takes an insightful look at the experience and cases of renowned paediatrician and forensic expert witness Dr. Charles Ferguson. The book presents the interaction of science and law as it applies, specifically, the Canadian courts, but the justice process as a whole. Dr. Ferguson’s experience—from a scientist and medical professional’s perspective—in dealing with lawyers, judges, and the process of testifying in numerous court—offers a unique glimpse into how the two worlds of science and law don’t always mesh. In some cases the evidence is compelling and definitive. In others, far from it. Ultimately, the book presents the important role of the forensic expert and expert witness as a vital and deciding factor as the courtroom proceedings play out. The cases presented in the book—cases Dr. Ferguson was personally involved with—are interesting, the conclusions and results arrived at by Dr. Ferguson are well thought out and backed by his scientific expertise. The results and conclusions arrived at by the courts is often expected, sometimes surprising—in specific cases even controversial. Throughout all, Dr. Ferguson casts an independent, and sometimes critical, eye on the process presenting a compelling argument and heartfelt recommendation for science, objectivity, and justice to be served based on truth—truth insofar as the "facts" of the cases presented through evidence and the testimony provided within the judicial process. A fascinating read for university students, experts and witnesses, lawyers and judges, and anyone involved in the forensic process in the trying of criminal and civil cases.
Download or read book Aboriginal Justice and the Charter written by David Milward and published by UBC Press. This book was released on 2012-11-16 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aboriginal Justice and the Charter examines and seeks to resolve the tension between Aboriginal approaches to justice and the Canadian Charter of Rights and Freedoms. Until now, scholars have explored idealized notions of what Aboriginal justice might look like. David Milward strikes out into new territory by asking why Aboriginal communities seek reform and by identifying some of the constitutional barriers in their path. He identifies specific areas of the criminal justice process in which Aboriginal communities may wish to adopt different approaches, tests these approaches against constitutional imperatives, and offers practical proposals for reconciling the various matters at stake. This bold exploration of Aboriginal justice grapples with the difficult question of how Aboriginal justice systems can be fair to their constituents but still comply with the protections guaranteed to all Canadians by the Charter.
Download or read book The Grand Experiment written by Hamar Foster and published by UBC Press. This book was released on 2009-07-01 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this volume reflect the exciting new directions in which legal history in the settler colonies of the British Empire has developed. The contributors show how local life and culture in selected settlements influenced, and was influenced by, the ideology of the rule of law that accompanied the British colonial project. Exploring themes of legal translation, local understandings, judicial biography, and "law at the boundaries," they examine the legal cultures of dominions in Canada, Australia, and New Zealand to provide a contextual and comparative account of the "incomplete implementation of the British constitution" in these colonies.
Download or read book Canada s Indigenous Constitution written by John Borrows and published by University of Toronto Press. This book was released on 2010-01-01 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: With characteristic richness and eloquence, John Borrows explores legal traditions, the role of governments and courts, and the prospect of a multi-juridical legal culture, all with a view to understanding and improving legal processes in Canada. He discusses the place of individuals, families, and communities in recovering and extending the role of Indigenous law within both Indigenous communities and Canadian society more broadly."--Pub. desc.
Download or read book Landscapes of Injustice written by Jordan Stanger-Ross and published by McGill-Queen's Press - MQUP. This book was released on 2020-08-20 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1942, the Canadian government forced more than 21,000 Japanese Canadians from their homes in British Columbia. They were told to bring only one suitcase each and officials vowed to protect the rest. Instead, Japanese Canadians were dispossessed, all their belongings either stolen or sold. The definitive statement of a major national research partnership, Landscapes of Injustice reinterprets the internment of Japanese Canadians by focusing on the deliberate and permanent destruction of home through the act of dispossession. All forms of property were taken. Families lost heirlooms and everyday possessions. They lost decades of investment and labour. They lost opportunities, neighbourhoods, and communities; they lost retirements, livelihoods, and educations. When Japanese Canadians were finally released from internment in 1949, they had no homes to return to. Asking why and how these events came to pass and charting Japanese Canadians' diverse responses, this book details the implications and legacies of injustice perpetrated under the cover of national security. In Landscapes of Injustice the diverse descendants of dispossession work together to understand what happened. They find that dispossession is not a chapter that closes or a period that neatly ends. It leaves enduring legacies of benefit and harm, shame and silence, and resilience and activism.
Download or read book A Dictionary of Law written by Jonathan Law and published by Oxford University Press, USA. This book was released on 2015 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written in a clear and jargon-free style, this dictionary is useful to anyone without a legal qualification who comes into contact with the law in the United Kingdom or any Commonwealth country where the legal system is founded on English law.
Download or read book Canadian Telecommunications Law written by Robert G. Howell and published by Essentials of Canadian Law. This book was released on 2011 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by one of Canada's leading specialists in telecommunications law, this book will appeal not only to practitioners and students of telecommunications law but to industry professionals seeking a broader understanding of the legal environment in which they work and the legal parameters of digitization.
Download or read book Drawing Out Law written by John Borrows and published by University of Toronto Press. This book was released on 2010-01-01 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shedding light on Canadian law and policy as they relate to Indigenous peoples, Drawing Out Law illustrates past and present moral agency of Indigenous peoples and their approaches to the law and calls for the renewal of ancient Ojibway teaching in contemporary circumstances.
Download or read book Nothing Less Than Great written by Harvey P. Weingarten and published by . This book was released on 2021 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Canada's public higher education system is in trouble. The economic and social benefits of the Canadian university system are widely seen as a public good, which begs a pressing question: Why should we aspire to anything less than a great system? For that to happen, everything about the way universities currently operate, from the boardroom to the classroom, must change--but this kind of operational and public policy transformation will not be easy. Nothing Less than Great provides an expert analysis of the current state and challenges of Canada's university system, looking for positive change by reclaiming what a university is meant to offer for society and for citizens. Harvey P. Weingarten begins with the fundamental question that all students must ask about higher education: Is it worth going to university? From there, he stresses the need for transparency about what universities do and what they accomplish, addresses the importance of modernizing curriculum to emphasize skills over content, and provides recommendations for reform. Exploring how universities might--and should--change to reclaim their central purpose for Canadians, Nothing Less than Great will be of interest to anyone who cares about the future of our country and the important role universities play in determining that future."--
Download or read book The Public Private Nature of Charity Law written by Kathryn Chan and published by Bloomsbury Publishing. This book was released on 2016-11-17 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is charity law a 'private law' or a 'public law' subject? This book maps charity law's relationship to the public law-private law divide, arguing that charity law is best understood as a hybrid (public-private) legal tradition that is constantly seeking to maintain an equilibrium between the protection of the autonomy of property-owning individuals to direct and control their wealth, and the furtherance of competing public visions of the good. Of interest to scholars and charity lawyers alike, The Public-Private Nature of Charity Law applies its unique lens both to traditional topics such as the public benefit rule and charity law's rules of standing, and to more contemporary issues such as the co-optation of charitable resources by threatened welfare states and the emergence of social enterprise. 'This book should be read by all who are interested in the respective domains of public and private law. Kathryn Chan brings new light to the divide and reveals the way in which both public and private law inform charity law. The book is subtle, original and rigorous, with an excellent grasp of primary and secondary material.' - Paul Craig, Professor of English Law at the University of Oxford and a Fellow of St John's College 'An original and thought-provoking book which takes the somewhat unruly law of charities and, with great insight and clarity, helps it to find its place on the legal map.' - Mary Synge, Associate Professor in Law at the University of Exeter 'Kathryn Chan's impressive monograph breaks new ground in its analytical approach towards charity in the modern world. Her careful study helps us to understand how charitable enterprises partake of the values and concerns of both public and private law, and to evaluate the strength and weaknesses of different approaches to the governance of charitable enterprises.' - Lionel Smith, Sir William C Macdonald Professor of Law, McGill University
Download or read book Claire L Heureux Dub written by Constance Backhouse and published by UBC Press. This book was released on 2017-10-06 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: Both lionized and vilified, Claire L’Heureux-Dubé has shaped the Canadian legal landscape – and in particular its highest court. The second woman appointed to the Supreme Court of Canada, and the first from Quebec, she was known as “the great dissenter” on the bench, making judgments that were applauded and criticized in turn. L’Heureux-Dubé’s innovative legal approach was anchored in the social, economic, and political context of her cases. Constance Backhouse employs a similar tactic. Rather than focusing exclusively on her high-profile cases and jurisprudential legacy, sheexplores the socio-political and cultural setting in which L’Heureux-Dubé’s career unfolded, while also considering her personal life. This compelling biography covers aspects of legal history that have never been so fully investigated, enhancing our understanding of the judiciary, the creation of law, the distinctive socio-legal environment of Quebec, the experiences of women in the legal profession, and the inner workings of the top court.
Download or read book Covid 19 in Asia written by Victor V. Ramraj and published by Oxford University Press, USA. This book was released on 2021 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book for an extraordinary time, about a pandemic for which there is no modern precedent. It is an edited collection of original essays on Asia's legal and policy responses to the Covid-19 pandemic, which, in a matter of months, swept around the globe, infecting millions. It transformed daily life in almost every corner of the planet: lockdowns of cities and entire countries, physical distancing and quarantines, travel restrictions and border controls, movement-tracking technology, mandatory closures of all but essential services, economic devastation and mass unemployment, and government assistance programs on record-breaking scales. Yet a pandemic on this scale, under contemporary conditions of globalization, has left governments and their advisors scrambling to improvise solutions, often themselves unprecedented in modern times, such as the initial lockdown of Wuhan. This collection of essays analyzes law and policy responses across Asia, identifying cross-cutting themes and challenges. It taps the collective knowledge of an interdisciplinary team of sixty-one researchers both in the service of policy development, and with the goal of establishing a scholarly baseline for research after the storm has passed. The collection begins with an epidemiological overview and survey of the law and policy themes. The jurisdiction-specific case studies and cross-cutting thematic essays cover five topics: first wave containment measures; emergency powers; technology, science, and expertise; politics, religion, and governance; and economy, climate, and sustainability. Chapter 20: Cambodia: Public Health, Economic, and Political Dimensions by Ratana Ly, Vandanet Hing, & Kimsan Soy is available for free.
Download or read book Narratives of Memory Migration and Xenophobia in the European Union and Canada written by Ildikó Barna and published by . This book was released on 2019-11 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Narratives of Memory, Migration, and Xenophobia in the European Union and Canada explores the role of memory and narratives of the past political tools and opportunities for cultural reconciliation. This is an edited volume that compiles the proceedings of an interdisciplinary conference and graduate field school that took place in the summer of 2017. The conference and field school brought together emerging and established scholars, students, musicians, composers from three different European nations (France, Hungary, and Germany) studying the European migrant crisis and Canadian students engaged in understanding Canadian history and experience with genocide, colonialism, and systemic violence and oppression of indigenous peoples. Deploying a comparative focus by drawing on the recent Canadian experiences around the Truth and Reconciliation Commission as well as Canadian understandings of multiculturalism, integration, and identity, this volume aims to offer a unique lens with which to view narratives of memory and their relationship to present-day decision-making processes.
Download or read book Making Native Space written by Cole Harris and published by UBC Press. This book was released on 2011-11-01 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: This elegantly written and insightful book provides a geographical history of the Indian reserve in British Columbia. Cole Harris analyzes the impact of reserves on Native lives and livelihoods and considers how, in light of this, the Native land question might begin to be resolved. The account begins in the early nineteenth-century British Empire and then follows Native land policy – and Native resistance to it – in British Columbia from the Douglas treaties in the early 1850s to the formal transfer of reserves to the Dominion in 1938.
Download or read book Law s Indigenous Ethics written by John Borrows and published by University of Toronto Press. This book was released on 2019-05-06 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law’s Indigenous Ethics examines the revitalization of Indigenous peoples’ relationship to their own laws and, in so doing, attempts to enrich Canadian constitutional law more generally. Organized around the seven Anishinaabe grandmother and grandfather teachings of love, truth, bravery, humility, wisdom, honesty, and respect, this book explores ethics in relation to Aboriginal issues including title, treaties, legal education, and residential schools. With characteristic depth and sensitivity, John Borrows brings insights drawn from philosophy, law, and political science to bear on some of the most pressing issues that arise in contemplating the interaction between Canadian state law and Indigenous legal traditions. In the course of a wide-ranging but accessible inquiry, he discusses such topics as Indigenous agency, self-determination, legal pluralism, and power. In its use of Anishinaabe stories and methodologies drawn from the emerging field of Indigenous studies, Law’s Indigenous Ethics makes a significant contribution to scholarly debate and is an essential resource for readers seeking a deeper understanding of Indigenous rights, societies, and cultures.
