Helge Elisabeth Zeitler
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199589104
- eISBN:
- 9780191595455
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199589104.003.0006
- Subject:
- Law, Constitutional and Administrative Law, Public International Law
Clauses guaranteeing investor ‘full protection and security’ are included in most bilateral and multilateral investment treaties. They require not only abstention by the host State from physically ...
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Clauses guaranteeing investor ‘full protection and security’ are included in most bilateral and multilateral investment treaties. They require not only abstention by the host State from physically damaging foreign investment, but also positive measures to protect foreign investment, in particular against harm caused by private actors. This chapter shows the importance of and need for a comparative legal approach in order to understand what a guarantee of ‘full protection and security’ means today, in customary international law, but also in bilateral and multilateral investment treaties. It starts with an analysis of the origins of the clauses in customary international law and its importance for the understanding of their content under investment treaties, before analysing investment law jurisprudence on this basis. The applicable standard of protection in investment treaties is clarified in comparative perspective, in particular as regards human rights protection systems, with a view to developing general principles of law.Less
Clauses guaranteeing investor ‘full protection and security’ are included in most bilateral and multilateral investment treaties. They require not only abstention by the host State from physically damaging foreign investment, but also positive measures to protect foreign investment, in particular against harm caused by private actors. This chapter shows the importance of and need for a comparative legal approach in order to understand what a guarantee of ‘full protection and security’ means today, in customary international law, but also in bilateral and multilateral investment treaties. It starts with an analysis of the origins of the clauses in customary international law and its importance for the understanding of their content under investment treaties, before analysing investment law jurisprudence on this basis. The applicable standard of protection in investment treaties is clarified in comparative perspective, in particular as regards human rights protection systems, with a view to developing general principles of law.
David J. Wolfson and Mariann Sullivan
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780195305104
- eISBN:
- 9780199850556
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195305104.003.0010
- Subject:
- Political Science, Environmental Politics
This chapter explores the use of animals for food and the realities of farmed-animal law. It shows how farmed animals receive no effective legal protection in the U.S.A., and details how the law to ...
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This chapter explores the use of animals for food and the realities of farmed-animal law. It shows how farmed animals receive no effective legal protection in the U.S.A., and details how the law to determine whether or not a farming practice is illegally cruel has been altered to transfer the power from the court to the farmed-animal industry. The chapter provides a concrete sense of the extent of the problem and of what should be done about it.Less
This chapter explores the use of animals for food and the realities of farmed-animal law. It shows how farmed animals receive no effective legal protection in the U.S.A., and details how the law to determine whether or not a farming practice is illegally cruel has been altered to transfer the power from the court to the farmed-animal industry. The chapter provides a concrete sense of the extent of the problem and of what should be done about it.
Colin Dayan
- Published in print:
- 2011
- Published Online:
- October 2017
- ISBN:
- 9780691070919
- eISBN:
- 9781400838592
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691070919.003.0007
- Subject:
- Literature, Criticism/Theory
This chapter argues that the nature and status of dogs as defined by law are crucial to understanding the limits of restitution and the uneven application of remedy to persons who must answer to or ...
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This chapter argues that the nature and status of dogs as defined by law are crucial to understanding the limits of restitution and the uneven application of remedy to persons who must answer to or reckon with the law. One of the more vexing issues in prosecutions for larceny is whether dogs are subjects of property. If they are not, then their loss through thievery cannot be a cause for restitution in law. Implied here is an obligation to assess a dog's value and usefulness. In this intermediate, imperfect state, they were simply not property as were other chattels, including slaves. It was legally impossible that human chattels occupy a state in between freedom and servitude or between worth and uselessness. If they had no value as instruments of labor or procreation, then they literally had no reason for being and no legal protections against neglect or mutilation, maiming or death.Less
This chapter argues that the nature and status of dogs as defined by law are crucial to understanding the limits of restitution and the uneven application of remedy to persons who must answer to or reckon with the law. One of the more vexing issues in prosecutions for larceny is whether dogs are subjects of property. If they are not, then their loss through thievery cannot be a cause for restitution in law. Implied here is an obligation to assess a dog's value and usefulness. In this intermediate, imperfect state, they were simply not property as were other chattels, including slaves. It was legally impossible that human chattels occupy a state in between freedom and servitude or between worth and uselessness. If they had no value as instruments of labor or procreation, then they literally had no reason for being and no legal protections against neglect or mutilation, maiming or death.
Moshe Hirsch
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199578184
- eISBN:
- 9780191722561
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199578184.003.0005
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter identifies common traits as well as basically different characteristics of international human rights and investment laws. Developments in both spheres reflect fundamental structural ...
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This chapter identifies common traits as well as basically different characteristics of international human rights and investment laws. Developments in both spheres reflect fundamental structural changes in international law since World War II, enhancing the legal protection of individuals as well as of various associations and legal persons that are active in these spheres. One of the most fundamental commonalities to both international human rights and investment law is the asymmetric legal relationship between sovereign states and individuals, including foreign investors. Consequently, legal rules and institutions developed in these spheres strive to compensate the inferior position of individuals and investors under the domestic law by enhancing legal protection at the international level. These two branches of international law have evolved differently along the private-public divide. The chapter discusses the case law of international investment tribunals that have encountered arguments regarding the applicability and relevance of international human rights law to investment disputes.Less
This chapter identifies common traits as well as basically different characteristics of international human rights and investment laws. Developments in both spheres reflect fundamental structural changes in international law since World War II, enhancing the legal protection of individuals as well as of various associations and legal persons that are active in these spheres. One of the most fundamental commonalities to both international human rights and investment law is the asymmetric legal relationship between sovereign states and individuals, including foreign investors. Consequently, legal rules and institutions developed in these spheres strive to compensate the inferior position of individuals and investors under the domestic law by enhancing legal protection at the international level. These two branches of international law have evolved differently along the private-public divide. The chapter discusses the case law of international investment tribunals that have encountered arguments regarding the applicability and relevance of international human rights law to investment disputes.
Paul Craig
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199568628
- eISBN:
- 9780191739415
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199568628.003.0018
- Subject:
- Law, EU Law, Constitutional and Administrative Law
The connected concepts of legal certainty and legitimate expectations are to be found in many legal systems, although their precise legal content may vary. These concepts are used in a number of ...
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The connected concepts of legal certainty and legitimate expectations are to be found in many legal systems, although their precise legal content may vary. These concepts are used in a number of different ways and it is important to distinguish them in order to avoid confusion. This chapter begins with the basic precept of legal certainty and the constraints placed on EU norms that have an actual retroactive effect. This is followed by differentiation of other types of case where legal certainty and legitimate expectations are utilized and the rationale for affording legal protection. The remainder of the chapter analyses the law and policy applicable in these different areas, including revocation of lawful and unlawful decisions, individual representations, representations and changes of policy, departure from existing policy, and unlawful representations.Less
The connected concepts of legal certainty and legitimate expectations are to be found in many legal systems, although their precise legal content may vary. These concepts are used in a number of different ways and it is important to distinguish them in order to avoid confusion. This chapter begins with the basic precept of legal certainty and the constraints placed on EU norms that have an actual retroactive effect. This is followed by differentiation of other types of case where legal certainty and legitimate expectations are utilized and the rationale for affording legal protection. The remainder of the chapter analyses the law and policy applicable in these different areas, including revocation of lawful and unlawful decisions, individual representations, representations and changes of policy, departure from existing policy, and unlawful representations.
Rebecca J. Cook, Bernard M. Dickens, and Mahmoud F. Fathalla
- Published in print:
- 2003
- Published Online:
- October 2011
- ISBN:
- 9780199241323
- eISBN:
- 9780191696909
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199241323.001.0001
- Subject:
- Philosophy, Moral Philosophy
The concept of reproductive health promises to play a crucial role in improving health care provision and legal protection for women around the world. This book is an authoritative and much-needed ...
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The concept of reproductive health promises to play a crucial role in improving health care provision and legal protection for women around the world. This book is an authoritative and much-needed introduction to and defence of the concept of reproductive health, which though internationally endorsed, is still contested. Chapters integrate related disciplines to provide a comprehensive picture. They analyse fifteen cases from different countries and cultures, and explore options for resolution. The aim is to equip readers to fashion solutions in their own health care circumstances, compatibly with ethical, legal and human rights principles.Less
The concept of reproductive health promises to play a crucial role in improving health care provision and legal protection for women around the world. This book is an authoritative and much-needed introduction to and defence of the concept of reproductive health, which though internationally endorsed, is still contested. Chapters integrate related disciplines to provide a comprehensive picture. They analyse fifteen cases from different countries and cultures, and explore options for resolution. The aim is to equip readers to fashion solutions in their own health care circumstances, compatibly with ethical, legal and human rights principles.
Dario Milo
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199204922
- eISBN:
- 9780191709449
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199204922.003.0002
- Subject:
- Law, Law of Obligations, Human Rights and Immigration
This chapter explores the meaning and legal significance of reputation, and the values underpinning the right. The chapter proceeds as follows. Part B discusses the nature and legal protection of ...
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This chapter explores the meaning and legal significance of reputation, and the values underpinning the right. The chapter proceeds as follows. Part B discusses the nature and legal protection of reputation in the principal jurisdictions considered. Part C examines the underlying values that reputation appears designed to serve. Part D concludes the discussion and argues that ventilating the values underlying reputation will assist in deciding the proper approach to be adopted when reputation must be balanced against freedom of expression.Less
This chapter explores the meaning and legal significance of reputation, and the values underpinning the right. The chapter proceeds as follows. Part B discusses the nature and legal protection of reputation in the principal jurisdictions considered. Part C examines the underlying values that reputation appears designed to serve. Part D concludes the discussion and argues that ventilating the values underlying reputation will assist in deciding the proper approach to be adopted when reputation must be balanced against freedom of expression.
Grégoire Chamayou and Steven Rendall
- Published in print:
- 2012
- Published Online:
- October 2017
- ISBN:
- 9780691151656
- eISBN:
- 9781400842254
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691151656.003.0013
- Subject:
- Philosophy, History of Philosophy
This chapter discusses the hunt for illegals. It begins by considering stateless people, whose legal exclusion is no longer presented as punishment for a crime, but as a status, directly connected ...
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This chapter discusses the hunt for illegals. It begins by considering stateless people, whose legal exclusion is no longer presented as punishment for a crime, but as a status, directly connected with the individuals' political status. If the stateless person is excluded from the system of legal protection it is not because he has committed an infraction: on the contrary, he is himself that infraction, by the simple fact of existing, by his sole presence on the territory of the nation-state. Making persons infractions, making their lives a permanent infraction, is thus the first characteristic of this new system of legal exclusion. The chapter then turns to a new form of legal proscription, which is distinct from that of stateless persons, a recent historical product of policies of the illegalization of migrants. This new situation of the illegality of immigrant workers is connected with states' refusal to grant them the right to reside and work legally.Less
This chapter discusses the hunt for illegals. It begins by considering stateless people, whose legal exclusion is no longer presented as punishment for a crime, but as a status, directly connected with the individuals' political status. If the stateless person is excluded from the system of legal protection it is not because he has committed an infraction: on the contrary, he is himself that infraction, by the simple fact of existing, by his sole presence on the territory of the nation-state. Making persons infractions, making their lives a permanent infraction, is thus the first characteristic of this new system of legal exclusion. The chapter then turns to a new form of legal proscription, which is distinct from that of stateless persons, a recent historical product of policies of the illegalization of migrants. This new situation of the illegality of immigrant workers is connected with states' refusal to grant them the right to reside and work legally.
Michel Goyer
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199578085
- eISBN:
- 9780191731051
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199578085.003.0003
- Subject:
- Business and Management, Corporate Governance and Accountability
What institutional arrangements best account for the willingness of short-term investors to acquire important equity stakes in listed companies? The law and economics perspective on cross-national ...
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What institutional arrangements best account for the willingness of short-term investors to acquire important equity stakes in listed companies? The law and economics perspective on cross-national variations in capital mobility is grounded in principal-agent theory — the principals being dispersed shareholders that invest in companies but do not run them; and the agents being either managers or large controlling shareholders. The analytical starting point is that noncontrolling shareholders need assurance that they will get a return on their investment before departing from their financial assets. This chapter presents the institutional arrangements of legal protection for minority shareholders in French and German corporate law. The expectations are that companies with diffused ownership should be primarily targeted. The legal systems of these two economies are better at protecting the interests of noncontrolling shareholders from the value-destroying actions of managers, as compared to wealth-diverting moves by the controlling shareholder.Less
What institutional arrangements best account for the willingness of short-term investors to acquire important equity stakes in listed companies? The law and economics perspective on cross-national variations in capital mobility is grounded in principal-agent theory — the principals being dispersed shareholders that invest in companies but do not run them; and the agents being either managers or large controlling shareholders. The analytical starting point is that noncontrolling shareholders need assurance that they will get a return on their investment before departing from their financial assets. This chapter presents the institutional arrangements of legal protection for minority shareholders in French and German corporate law. The expectations are that companies with diffused ownership should be primarily targeted. The legal systems of these two economies are better at protecting the interests of noncontrolling shareholders from the value-destroying actions of managers, as compared to wealth-diverting moves by the controlling shareholder.
Peter Cane
- Published in print:
- 1991
- Published Online:
- March 2012
- ISBN:
- 9780198252368
- eISBN:
- 9780191681370
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198252368.003.0006
- Subject:
- Law, Law of Obligations
This chapter discusses forms and sources of protection for economic interests that provide an alternative to the law of tort. It aims to provide an account of alternatives and examines their ...
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This chapter discusses forms and sources of protection for economic interests that provide an alternative to the law of tort. It aims to provide an account of alternatives and examines their relationship with and their impact on the tort law. The main focus of the chapter is on other legal rules which play indispensable roles in providing legal protection for legal interests. These alternatives aimed at protecting economic interests include law of property, maritime law, law of trust and equitable principles, law of restitution, law of contract, defendant's interest in minimizing liability, self-help, and public law.Less
This chapter discusses forms and sources of protection for economic interests that provide an alternative to the law of tort. It aims to provide an account of alternatives and examines their relationship with and their impact on the tort law. The main focus of the chapter is on other legal rules which play indispensable roles in providing legal protection for legal interests. These alternatives aimed at protecting economic interests include law of property, maritime law, law of trust and equitable principles, law of restitution, law of contract, defendant's interest in minimizing liability, self-help, and public law.
Ashley Baggett
- Published in print:
- 2017
- Published Online:
- May 2019
- ISBN:
- 9781496815217
- eISBN:
- 9781496815255
- Item type:
- chapter
- Publisher:
- University Press of Mississippi
- DOI:
- 10.14325/mississippi/9781496815217.003.0006
- Subject:
- Society and Culture, Gender Studies
Rather than creating specific legislation on the issue, the legal system in Louisiana began reinterpreting old assault and battery laws already in the criminal statutes. These courts relied on the ...
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Rather than creating specific legislation on the issue, the legal system in Louisiana began reinterpreting old assault and battery laws already in the criminal statutes. These courts relied on the abused wife’s sworn description of the incident, even though Louisiana antebellum courts denied a wife’s testimony against her husband. Women did not cater to antebellum notions of womanhood. Most cursed, fought back, or blatantly demanded protection from their abusers. New gender definitions required recognition of women’s right to be free from violence, and courts reflected this change, effectively criminalizing intimate partner violence.Less
Rather than creating specific legislation on the issue, the legal system in Louisiana began reinterpreting old assault and battery laws already in the criminal statutes. These courts relied on the abused wife’s sworn description of the incident, even though Louisiana antebellum courts denied a wife’s testimony against her husband. Women did not cater to antebellum notions of womanhood. Most cursed, fought back, or blatantly demanded protection from their abusers. New gender definitions required recognition of women’s right to be free from violence, and courts reflected this change, effectively criminalizing intimate partner violence.
Colin Harvey
- Published in print:
- 2007
- Published Online:
- March 2012
- ISBN:
- 9780199204939
- eISBN:
- 9780191695599
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199204939.003.0024
- Subject:
- Law, Human Rights and Immigration
This chapter looks at the potential role of the European Court of Human Rights (ECHR) in protecting the rights of marginalized individuals and groups. It explains the concept of human rights law and ...
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This chapter looks at the potential role of the European Court of Human Rights (ECHR) in protecting the rights of marginalized individuals and groups. It explains the concept of human rights law and discusses attitudes towards human rights and their use in protecting vulnerable and marginalized groups. It suggests that human rights law should have an express and declared purpose, and this must be intrinsically linked to addressing the needs of vulnerable and marginalized individuals and groups.Less
This chapter looks at the potential role of the European Court of Human Rights (ECHR) in protecting the rights of marginalized individuals and groups. It explains the concept of human rights law and discusses attitudes towards human rights and their use in protecting vulnerable and marginalized groups. It suggests that human rights law should have an express and declared purpose, and this must be intrinsically linked to addressing the needs of vulnerable and marginalized individuals and groups.
Neil Brodie, Morag M. Kersel, and Kathryn Walker Tubb
- Published in print:
- 2006
- Published Online:
- September 2011
- ISBN:
- 9780813029726
- eISBN:
- 9780813039145
- Item type:
- chapter
- Publisher:
- University Press of Florida
- DOI:
- 10.5744/florida/9780813029726.003.0004
- Subject:
- Archaeology, Methodology and Techniques
This chapter discusses the other legal measures available to discourage or combat trade in antiquities and thus protect heritage at its source. It also examines patrimony laws, showing that the ...
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This chapter discusses the other legal measures available to discourage or combat trade in antiquities and thus protect heritage at its source. It also examines patrimony laws, showing that the conviction of Frederick Schultz in 2002 confirmed that one type of foreign patrimony law—state ownership of antiquities—is recognized by U.S. criminal courts, and as a result the force of the art museums' argument has been lessened. It first sets out the methodical, incremental progress that has been made, primarily in the American, British, and Swiss legal systems, and then contrasts this progress with the inability of these legal systems to respond effectively to sudden crises. In particular, recent progress in the legal regime to protect cultural heritage is covered. The recent crises in the protection of cultural heritage are then addressed.Less
This chapter discusses the other legal measures available to discourage or combat trade in antiquities and thus protect heritage at its source. It also examines patrimony laws, showing that the conviction of Frederick Schultz in 2002 confirmed that one type of foreign patrimony law—state ownership of antiquities—is recognized by U.S. criminal courts, and as a result the force of the art museums' argument has been lessened. It first sets out the methodical, incremental progress that has been made, primarily in the American, British, and Swiss legal systems, and then contrasts this progress with the inability of these legal systems to respond effectively to sudden crises. In particular, recent progress in the legal regime to protect cultural heritage is covered. The recent crises in the protection of cultural heritage are then addressed.
Mary Arden
- Published in print:
- 2015
- Published Online:
- March 2015
- ISBN:
- 9780198728573
- eISBN:
- 9780191795411
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198728573.001.0001
- Subject:
- Law, Human Rights and Immigration, EU Law
This book includes work on the legal protection of rights, contributing to the growing public judicial debate surrounding the national and transnational protection of individual rights. The book ...
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This book includes work on the legal protection of rights, contributing to the growing public judicial debate surrounding the national and transnational protection of individual rights. The book consists of three parts. The first part considers the changes in rights protection in the United Kingdom since the adoption of the Human Rights Act 1998. It reviews the dynamics of rights protection in the common law and under the 1998 Act before focusing on the role of human rights in national security and privacy. The second part examines the contributions of European law to domestic rights protection. It discusses the role of EU law and the European Convention on Human Rights in the interpretation of domestic legislation and the key ideas in shaping the place of transnational law—subsidiarity and proportionality. The final part looks to foreign domestic courts for comparative experience of judicial rights protection.Less
This book includes work on the legal protection of rights, contributing to the growing public judicial debate surrounding the national and transnational protection of individual rights. The book consists of three parts. The first part considers the changes in rights protection in the United Kingdom since the adoption of the Human Rights Act 1998. It reviews the dynamics of rights protection in the common law and under the 1998 Act before focusing on the role of human rights in national security and privacy. The second part examines the contributions of European law to domestic rights protection. It discusses the role of EU law and the European Convention on Human Rights in the interpretation of domestic legislation and the key ideas in shaping the place of transnational law—subsidiarity and proportionality. The final part looks to foreign domestic courts for comparative experience of judicial rights protection.
Tonia Novitz
- Published in print:
- 2003
- Published Online:
- March 2012
- ISBN:
- 9780198298540
- eISBN:
- 9780191685484
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198298540.003.0003
- Subject:
- Law, Company and Commercial Law
This chapter examines the grounds for legal protection of strikes. They may be socio-economic in nature, may draw upon a particular understanding of rights to political participation, and may be ...
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This chapter examines the grounds for legal protection of strikes. They may be socio-economic in nature, may draw upon a particular understanding of rights to political participation, and may be derived from the application of recognised civil liberties. The most common justification offered for legal protection of a right to strike is its role in the conclusion of collective agreements relating to terms and conditions of employment. In that context, it provides workers with the threat of an economic sanction to counter the often superior bargaining power of an employer.Less
This chapter examines the grounds for legal protection of strikes. They may be socio-economic in nature, may draw upon a particular understanding of rights to political participation, and may be derived from the application of recognised civil liberties. The most common justification offered for legal protection of a right to strike is its role in the conclusion of collective agreements relating to terms and conditions of employment. In that context, it provides workers with the threat of an economic sanction to counter the often superior bargaining power of an employer.
Isaac West
- Published in print:
- 2013
- Published Online:
- March 2016
- ISBN:
- 9781479832149
- eISBN:
- 9781479826872
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479832149.003.0004
- Subject:
- Society and Culture, Cultural Studies
This chapter discusses the activism of The Indiana Transgender Rights Advocacy Alliance (INTRAA) to demonstrate how transgender advocates fought for legal protections as citizens of states without ...
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This chapter discusses the activism of The Indiana Transgender Rights Advocacy Alliance (INTRAA) to demonstrate how transgender advocates fought for legal protections as citizens of states without having an assimilatinist attitude. The INTRAA advocated measures in Indiana intended to prevent discrimination based on one’s gender identity or gender expression. They developed specific strategies for engaging local and state officials about the need for trans legal protections such as pushing for the amendment of Human Rights Ordinance of Bloomington, Indiana, and conducting public debate about the measure. Their activities exemplified the need to engage the state and simultaneously critique the state’s authority to control the definitions and privileges of sex and gender.Less
This chapter discusses the activism of The Indiana Transgender Rights Advocacy Alliance (INTRAA) to demonstrate how transgender advocates fought for legal protections as citizens of states without having an assimilatinist attitude. The INTRAA advocated measures in Indiana intended to prevent discrimination based on one’s gender identity or gender expression. They developed specific strategies for engaging local and state officials about the need for trans legal protections such as pushing for the amendment of Human Rights Ordinance of Bloomington, Indiana, and conducting public debate about the measure. Their activities exemplified the need to engage the state and simultaneously critique the state’s authority to control the definitions and privileges of sex and gender.
Brian Leiter
- Published in print:
- 2014
- Published Online:
- October 2017
- ISBN:
- 9780691163543
- eISBN:
- 9781400852345
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691163543.003.0004
- Subject:
- Philosophy, Philosophy of Religion
This chapter argues that there is no principled reason for legal or constitutional regimes to single out religion for protection; there is no moral or epistemic consideration that favors special ...
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This chapter argues that there is no principled reason for legal or constitutional regimes to single out religion for protection; there is no moral or epistemic consideration that favors special legal solicitude toward beliefs that conjoin categorical commands with insulation from evidence, even if they produce some existential consolation. Second, the general principled arguments for toleration sketched in Chapter II—both the broadly Rawlsian and Millian ones—do justify legal protection for liberty of conscience, which would necessarily encompass toleration of religious beliefs. This means the hard question will be whether to expand the range of legal accommodations to all claims of conscience. Third, and finally, the general reasons for being skeptical that there are special reasons to tolerate religion qua religion (because of the special potential for harm that attaches to the conjunction of categorical demands based on beliefs insulated from evidence) suggest that we must be especially alert to the limits of religious toleration imposed by the side-constraints.Less
This chapter argues that there is no principled reason for legal or constitutional regimes to single out religion for protection; there is no moral or epistemic consideration that favors special legal solicitude toward beliefs that conjoin categorical commands with insulation from evidence, even if they produce some existential consolation. Second, the general principled arguments for toleration sketched in Chapter II—both the broadly Rawlsian and Millian ones—do justify legal protection for liberty of conscience, which would necessarily encompass toleration of religious beliefs. This means the hard question will be whether to expand the range of legal accommodations to all claims of conscience. Third, and finally, the general reasons for being skeptical that there are special reasons to tolerate religion qua religion (because of the special potential for harm that attaches to the conjunction of categorical demands based on beliefs insulated from evidence) suggest that we must be especially alert to the limits of religious toleration imposed by the side-constraints.
Brototi Dutta
- Published in print:
- 2019
- Published Online:
- August 2019
- ISBN:
- 9780199489954
- eISBN:
- 9780199095674
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780199489954.003.0005
- Subject:
- Law, Family Law
The Supreme Court in its decision in Velusamy v. Patchaiammal limited the scope of ‘relationship in the nature of marriage’ under the PWDVA and interpreted it as co-terminus with ‘common-law ...
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The Supreme Court in its decision in Velusamy v. Patchaiammal limited the scope of ‘relationship in the nature of marriage’ under the PWDVA and interpreted it as co-terminus with ‘common-law marriage’. By doing so, the Court left women in vulnerable intimate relationships without a remedy in law. The author argues that by transposing a non-statutory category (‘common-law marriage’) into the PWDVA, Velusamy watered down the promise of zero tolerance to violence within intimate domestic relationships. Using examples from the evolution of cohabitees’ rights in English law, the author argues that the Indian Constitution, in its framing of equality and right to life and personal dignity already provides the language and framework for protection to be extended to women in every stable cohabiting relationship. This is particularly significant in the Indian context where second wives and women in de facto marriages have little legal protection, even in situations of domestic violence.Less
The Supreme Court in its decision in Velusamy v. Patchaiammal limited the scope of ‘relationship in the nature of marriage’ under the PWDVA and interpreted it as co-terminus with ‘common-law marriage’. By doing so, the Court left women in vulnerable intimate relationships without a remedy in law. The author argues that by transposing a non-statutory category (‘common-law marriage’) into the PWDVA, Velusamy watered down the promise of zero tolerance to violence within intimate domestic relationships. Using examples from the evolution of cohabitees’ rights in English law, the author argues that the Indian Constitution, in its framing of equality and right to life and personal dignity already provides the language and framework for protection to be extended to women in every stable cohabiting relationship. This is particularly significant in the Indian context where second wives and women in de facto marriages have little legal protection, even in situations of domestic violence.
Robert A. Burt
Frank Iacobucci (ed.)
- Published in print:
- 2017
- Published Online:
- May 2018
- ISBN:
- 9780300224269
- eISBN:
- 9780300231854
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300224269.001.0001
- Subject:
- Law, Constitutional and Administrative Law
The Supreme Court long considered its highest mission to be the protection of individual liberty from intrusion by government, but the court shifted its focus to social and economic equality. This ...
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The Supreme Court long considered its highest mission to be the protection of individual liberty from intrusion by government, but the court shifted its focus to social and economic equality. This book explores this shift and its implications, especially for the legal protection of the vulnerable. Crucial to the author's perspective is an unconventional view of the role of judges—not simply to decide disputes, but to promote a respectful dialogue leading to a genuine understanding between parties. The U.S. Constitution, through its interpretation by the U.S. Supreme Court, deals with the protection of vulnerable people in American society. It focuses on the judge not as the sole determiner of equality or protection but as a leader who, through careful observation and guidance, promotes an interactive process among the parties in order to settle the matter in an empathic, mutually respectful way. The book points out that judges are not the only actors through whom democratic values founded on empathic mutual respect and accountability can be promoted. At the center of this study is the Civil Rights Act of 1968.Less
The Supreme Court long considered its highest mission to be the protection of individual liberty from intrusion by government, but the court shifted its focus to social and economic equality. This book explores this shift and its implications, especially for the legal protection of the vulnerable. Crucial to the author's perspective is an unconventional view of the role of judges—not simply to decide disputes, but to promote a respectful dialogue leading to a genuine understanding between parties. The U.S. Constitution, through its interpretation by the U.S. Supreme Court, deals with the protection of vulnerable people in American society. It focuses on the judge not as the sole determiner of equality or protection but as a leader who, through careful observation and guidance, promotes an interactive process among the parties in order to settle the matter in an empathic, mutually respectful way. The book points out that judges are not the only actors through whom democratic values founded on empathic mutual respect and accountability can be promoted. At the center of this study is the Civil Rights Act of 1968.
G. Andrew Karolyi
- Published in print:
- 2015
- Published Online:
- June 2015
- ISBN:
- 9780199336623
- eISBN:
- 9780190232047
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199336623.001.0001
- Subject:
- Economics and Finance, International, Development, Growth, and Environmental
This book develops a new practical framework to delineate and measure the fundamental risks of investing in emerging markets. In so doing, it defines clearly what an emerging market represents: ...
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This book develops a new practical framework to delineate and measure the fundamental risks of investing in emerging markets. In so doing, it defines clearly what an emerging market represents: namely, an undercapitalized and thus not-fully realized growth opportunity with complexities. These complexities are what inhibit global investors from helping to remedy the undercapitalization problem and they reflect institutional fragility that stems from market capacity constraints, operational inefficiencies, foreign investibility restrictions, corporate opacity, limits to legal protections, and political instability. The book’s practical aspect stems from the creation of standardized indexes associated with each of these fundamental risks that are built applying well-known statistical techniques to data from hundreds of rigorous academic research studies and publicly available sources on relevant country attributes. To validate the practical usefulness of these indexes of fundamental risks in emerging markets, the book offers out-of-sample forecast evidence for emerging-market portfolio holdings of global investors and even for portfolio flows during 2013, when an announced shift in US Federal Reserve policies inspired significant global portfolio outflows from many emerging markets.Less
This book develops a new practical framework to delineate and measure the fundamental risks of investing in emerging markets. In so doing, it defines clearly what an emerging market represents: namely, an undercapitalized and thus not-fully realized growth opportunity with complexities. These complexities are what inhibit global investors from helping to remedy the undercapitalization problem and they reflect institutional fragility that stems from market capacity constraints, operational inefficiencies, foreign investibility restrictions, corporate opacity, limits to legal protections, and political instability. The book’s practical aspect stems from the creation of standardized indexes associated with each of these fundamental risks that are built applying well-known statistical techniques to data from hundreds of rigorous academic research studies and publicly available sources on relevant country attributes. To validate the practical usefulness of these indexes of fundamental risks in emerging markets, the book offers out-of-sample forecast evidence for emerging-market portfolio holdings of global investors and even for portfolio flows during 2013, when an announced shift in US Federal Reserve policies inspired significant global portfolio outflows from many emerging markets.
