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Repeal the 8th

By Una Mullally
  • ISBN Code: : 1783525177
  • Publisher : Unbound Publishing
  • Pages : 217
  • Category : Social Science
  • Reads : 336
  • Book Compatibility : Pdf, ePub, Mobi, Kindle
  • Pdf : repeal-the-8th.pdf

Book Excerpt :

Abortion is illegal in almost every circumstance in Ireland, making it the only democracy in the western world to have such a constitutional ban. Between 1980 and 2015, at least 165,438 Irish women and girls accessed UK abortion services. In 2016, the figure was 3,265. Any woman or girl who procures an abortion, or anyone who assists a woman to procure an abortion in Ireland can be criminalised and imprisoned for up to fourteen years. A woman may not procure an abortion in Ireland if she is pregnant due to incest or rape, or to prevent inevitable miscarriage and fatal foetal abnormality. The movement to repeal the Eighth Amendment and make abortion legal in Ireland has grown massively over the last few years. This anthology shares the literature, personal stories, opinions, photography, art and design produced by the movement that catalysed 2018’s momentous referendum. Featuring prize-winning novelists, critically acclaimed poets, cutting-edge artists and journalists on the front line, this anthology will be the definitive collection of the art inspired by the most pressing debate in contemporary Ireland, and beyond. Contributors include: Lisa McInerney, Anne Enright, Louise O’Neill, Caitlin Moran, Tara Flynn, Aisling Bea, Sinead Gleeson, Emmet Kirwan.

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After Repeal

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  • Book Code : 1786997207
  • Total of Pages : 300
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  • Pdf File: after-repeal.pdf

Book Short Summary:

The referendum to overturn Ireland's near-total abortion ban in 2018 stands as one of the most remarkable political events of recent times. The campaign to repeal the 8th amendment succeeded not only in challenging centuries of religious and patriarchal dogma, but in signalling a major transformation in Irish society itself. After Repeal explores both the campaign and the implications of the referendum result for politics, identity and culture today. Bringing together a range of international perspectives, this collection transcends geographical and disciplinary boundaries while exploring themes including activism, artwork, social movements, law, media, democratic institutions, and reproductive technologies. This work looks beyond the Irish context and to the future, offering unique insight into the wider struggle for reproductive justice around the world.

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Book Short Summary:

Today's increasingly sophisticated psychological and neuropsychological assessments allow for a greater understanding, and improved evaluations, in forensic psychology. By integrating discussions of modern psychological and neuropsychological tests, with extant civil and criminal cases, Forensic Psychology and Neuropsychology for Criminal and Civil Cases, Second Edition serves as a fully-updated, professional resource outlining modern behavioral science’s impact on the legal system. This second edition synthesizes the theoretical, empirical, and clinical literature, examining it through the lens of case application. The book is divided into three parts to look at foundational legal, ethical and applied issues; criminal forensic evaluations; and civil forensic evaluations. Chapters new to this edition address substance abuse and intoxication, interviewing and interrogation, criminal profiling, faked amnesia and recall skills, post-concussive syndrome (PCS), post-traumatic stress disorder (PTSD), and trends and research directions. Clinicians, researchers and psychologists practicing in any number of related fields will be able to address relevant questions from both criminal-forensic and civil-forensic perspectives. Key features: Presents the latest advances in methodology and technology to assist forensic professional in assessment and case formulation in the search for ground truth in applied settings Outlines base rates for forensic areas of concern, especially helpful in evaluation, report writing and courtroom testimony as an expert witness Addresses complex criminal issues such as competency to stand trial, criminal responsibility, mitigating defenses, and violence risk Forensic Psychology and Neuropsychology for Criminal and Civil Cases, Second Edition is an invaluable resource to clinicians, experts witnesses, and legal professionals—a helpful adjunct for mental health experts to formulate sound direct and cross-examination strategies, and eliciting suggestions for forensically-related treatment and intervention.

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Book Short Summary:

Over 7,000 people have been legally executed in the United States this century, and over 3,000 men and women now sit on death rows across the country awaiting the same fate. Since the Supreme Court temporarily halted capital punishment in 1972, the death penalty has returned with a vengeance. Today there appears to be a widespread public consensus in favor of capital punishment and considerable political momentum to ensure that those sentenced to death are actually executed. Yet the death penalty remains troubling and controversial for many people. The Killing State: Capital Punishment in Law, Politics, and Culture explores what it means when the state kills and what it means for citizens to live in a killing state, helping us understand why America clings tenaciously to a punishment that has been abandoned by every other industrialized democracy. Edited by a leading figure in socio-legal studies, this book brings together the work of ten scholars, including recognized experts on the death penalty and noted scholars writing about it for the first time. Focused more on theory than on advocacy, these bracing essays open up new questions for scholars and citizens: What is the relationship of the death penalty to the maintenance of political sovereignty? In what ways does the death penalty resemble and enable other forms of law's violence? How is capital punishment portrayed in popular culture? How does capital punishment express the new politics of crime, organize positions in the "culture war," and affect the structure of American values? This book is a timely examination of a vitally important topic: the impact of state killing on our law, our politics, and our cultural life.

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Book Short Summary:

Are conflicts between the ‘old capitalists’ and ‘new money’ manifest in today’s economy? Are investment treaties, which have traditionally been used to protect capital exporting states, now beginning to cause unwelcome side effects for them? International investment law has long been held as an economic and political instrument in the regime of international investment, with international investment treaties having been concluded to protect foreign investment and investors for a substantial period of time. However, the emerging new economic powers from the Third World are causing this to change. Taking the unique perspective of environmental protection in host states against states’ obligations to protect and promote foreign investments under the existing international investment treaty practice and dispute settlement practices, this book examines this inescapable conflict. This is the first major work in this field to interpret investment treaty provisions by introducing environmental reflection. It offers proposals for rethinking and reshaping the current pro-investor international investment law through taking up broad environmental exceptions.

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  • Pdf File: the-maryland-state-constitution.pdf

Book Short Summary:

The Maryland State Constitution is the only comprehensive analysis of Maryland's constitution. Dan Friedman provides an outstanding historical account of the state's governing charter along with an in-depth, section-by-section analysis of the entire constitution, detailing the many signifigant changes that have been made since its initial drafting in 1867. In-depth commentary on the constitutional interpretation offers tremendous political and economic insight into each of the constitution's provisions. Previously published by Greenwood, this title has been brought back in to circulation by Oxford University Press with new verve. Re-printed with standardization of content organization in order to facilitate research across the series, this title, as with all titles in the series, is set to join the dynamic revision cycle of The Oxford Commentaries on the State Constitutions of the United States. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.

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  • Pdf File: the-story-of-cruel-and-unusual.pdf

Book Short Summary:

A searing indictment of the American penal system that finds the roots of the recent prisoner abuse at Abu Ghraib and Guantánamo in the steady dismantling of the Eighth Amendment's prohibition of "cruel and unusual" punishment. The revelations of prisoner abuse and torture at Abu Ghraib and more recently at Guantánamo were shocking to most Americans. And those who condemned the treatment of prisoners abroad have focused on U.S. military procedures and abuses of executive powers in the war on terror, or, more specifically, on the now-famous White House legal counsel memos on the acceptable limits of torture. But in The Story of Cruel and Unusual, Colin Dayan argues that anyone who has followed U.S. Supreme Court decisions regarding the Eighth Amendment prohibition of "cruel and unusual" punishment would recognize the prisoners' treatment at Abu Ghraib and Guantánamo as a natural extension of the language of our courts and practices in U.S. prisons. In fact, it was no coincidence that White House legal counsel referred to a series of Supreme Court decisions in the 1980s and 1990s in making its case for torture.Dayan traces the roots of "acceptable" torture to slave codes of the nineteenth century that deeply embedded the dehumanization of the incarcerated in our legal system. Although the Eighth Amendment was interpreted generously during the prisoners' rights movement of the late 1960s and 1970s, this period of judicial concern was an anomaly. Over the last thirty years, Supreme Court decisions have once again dismantled Eighth Amendment protections and rendered such words as "cruel" and "inhuman" meaningless when applied to conditions of confinement and treatment during detention. Prisoners' actual pain and suffering have been explained away in a rhetorical haze—with rationalizations, for example, that measure cruelty not by the pain or suffering inflicted, but by the intent of the person who inflicted it. The Story of Cruel and Unusual is a stunningly original work of legal scholarship, and a searing indictment of the U.S. penal system.

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Book Short Summary:

This book examines the idea of a fundamental entitlement to health and healthcare from a human rights perspective. The volume is based on a particular conceptual reasoning that balances critical thinking and pragmatism in the context of a universal right to health. Thus, the primary focus of the book is the relationship or contrast between rights-based discourse/jurisprudential arguments and real-life healthcare contexts. The work sets out the constraints that are imposed on a universal right to health by practical realities such as economic hardship in countries, lack of appropriate governance, and lack of support for the implementation of this right through appropriate resource allocation. It queries the degree to which the existence of this legally enshrined right and its application in instruments such as the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights (UDHR) can be more than an ephemeral aspiration but can, actually, sustain, promote, and instil good practice. It further asks if social reality and the inequalities that present themselves therein impede the implementation of laudable human rights, particularly within marginalised communities and cadres of people. It deliberates on what states and global bodies do, or could do, in practical terms to ensure that such rights are moved beyond the aspirational and become attainable and implementable. Divided into three parts, the first analyses the notion of a universal inalienable right to health(care) from jurisprudential, anthropological, legal, and ethical perspectives. The second part considers the translation of international human rights norms into specific jurisdictional healthcare contexts. With a global perspective it includes countries with very different legal, economic, and social contexts. Finally, the third part summarises the lessons learnt and provides a pathway for future action. The book will be an invaluable resource for students, academics, and policymakers working in the areas of health law and policy, and international human rights law.

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Prisoners' Self-Help Litigation Manual, in its much-anticipated fourth edition, is an indispensable guide for prisoners and prisoner advocates seeking to understand the rights guaranteed to prisoners by law and how to protect those rights. Clear, comprehensive, practical advice provides prisoners with everything they need to know on conditions of confinement, civil liberties in prison, procedural due process, the legal system, how to litigate, conducting effective legal research, and writing legal documents. Written by two legal and penitentiary experts with intimate knowledge of prisoner's rights and legal aid work, authors John Boston and Daniel E. Manville strategically focus on federal constitutional law, providing prisoners and those wishing to assist them with the most important information concerning legal rights. Over the past decade, prison law and conditions have changed significantly. This new edition is updated to include the most relevant prisoners' rights topics and approaches to litigation. Updates include all aspects of prison life as well as material on legal research, legal writing, types of legal remedies, and how to effectively use those remedies. Certainly the most authoritative, well-organized and relevant prisoner's rights manual available - - the eagerly awaited fourth edition should be purchased by everyone interested in civil rights for the incarcerated.

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Book Short Summary:

Can constitutional amendments be unconstitutional? The problem of 'unconstitutional constitutional amendments' has become one of the most widely debated issues in comparative constitutional theory, constitutional design, and constitutional adjudication. This book describes and analyses the increasing tendency in global constitutionalism to substantively limit formal changes to constitutions. The challenges of constitutional unamendability to constitutional theory become even more complex when constitutional courts enforce such limitations through substantive judicial review of amendments, often resulting in the declaration that these constitutional amendments are 'unconstitutional'. Combining historical comparisons, constitutional theory, and a wide comparative study, Yaniv Roznai sets out to explain what the nature of amendment power is, what its limitations are, and what the role of constitutional courts is and should be when enforcing limitations on constitutional amendments.


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Read and download full book THE ABORTION AGENDA

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  • Pdf File: patriots-handbook.pdf

Book Short Summary:

As disdain grows for the workings of Washington, patriots across the country have gathered in "tea parties," harkening back to the nation’s roots in 1773 when "No taxation without representation" was the motto. Americans again feel overly taxed by rulers who don’t listen, and the tea parties have grown into a movement comprised of deeply concerned Americans who have never previously participated in any demonstration. With this comes a renewed interest in our unique history as a nation, and Patriots Handbook offers just that. For those interested in actually reading the founding documents and learning about what the Founding Fathers had to say, Patriots Handbook offers our nation’s founding documents, along with inspiring quotes and excerpts about the glorious history of our great nation.

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Book Short Summary:

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Book Short Summary:

At 6'4", Abraham Lincoln was our tallest president. James Buchanan was the only president who never married. Ulysses was originally President Grant’s middle name and the famous S was the result of an accidental switch. From George Washington to George Bush, these and other fascinating facts come to light through this examination of the men who have held the office of United States president. This reference book offers a special perspective on the 42 men who have served as the chief executive. From date of birth to place of death, 63 comparative lists present a plethora of presidential information. Organized in a loosely chronological manner, subjects discussed include presidential families, physical characteristics, religious preferences, previous occupations, election statistics and final quotes. Each list is headed by a title and organizational notes from the author. Information is limited to facts only (free from bias or judgment) and is arranged in a useful, easy-to-reference format.

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Book Short Summary:

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This book is organized to examine the major subjects taught in American politics through the lens of twenty-five hot button issues affecting American politics and policy today. These key issues reflect the ideas, principles, concerns, fears, morals, and hopes of the American people. The authors argue that these issues are the heart and soul of the American political system, serving as the basis for the disagreements that drive citizens, public servants, and elected officials into action. Features of this Innovative Text Examines 25 issues in light of the 2016 presidential election and beyond. Up-to-date chapters reflect important developments in the arenas of money and politics, immigration, health care, race relations and civil rights, gun control, and gay rights in particular. Includes international coverage with recent and ongoing events surrounding Iran, Syria, Israel and Palestine, and China. A chapter on Russia puts recent developments in Syria, Ukraine, Crimea, and the "near abroad" in context with US foreign policy.

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For Tuberculosis and Nontuberculous Mycobacterial Infections, Dr. Schlossberg assembled an international team of experts to write about nearly every facet of the prevention, diagnosis, and treatment of tuberculosis and nontuberculous mycobacterial infections. In addition to presenting the latest clinical data, epidemiological findings, and policy and strategy recommendations of the World Health Organization, four new chapters cover topics of critical importance: The role of therapeutic drug monitoring in mycobacterial infections The public health issues of refugees and migrants, and their exposure and transmission of tuberculosis resulting from humanitarian crises Diabetes mellitus as a significant risk factor for tuberculosis The increased risk of tuberculosis reactivation in people taking tumor necrosis factor alpha inhibitors and other biopharmaceuticals Other chapters provide detailed information on the clinical, public health, and policy aspects of tracking and treating tuberculosis, including: The many presentations of tuberculosis, from pulmonary to ocular and cardiovascular to urogenital The complications that tuberculosis and antituberculosis therapy cause to the hematologic and endocrine systems Tuberculosis during pregnancy and in infants and children Treatment of multidrug-resistant tuberculosis and extensively drugresistant tuberculosis Development of new vaccines Nontuberculous infections caused by mycobacteria found throughout our environment The seventh edition of Tuberculosis and Nontuberculous Mycobacterial Infections is an essential resource for anyone working to prevent and treat tuberculosis and associated infections, from infectious disease specialists to scientists, policymakers, and epidemiologists.

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  • Pdf File: prison-suicide.pdf

Book Short Summary:

Until recently, it has been assumed that suicide, although a problem for jail inmates as they face the initial crisis of incarceration, is not a significant problem for inmates who advance to prison to serve out their sentences. This monograph was produced to fill a critical void in the knowledge base about prison suicide. In addition to a through review of the literature and of national and state standards for prevention, it offers the most recent national data on the incidence and rate of prison suicide, effective prevention programs, and discussion of liability issues. References, appendices and tables.

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Book Short Summary:

This completely revised and updated third edition to the Young Oxford Companion to the Supreme Court of the United States (1994) and The Supreme Court of the United States, second edition (2001) contains a complete, A-to-Z encyclopedia of the Supreme Court, its history, and current operations. This third edition includes new articles on six cases: American Library Association v. United States (2003), Bush v. Gore (2000), Grutter v. Bollinger (2003), Lawrence v. Texasr (2003), Pierce v. Society of Sisters (1925), and Zelman v. Simmons-Harris (2002). Other new articles cover Fundamental rights doctrine, Intermediate scrutiny, Preferred freedoms doctrine, Strict scrutiny, and National security issues. There are updates to articles on all sitting justices, and new articles on the two newly appointed justices, Chief Justice John Roberts and Samuel Alito. The following 17 articles are updated with new examples and cases: Abortion, Affirmative action, Appointment of justices, Capital punishment, Due process of law, Equality under the Constitution, Federalism, Freedom of speech and press, Impeachment, Jurisdiction, Lemon test, Privacy, right to, Property rights, Religious issues under the Constitution, Rights of the accused, Searches and seizures, Separation of powers. All of the back matter is thoroughly updated.

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By Bloomer, Fiona,Pierson, Claire
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  • Publisher : Policy Press
  • Book Code : 1447340442
  • Total of Pages : 176
  • Category : Social Science
  • Members : 915
  • Pdf File: reimagining-global-abortion-politics.pdf

Book Short Summary:

What are the contemporary issues in abortion politics globally? What factors explain variations in access to abortion between and within different countries? This text provides a transnationally-focused, interdisciplinary analysis of trends in abortion politics using case studies from around the global north and south. It considers how societal influences, such as religion, nationalism and culture, impact abortion law and access. It explores the impact of international human rights norms, the increasing displacement of people due to conflict and crisis and the role of activists on law reform and access. The book concludes by considering the future of abortion politics through the more holistic lens of reproductive justice. Utilising a unique interdisciplinary approach, this book provides a major contribution to the knowledge base on abortion politics globally. It provides an accessible, informative and engaging text for academics, policy makers and readers interested in abortion politics.

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  • Total of Pages : 196
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  • Pdf File: female-combatants-after-armed-struggle.pdf

Book Short Summary:

This book stems from a simple ‘feminist curiosity’ that can be succinctly summed up into a single question: what happens to combatant women after the war? Based on in-depth interviews with 40 research participants, mostly former combatants within the Irish Republican Army (IRA), this book offers a critical exploration of republican women and conflict transition in the North of Ireland. Drawing on the feminist theory of a continuum of violence, this book finds that the dichotomous separation of war and peace within conventional approaches represents a gendered fiction. Despite undertaking wartime roles that were empowering, agentic, and subversive, this book finds that the ‘post-conflict moment’ as experienced by female combatants represents not peace and security, but a continuity of gender discrimination, violence, injustice, and insecurity. The experiences and perspectives contained in this book challenge the discursive deployment of terms such as post-conflict, peace, and security, and moreover, shed light on the many forms of post-war activism undertaken by combatant women in pursuit of peace, equality, and security. The book represents an important intervention in the field of gender, political violence, and peace, and more specifically, female combatants and conflict transition. It is analytically significant in its exploration of the ways in which gender operates within non-state military movements emerging from conflict, and will be of interest to students and scholars alike.


By Amy Johnson
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : AuthorHouse
  • Book Code : 1728383285
  • Total of Pages : 534
  • Category : Fiction
  • Members : 802
  • Pdf File: imprudentia.pdf

Book Short Summary:

This book addresses three Roman law principles and is based on them. It is presented in three forms, the first (Imprudentia—Dolus Malus) is a dialogue between a Caesar and his beloved praetor and is more an impressionist work on Roman legal reforms rather than a purist academic treatise. It expounds on the legal principle of Imprudentia and the consequences of unwise, injudicious, incautious, unwary, ill-considered, ill-judged, ill-conceived, impolitic, misguided, ill-advised, thoughtless, unthinking, imprudent, shortsighted, foolish, careless, hasty, overhasty, rash, reckless, heedless, foolhardy actions in the judicial sphere. The second part is based on the Latin expression “casus belli,” meaning an act or event that provokes or is used to justify war and literally that which makes a case for war. A casus belli comes into play and involves direct offences against a nation, declaring the war. The poetical expressions explore the Indo-Greek myths, legends, thinking, and philosophies on a day-to-day basis in a normal Indo-Greek household, where Alexander the Great is fondly known as Sikander the Great, a Sanskrit term. The final part of the book is an academic thesis presented against the death penalty in the United States of America under the Latin maxim “Jus cogens,” a principle of compelling law, norm, or philosophy from which no derogation is permitted. The paper presents the exhaustive philosophies of juris doctors (both classical, like the Roman Emperor Justinian, and modern) and why they the jurist doctors and legal scholars deem that the Death penalty must be abolished in the United States of America and the wider world.

Forensic Psychology

By Alan M. Goldstein
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : John Wiley & Sons
  • Book Code : 0470009284
  • Total of Pages : 528
  • Category : Psychology
  • Members : 546
  • Pdf File: forensic-psychology.pdf

Book Short Summary:

Forensic Psychology: Emerging Topics and Expanding Roles is designed to present the current state of the field, in terms of law, ethics, research and practice. Reflecting the efforts of almost 50 expert contributors, this comprehensive reference provides a basis for conducting forensic mental health assessments consistent with the state of the field as it currently exists and the standard of care that is emerging. This must-have resource contains coverage of: Mainstream topics such as civil commitment, termination of parental rights, and federal sentencing evaluations Psycho-legal topics such as clergy and teacher sexual abuse, elder abuse, and end of life issues The appropriate application of instruments frequently used in clinical psychology to address psycho-legal issues Ideal for forensic mental health professionals, civil and criminal attorneys, and advanced students, Forensic Psychology: Emerging Topics and Expanding Roles is the definitive comprehensive reference in the field. "Alan Goldstein has his finger on the pulse of forensic psychology. He and his A-list contributors showcase a striking array of classic conundrums and budding courtroom controversies. Remarkably, their analysis is as deep as their coverage is broad. There are two or three works that simply have to be on the shelf of every forensic psychologist. This book is one of them."

Vagueness and Law

By Geert Keil,Ralf Poscher
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Oxford University Press
  • Book Code : 0191085707
  • Total of Pages : 350
  • Category : Law
  • Members : 684
  • Pdf File: vagueness-and-law.pdf

Book Short Summary:

Vague expressions are omnipresent in natural language. As such, their use in legal texts is virtually inevitable. If a law contains vague terms, the question whether it applies to a particular case often lacks a clear answer. One of the fundamental pillars of the rule of law is legal certainty. The determinacy of the law enables people to use it as a guide and places judges in the position to decide impartially. Vagueness poses a threat to these ideals. In borderline cases, the law seems to be indeterminate and thus incapable of serving its core rule of law value. In the philosophy of language, vagueness has become one of the hottest topics of the last two decades. Linguists and philosophers have investigated what distinguishes " vagueness from other kinds of linguistic indeterminacy, such as ambiguity, generality, open texture, and family resemblance concepts. There is a vast literature that discusses the logical, semantic, pragmatic, and epistemic aspects of these phenomena. Legal theory has hitherto paid little attention to the differences between the various kinds of linguistic indeterminacy that are grouped under the heading of ", let alone to the various theories that try to account for these phenomena. Bringing together leading scholars working on the topic of vagueness in philosophy and in law, this book fosters a dialogue between philosophers and legal scholars by examining how philosophers conceive vagueness in law from their theoretical perspective and how legal theorists make use of philosophical theories of vagueness. The chapters of the book are organized into three parts. The first part addresses the import of different theories of vagueness for the law, referring to a wide range of theories from supervaluationist to contextualist and semantic realist accounts in order to address the question of whether the law can learn from engaging with philosophical discussions of vagueness. The second part of the book examines different vagueness phenomena. The contributions in part 2 suggest that the greater awareness to different vagueness phenomena can make lawyers aware of specific issues and solutions so far overlooked. The third part deals with the pragmatic aspects of vagueness in law, providing answers to the question of how to deal with vagueness in law and with the professional, political, moral, and ethical issues such vagueness gives rise to.

Judicial Activism in Bangladesh

By Ridwanul Hoque
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Cambridge Scholars Publishing
  • Book Code : 144382822X
  • Total of Pages : 395
  • Category : Law
  • Members : 651
  • Pdf File: judicial-activism-in-bangladesh.pdf

Book Short Summary:

This book critically examines the evolving global trend of judicial activism with particular reference to Bangladesh. It constructs judicial activism as a golden-mean adjudicative technology, standing between excessive judicial assertion and unacceptable judicial passivity that may leave injustices un-redressed. It argues that judicial balancing between over-activism and meek administration of justice should essentially be predicated upon domestic conditions, and the needs and fundamental public values of the judges’ respective society. Providing cross-jurisdictional empirical evidence, the study demonstrates that judicial activism, steered towards improving justice and grounded in one’s societal specificities, can be exercised in a morally and legally legitimate form and without rupturing the balance of powers among the state organs. This study has sought to displace the myth of judicial activism as constitutional transgression by “unelected” judges, arguing that judicial activism is quite different from excessivism. It is argued and shown that a particular judge or judiciary turns out to be activist when other public functionaries avoid or breach their constitutional responsibilities and thus generate injustice and inequality. The study treats judicial activism as the conscientious exposition of constitutional norms and enforcement of public duties of those in positions of power. The study assesses whether Bangladeshi judges have been striking the correct balance between over-activism and injudicious passivity. Broadly, the present book reveals judicial under-activism in Bangladesh and offers insights into causes for this. It is argued that the existing milieu of socio-political injustices and over-balance of constitutional powers in Bangladesh calls for increased judicial intervention and guidance, of course in a balanced and pragmatic manner, which is critical for good governance and social justice. “Writing about judicial activism easily gets shackled by fussy and pedestrian debates about what judges may or may not do as unelected agents of governance. The book . . . goes much beyond such reductionist pedestrianisation of law, for it courageously lifts the debate into the skies of global legal realism. The analysis perceptively addresses bottlenecks of justice, identifying shackles and mental blocks in our own minds against activising concerns for justice for the common citizen.” —Prof Werner Menski (Foreword)

Parliaments in South Asia

By Nizam Ahmed
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Routledge
  • Book Code : 0429878559
  • Total of Pages : 228
  • Category : Social Science
  • Members : 724
  • Pdf File: parliaments-in-south-asia.pdf

Book Short Summary:

This book explores the development, decline and resurgence of parliaments in India, Pakistan and Bangladesh. Although the three parliaments formally have a common origin and follow almost similar rules and procedures, substantial variations can be observed in their behavior. By analyzing the nature of memberships, processes of legislation and oversight of the executive, the book assesses the impact of Indian, Pakistani and Bangladeshi parliaments. In addition to identifying the ways in which different institutional actors, particularly the parliament and the judiciary, define their roles and relationships, the book investigates the role of committees and the significance and effect of female legislators. While showing that the parliament in India has had a steady growth since its inception, notwithstanding the allegation that it has declined in recent years, the author also demonstrates the differential performance of the parliaments in Bangladesh and Pakistan. In particular, the parliament in Pakistan is shown to likely be able to upgrade its status from a ‘minimal’ to at least a ‘marginal’ legislature, while the Bangladesh parliament risks becoming a ‘minimal’ legislature. A valuable resource to use when comparing strategies and outcomes of postcolonial developments in the operation of parliaments, this book will be of interest to academics in the field of political and economic development, governance and South Asian Studies.

Contemporary Pakistan

By Dr. Nitin Prasad
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Vij Books India Pvt Ltd
  • Book Code : 9385505270
  • Total of Pages : 328
  • Category : Political Science
  • Members : 450
  • Pdf File: contemporary-pakistan.pdf

Book Short Summary:

Pakistan has exercised different forms of Political systems like Presidential, Parliamentary, Federation and One Unit. Local Bodies system has also been influenced by these experiences. It has been facing Political, non-political, dictators and bureaucratic influence. Pakistan has poor facts of democracy. It has been ruled by the military, while the Military governments always generated mistakes with the politicians. Pakistan’s capacity to protract the low cost conflict in Kashmir is beyond any doubt. Although the likely spillover effects of this on Pakistan’s polity are obvious, they will be, to a great degree, manageable. The Islamist organisations, in spite of their opposition to elements of the state and its armed forces, are in favour of maintaining the unity of the country that is, for them, “the fortress of Islam” and “the only Islamic nuclear power”. And though the US wants to tame the Pakistan army, and especially ISI its intelligence agency, it knows it will not benefit from the disintegration of the country. Nevertheless the pressures that imperialism and neoliberalism are putting on the country are creating a complex mesh of ethnic and nationalist tensions that could lead to a spiralling war. Only by fighting for a unified working class response to the pressures of globalisation and war can we hope to be able to offer an alternative.

Human Rights Of, By, and For the People

By Keri E. Iyall Smith,Louis Edgar Esparza,Judith R. Blau
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Taylor & Francis
  • Book Code : 1315470004
  • Total of Pages : 200
  • Category : Social Science
  • Members : 562
  • Pdf File: human-rights-of-by-and-for-the-people.pdf

Book Short Summary:

Together, the US Constitution and the Bill of Rights comprise the constitutional foundation of the United States. These—the oldest governing documents still in use in the world—urgently need an update, just as the constitutions of other countries have been updated and revised. Human Rights Of, By, and For the People brings together lawyers and sociologists to show how globalization and climate change offer an opportunity to revisit the founding documents. Each proposes specific changes that would more closely align US law with international law. The chapters also illustrate how constitutions are embedded in society and shaped by culture. The constitution itself sets up contentious relationships among the three branches of government and between the federal government and each state government, while the Bill of Rights and subsequent amendments begrudgingly recognize the civil and political rights of citizens. These rights are described by legal scholars as "negative rights," specifically as freedoms from infringements rather than as positive rights that affirm personhood and human dignity. The contributors to this volume offer "positive rights" instead. The Universal Declaration of Human Rights (UDHR), written in the middle of the last century, inspires these updates. Nearly every other constitution in the world has adopted language from the UDHR. The contributors use intersectionality, critical race theory, and contemporary critiques of runaway economic inequality to ground their interventions in sociological argument.

Judges and Generals of Pakistan Volume - I

By Inam Sehri
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Grosvenor House Publishing
  • Book Code : 1781480435
  • Total of Pages : 350
  • Category : History
  • Members : 583
  • Pdf File: judges-and-generals-of-pakistan-volume-i.pdf

Book Short Summary:

'Judges & Generals in Pakistan - Volume I' by Inam R Sehri is a collection of mostly his published articles; explaining diverse scenarios. This book evaluates certain conflicting news, editorials, opinions and criticisms on historical issues. No misleading intelligence story, no distracting investigative report, no concocted interview and no feed from the 'concerned ones' yet everything seems innovative; no fiction in this book but simple narration of facts. 'It is the collection of tragedies and misgivings which are deliberately buried in suspicions and darkness since decades. I've simply dig them out, collated and placed together for those who want to keep a track of their past;' Sehri holds.

Your Bill of Rights

By Sopoeia Greywolf
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Balboa Press
  • Book Code : 198226196X
  • Total of Pages : 46
  • Category : Juvenile Fiction
  • Members : 391
  • Pdf File: your-bill-of-rights.pdf

Book Short Summary:

Your Bill Of Rights offers you the beginning to understanding the American Constitution and your given rights in America