The law is (not) for kids Lecic, Ned; Zuker, Marvin A
The law is (not) for kids,
2019, 2024, 2019, 2019-03-31
eBook
"In this practical guide to the law for Canada's young people, Ned Lecic and Marvin Zuker provide an all-encompassing manual meant to empower and educate children and youth. The authors address ...questions about how rights and laws affect the lives of young people at home, at school, at work, and in their relationships and draw attention to the many ways in which a person's life can intersect with the law. Deliberately refraining from moralizing, the authors instead advocate for children and their rights and provide examples of how young people can get them enforced. In addition to being critical information for youth about citizenship, The Law is (Not) for Kids is a valuable resource for teachers, counsellors, lawyers, and all those who support youth in their encounters with the law."--
The liberal legal ideal of protection of the individual against administrative detention without trial is embodied in the habeas corpus tradition. However, the use of detention to control immigration ...has gone from a wartime exception to normal practice, thus calling into question modern states' adherence to the rule of law. Daniel Wilsher traces how modern states have come to use long-term detention of immigrants without judicial control. He examines the wider emerging international human rights challenge presented by detention based upon protecting 'national sovereignty' in an age of global migration. He explores the vulnerable political status of immigrants and shows how attempts to close liberal societies can create 'unwanted persons' who are denied fundamental rights. To conclude, he proposes a set of standards to ensure that efforts to control migration, including the use of detention, conform to principles of law and uphold basic rights regardless of immigration status.
"Baby safe haven" laws, which allow a parent to relinquish a newborn baby legally and anonymously at a specified institutional location-such as a hospital or fire station-were established in every ...state between 1999 and 2009. Promoted during a time of heated public debate over policies on abortion, sex education, teen pregnancy, adoption, welfare, immigrant reproduction, and child abuse, safe haven laws were passed by the majority of states with little contest. These laws were thought to offer a solution to the consequences of unwanted pregnancies: mothers would no longer be burdened with children they could not care for, and newborn babies would no longer be abandoned in dumpsters.
Yet while these laws are well meaning, they ignore the real problem: some women lack key social and economic supports that mothers need to raise children. Safe haven laws do little to help disadvantaged women. Instead, advocates of safe haven laws target teenagers, women of color, and poor women with safe haven information and see relinquishing custody of their newborns as an act of maternal love. Disadvantaged women are preemptively judged as "bad" mothers whose babies would be better off without them.
Laury Oaks argues that the labeling of certain kinds of women as potential "bad" mothers who should consider anonymously giving up their newborns for adoption into a "loving" home should best be understood as an issue of reproductive justice. Safe haven discourses promote narrow images of who deserves to be a mother and reflect restrictive views on how we should treat women experiencing unwanted pregnancy.
During more than a century of colonial rule over Algeria, the French state shaped and reshaped the meaning and practice of Muslim law by regulating it and circumscribing it to the domain of family ...law, while applying the French Civil Code to appropriate the property of Algerians. In Sex, Law, and Sovereignty in French Algeria, 1830–1930, Judith Surkis traces how colonial authorities constructed Muslim legal difference and used it to deny Algerian Muslims full citizenship. In disconnecting Muslim law from property rights, French officials increasingly attached it to the bodies, beliefs, and personhood. Surkis argues that powerful affective attachments to the intimate life of the family and fantasies about Algerian women and the sexual prerogatives of Muslim men, supposedly codified in the practices of polygamy and child marriage, shaped French theories and regulatory practices of Muslim law in fundamental and lasting ways. Women's legal status in particular came to represent the dense relationship between sex and sovereignty in the colony. This book also highlights the ways in which Algerians interacted with and responded to colonial law. Ultimately, this sweeping legal genealogy of French Algeria elucidates how "the Muslim question" in France became—and remains—a question of sex.
Drawing on Indigenous peoples' struggles against settler colonialism, Theft Is Property! reconstructs the concept of dispossession as a means of explaining how shifting configurations of law, ...property, race, and rights have functioned as modes of governance, both historically and in the present. Through close analysis of arguments by Indigenous scholars and activists from the nineteenth century to the present, Robert Nichols argues that dispossession has come to name a unique recursive process whereby systematic theft is the mechanism by which property relations are generated. In so doing, Nichols also brings long-standing debates in anarchist, Black radical, feminist, Marxist, and postcolonial thought into direct conversation with the frequently overlooked intellectual contributions of Indigenous peoples.
No Right to Be Idle Rose, Sarah F
2017, 2017-02-13, 2017-09-21, 2017-04-03
eBook
During the late nineteenth and early twentieth centuries, Americans with all sorts of disabilities came to be labeled as "unproductive citizens." Before that, disabled people had contributed as they ...were able in homes, on farms, and in the wage labor market, reflecting the fact that Americans had long viewed productivity as a spectrum that varied by age, gender, and ability. But as Sarah F. Rose explains in No Right to Be Idle, a perfect storm of public policies, shifting family structures, and economic changes effectively barred workers with disabilities from mainstream workplaces and simultaneously cast disabled people as morally questionable dependents in need of permanent rehabilitation to achieve "self-care" and "self-support." By tracing the experiences of policymakers, employers, reformers, and disabled people caught up in this epochal transition, Rose masterfully integrates disability history and labor history. She shows how people with disabilities lost access to paid work and the status of "worker--a shift that relegated them and their families to poverty and second-class economic and social citizenship. This has vast consequences for debates about disability, work, poverty, and welfare in the century to come.
This edited collection tells the story behind a ground-breaking Welsh law which reinforces the human rights of children and young people in Welsh devolved government, examines the impact of this law ...in selected policy areas and shows why the Welsh approach is attracting worldwide interest.
Between 1955 and 1956 the Government of India passed four Hindu Law Acts to reform and codify Hindu family law. Scholars have understood these acts as a response to growing concern about women's ...rights but, in a powerful re-reading of their history, this book traces the origins of the Hindu law reform project to changes in the political-economy of late colonial rule. The Hindu Family and the Emergence of Modern India considers how questions regarding family structure, property rights and gender relations contributed to the development of representative politics, and how, in solving these questions, India's secular and state power structures were consequently drawn into a complex and unique relationship with Hindu law. In this comprehensive and illuminating resource for scholars and students, Newbigin demonstrates the significance of gender and economy to the history of twentieth-century democratic government, as it emerged in India and beyond.
The 1951 Convention relating to the Status of Refugees, and its 1967 Protocol, and many other important international instruments recognize the unique role the UNHCR plays in protecting refugees and ...supervising international refugee law. This in-depth analysis of the UNHCR's supervisory role in the international refugee protection regime examines the part played by key institutions, organizations and actors in the supervision of international refugee law. It provides suggestions and recommendations on how the UNHCR's supervisory role can be strengthened to ensure greater State Parties' compliance to their obligations under these international refugee rights treaties, and contributes to enhancing the international protection of refugees and to the promotion of a democratic global governance of the international refugee protection regime.
Most democratic theorists have taken Western political traditions as their primary point of reference, although the growing field of comparative political theory has shifted this focus. In ...Decolonizing Democracy, comparative theorist Christine Keating interprets the formation of Indian democracy as a progressive example of a “postcolonial social contract.” In doing so, she highlights the significance of reconfigurations of democracy in postcolonial polities like India and sheds new light on the social contract, a central concept within democratic theory from Locke to Rawls and beyond. Keating’s analysis builds on the literature developed by feminists like Carole Pateman and critical race theorists like Charles Mills that examines the social contract’s egalitarian potential. By analyzing the ways in which the framers of the Indian constitution sought to address injustices of gender, race, religion, and caste, as well as present-day struggles over women’s legal and political status, Keating demonstrates that democracy’s social contract continues to be challenged and reworked in innovative and potentially more just ways.
