Jonathan Herring
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199229024
- eISBN:
- 9780191705274
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199229024.003.0004
- Subject:
- Law, Family Law
Older people can be involved in care work, either as the givers of care, or as the recipients of it. This chapter looks at the rights and responsibilities of those carers. It demonstrates the ways in ...
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Older people can be involved in care work, either as the givers of care, or as the recipients of it. This chapter looks at the rights and responsibilities of those carers. It demonstrates the ways in which carers have been ignored by the law and the relatively little social or legal recognition given to carers. It considers how better to promote the interests of carers and how to balance their interests with those they are caring for. The chapter considers the support available to carers from local authorities and the government's attempts to improve the services available.Less
Older people can be involved in care work, either as the givers of care, or as the recipients of it. This chapter looks at the rights and responsibilities of those carers. It demonstrates the ways in which carers have been ignored by the law and the relatively little social or legal recognition given to carers. It considers how better to promote the interests of carers and how to balance their interests with those they are caring for. The chapter considers the support available to carers from local authorities and the government's attempts to improve the services available.
Brad R. Roth
- Published in print:
- 2000
- Published Online:
- March 2012
- ISBN:
- 9780199243013
- eISBN:
- 9780191697210
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199243013.003.0007
- Subject:
- Law, Public International Law
This chapter examines the relationship between U.N. delegation credentials and legal recognition, summarizing the substance of the major collective recognition controversies that have occurred in the ...
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This chapter examines the relationship between U.N. delegation credentials and legal recognition, summarizing the substance of the major collective recognition controversies that have occurred in the course of the U.N. era. It also discusses controversies over delegation credentials and over ‘invitations’ of foreign military armed resistance. It also describes cases in Nicaragua, Grenada, and Panama, where the debate focused on the internal character of the incumbent regime, thereby bringing the competing considerations involved in establishing criteria for legal recognition.Less
This chapter examines the relationship between U.N. delegation credentials and legal recognition, summarizing the substance of the major collective recognition controversies that have occurred in the course of the U.N. era. It also discusses controversies over delegation credentials and over ‘invitations’ of foreign military armed resistance. It also describes cases in Nicaragua, Grenada, and Panama, where the debate focused on the internal character of the incumbent regime, thereby bringing the competing considerations involved in establishing criteria for legal recognition.
Elaine Chase and Jennifer Allsopp
- Published in print:
- 2020
- Published Online:
- May 2021
- ISBN:
- 9781529209020
- eISBN:
- 9781529209044
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781529209020.003.0006
- Subject:
- Sociology, Migration Studies (including Refugee Studies)
This chapter examines the centrality of legal status as a building block for security and constructing a future in Europe. It engages with the realities of living with or without legal recognition in ...
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This chapter examines the centrality of legal status as a building block for security and constructing a future in Europe. It engages with the realities of living with or without legal recognition in England and Italy and the impact this has on young people. The chapter considers these experiences within international and national frameworks of young people's rights and 'best interests'. It also looks at the serendipitous ways in which access to such rights are in fact socially constructed. As the chapter highlights, the arbitrary allocation of papers generates an inequitable set of life opportunities, or capabilities, as unaccompanied migrant young people become adults within the constraints of immigration control.Less
This chapter examines the centrality of legal status as a building block for security and constructing a future in Europe. It engages with the realities of living with or without legal recognition in England and Italy and the impact this has on young people. The chapter considers these experiences within international and national frameworks of young people's rights and 'best interests'. It also looks at the serendipitous ways in which access to such rights are in fact socially constructed. As the chapter highlights, the arbitrary allocation of papers generates an inequitable set of life opportunities, or capabilities, as unaccompanied migrant young people become adults within the constraints of immigration control.
Edward Stein
- Published in print:
- 2012
- Published Online:
- June 2013
- ISBN:
- 9780804782593
- eISBN:
- 9780804783903
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804782593.003.0004
- Subject:
- Law, Philosophy of Law
This chapter considers the arguments for spousal secrets in the context of the current revolution in family law regarding legal recognition of same-sex relationships. It analyzes different approaches ...
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This chapter considers the arguments for spousal secrets in the context of the current revolution in family law regarding legal recognition of same-sex relationships. It analyzes different approaches for dealing with the legal status of spousal secrets at this revolutionary moment and offers a sophisticated version of functionalism as a viable approach to spousal secrets.Less
This chapter considers the arguments for spousal secrets in the context of the current revolution in family law regarding legal recognition of same-sex relationships. It analyzes different approaches for dealing with the legal status of spousal secrets at this revolutionary moment and offers a sophisticated version of functionalism as a viable approach to spousal secrets.
Christian Lund
- Published in print:
- 2021
- Published Online:
- May 2021
- ISBN:
- 9780300251074
- eISBN:
- 9780300255560
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300251074.003.0001
- Subject:
- History, Asian History
This chapter discusses the relationship between law and property. The old aphorism that “possession is nine-tenths of the law” suggests that property rights are not merely about legal rights, but, ...
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This chapter discusses the relationship between law and property. The old aphorism that “possession is nine-tenths of the law” suggests that property rights are not merely about legal rights, but, more importantly, about social relations and the political and physical capacity to hold things of value: land, in particular. For many people in Indonesia, rights remain a faint promise, and justice a mere rumor. Land conflicts and dispossession have placed unjust burdens on ordinary people for generations and under different regimes. Some people acquire land, but more seem to lose it when their lack of wealth, knowledge, language, connections, and organization leaves them vulnerable. Possession may be nine-tenths of the law, but the last tenth, recognition, still matters a great deal. Moreover, recognition often takes the form of legalization, through efforts to make claims and decisions appear legal. And, crucially, this very plausibility of legality can have the effect of law. The chapter explains that the book is therefore about how and why people and institutions work to make claims stick by legalizing them. It is about the relationship between legal recognition and possession.Less
This chapter discusses the relationship between law and property. The old aphorism that “possession is nine-tenths of the law” suggests that property rights are not merely about legal rights, but, more importantly, about social relations and the political and physical capacity to hold things of value: land, in particular. For many people in Indonesia, rights remain a faint promise, and justice a mere rumor. Land conflicts and dispossession have placed unjust burdens on ordinary people for generations and under different regimes. Some people acquire land, but more seem to lose it when their lack of wealth, knowledge, language, connections, and organization leaves them vulnerable. Possession may be nine-tenths of the law, but the last tenth, recognition, still matters a great deal. Moreover, recognition often takes the form of legalization, through efforts to make claims and decisions appear legal. And, crucially, this very plausibility of legality can have the effect of law. The chapter explains that the book is therefore about how and why people and institutions work to make claims stick by legalizing them. It is about the relationship between legal recognition and possession.
Isaac West
- Published in print:
- 2013
- Published Online:
- March 2016
- ISBN:
- 9781479832149
- eISBN:
- 9781479826872
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479832149.003.0006
- Subject:
- Society and Culture, Cultural Studies
This concluding chapter focuses on a cover story from the New Republic that declared transgender rights to be the next great civil rights issue. A close reading of the cover image and the ...
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This concluding chapter focuses on a cover story from the New Republic that declared transgender rights to be the next great civil rights issue. A close reading of the cover image and the accompanying story allows one to engage the limits of left legalism—the practice of articulating “broad-based, locally, and culturally rich movement politics to demands for state-enforced rights.” It translates “wide-ranging political questions into more narrowly framed legal questions” and prematurely foreclosing the possibilities for “open-ended discursive contestation.” The remainder of the chapter discusses concepts connected to citizenship, including agency, recognition, and norms. For instance, when citizenship is viewed as performatively produced relationalities among families, friends, and strangers, legal recognition is transformed as it is practiced.Less
This concluding chapter focuses on a cover story from the New Republic that declared transgender rights to be the next great civil rights issue. A close reading of the cover image and the accompanying story allows one to engage the limits of left legalism—the practice of articulating “broad-based, locally, and culturally rich movement politics to demands for state-enforced rights.” It translates “wide-ranging political questions into more narrowly framed legal questions” and prematurely foreclosing the possibilities for “open-ended discursive contestation.” The remainder of the chapter discusses concepts connected to citizenship, including agency, recognition, and norms. For instance, when citizenship is viewed as performatively produced relationalities among families, friends, and strangers, legal recognition is transformed as it is practiced.
Austin Sarat, Lawrence Douglas, and Martha Merrill Umphrey
- Published in print:
- 2010
- Published Online:
- June 2013
- ISBN:
- 9780804771542
- eISBN:
- 9780804775151
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804771542.003.0001
- Subject:
- Law, Philosophy of Law
This book examines the ambiguous place occupied by strangers in communities not their own and how law, particularly liberal legal regimes, identifies and responds to strangers within and across their ...
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This book examines the ambiguous place occupied by strangers in communities not their own and how law, particularly liberal legal regimes, identifies and responds to strangers within and across their borders. It analyzes sites of encounter and estrangement within and across the borders of nation-states as well as the place of “strangers” in the delicately ambiguous space in which legal recognition and the rendering of hospitality is negotiated. The book also explores how liberal states have conferred, and should confer, recognition on those who knock on the door and ask for entry, along with the complications that arise when those perceived as strangers are inside the polity rather than outside supplicants. It argues that by extending hospitality and bestowing recognition to strangers according to conditions created by law, strangers are made through law and not born through accidents of geography. Finally, the book considers how the legal recognition of a stranger constitutes both stranger and self.Less
This book examines the ambiguous place occupied by strangers in communities not their own and how law, particularly liberal legal regimes, identifies and responds to strangers within and across their borders. It analyzes sites of encounter and estrangement within and across the borders of nation-states as well as the place of “strangers” in the delicately ambiguous space in which legal recognition and the rendering of hospitality is negotiated. The book also explores how liberal states have conferred, and should confer, recognition on those who knock on the door and ask for entry, along with the complications that arise when those perceived as strangers are inside the polity rather than outside supplicants. It argues that by extending hospitality and bestowing recognition to strangers according to conditions created by law, strangers are made through law and not born through accidents of geography. Finally, the book considers how the legal recognition of a stranger constitutes both stranger and self.
Carlos A. Ball
- Published in print:
- 2012
- Published Online:
- March 2016
- ISBN:
- 9780814739303
- eISBN:
- 9780814739310
- Item type:
- book
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814739303.001.0001
- Subject:
- Law, Family Law
This is the first book to provide a detailed history of how lesbian, gay, bisexual, and transsexual (LGBT) parents have turned to the courts to protect and defend their relationships with their ...
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This is the first book to provide a detailed history of how lesbian, gay, bisexual, and transsexual (LGBT) parents have turned to the courts to protect and defend their relationships with their children. It chronicles the stories of LGBT parents who, in seeking to gain legal recognition of and protection for their relationships with their children, have fundamentally changed how American law defines and regulates parenthood. To this day, some courts are still not able to look beyond sexual orientation and gender identity in cases involving LGBT parents and their children. Yet on the whole, the stories are of progress and transformation: as a result of these pioneering LGBT parent litigants, the law is increasingly recognizing the wide diversity in American familial structures.Less
This is the first book to provide a detailed history of how lesbian, gay, bisexual, and transsexual (LGBT) parents have turned to the courts to protect and defend their relationships with their children. It chronicles the stories of LGBT parents who, in seeking to gain legal recognition of and protection for their relationships with their children, have fundamentally changed how American law defines and regulates parenthood. To this day, some courts are still not able to look beyond sexual orientation and gender identity in cases involving LGBT parents and their children. Yet on the whole, the stories are of progress and transformation: as a result of these pioneering LGBT parent litigants, the law is increasingly recognizing the wide diversity in American familial structures.
Daniel Nolan
- Published in print:
- 2016
- Published Online:
- October 2015
- ISBN:
- 9780190205072
- eISBN:
- 9780190205102
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190205072.003.0009
- Subject:
- Philosophy, Moral Philosophy, General
Parties to a temporary marriage, in the sense discussed in this chapter, agree in advance that their marriage will only last for a fixed period of time unless renewed: that it will automatically ...
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Parties to a temporary marriage, in the sense discussed in this chapter, agree in advance that their marriage will only last for a fixed period of time unless renewed: that it will automatically expire after two years, for instance, or five, or twenty. This chapter defends the claim that temporary marriages deserve state recognition. The main argument for this is an application of a principle of marriage equality. Some other arguments for are also canvassed, and a number of arguments against recognition are also discussed. The chapter also discusses the question of whether such “temporary marriages” are in fact a kind of marriage, and defends the claim that they are, or would be, genuinely marriages.Less
Parties to a temporary marriage, in the sense discussed in this chapter, agree in advance that their marriage will only last for a fixed period of time unless renewed: that it will automatically expire after two years, for instance, or five, or twenty. This chapter defends the claim that temporary marriages deserve state recognition. The main argument for this is an application of a principle of marriage equality. Some other arguments for are also canvassed, and a number of arguments against recognition are also discussed. The chapter also discusses the question of whether such “temporary marriages” are in fact a kind of marriage, and defends the claim that they are, or would be, genuinely marriages.
Naomi Cahn
- Published in print:
- 2013
- Published Online:
- March 2016
- ISBN:
- 9780814772034
- eISBN:
- 9780814772041
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814772034.003.0009
- Subject:
- Law, Family Law
Most donor-conceived people are interested in learning more about the donor and any half-siblings who were conceived through use of the same donor. There are numerous issues as well as potential ...
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Most donor-conceived people are interested in learning more about the donor and any half-siblings who were conceived through use of the same donor. There are numerous issues as well as potential approaches to the question of how to promote these connections. This chapter discusses two different types of solutions: one set of proposals facilitates donor-conceived families finding each other; and a second concerns legal links, or the possibility of more formal legal recognition, between families through, for example, expansion of coverage of family and medical leave laws. These new forms of regulation are part of the paradigm shift away from viewing donor-conceived families and their communities as scientific and medical constructs and instead viewing them as relational entities.Less
Most donor-conceived people are interested in learning more about the donor and any half-siblings who were conceived through use of the same donor. There are numerous issues as well as potential approaches to the question of how to promote these connections. This chapter discusses two different types of solutions: one set of proposals facilitates donor-conceived families finding each other; and a second concerns legal links, or the possibility of more formal legal recognition, between families through, for example, expansion of coverage of family and medical leave laws. These new forms of regulation are part of the paradigm shift away from viewing donor-conceived families and their communities as scientific and medical constructs and instead viewing them as relational entities.
Naomi Cahn
- Published in print:
- 2013
- Published Online:
- March 2016
- ISBN:
- 9780814772034
- eISBN:
- 9780814772041
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814772034.003.0009
- Subject:
- Law, Family Law
Most donor-conceived people are interested in learning more about the donor and any half-siblings who were conceived through use of the same donor. There are numerous issues as well as potential ...
More
Most donor-conceived people are interested in learning more about the donor and any half-siblings who were conceived through use of the same donor. There are numerous issues as well as potential approaches to the question of how to promote these connections. This chapter discusses two different types of solutions: one set of proposals facilitates donor-conceived families finding each other; and a second concerns legal links, or the possibility of more formal legal recognition, between families through, for example, expansion of coverage of family and medical leave laws. These new forms of regulation are part of the paradigm shift away from viewing donor-conceived families and their communities as scientific and medical constructs and instead viewing them as relational entities.
Less
Most donor-conceived people are interested in learning more about the donor and any half-siblings who were conceived through use of the same donor. There are numerous issues as well as potential approaches to the question of how to promote these connections. This chapter discusses two different types of solutions: one set of proposals facilitates donor-conceived families finding each other; and a second concerns legal links, or the possibility of more formal legal recognition, between families through, for example, expansion of coverage of family and medical leave laws. These new forms of regulation are part of the paradigm shift away from viewing donor-conceived families and their communities as scientific and medical constructs and instead viewing them as relational entities.
Carla A. Pfeffer
- Published in print:
- 2017
- Published Online:
- December 2016
- ISBN:
- 9780199908059
- eISBN:
- 9780190656355
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199908059.003.0005
- Subject:
- Psychology, Social Psychology
This chapter considers what it means for cis women and their trans men partners to form “queer” partnerships and families in the 21st century. Specifically, this chapter discusses choices and ...
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This chapter considers what it means for cis women and their trans men partners to form “queer” partnerships and families in the 21st century. Specifically, this chapter discusses choices and negotiations around marriage, monogamy, and parenthood. This chapter introduces the concepts of “normative resistance” and “inventive pragmatism” to theorize the structurally bounded choices that cis women and their trans men navigate and negotiate on a daily basis. These negotiations expose broader sociolegal tensions and dilemmas about what it means to be husbands, wives, fathers, and mothers in the 21st century. For example, postmodern assisted reproductive technologies make it increasingly possible to form families and connections to offspring in ways that were previously only imagined. Despite these rapid technological shifts, financial access to these technologies and cultural lags in accepting diverse family forms have been less quick to evolve.Less
This chapter considers what it means for cis women and their trans men partners to form “queer” partnerships and families in the 21st century. Specifically, this chapter discusses choices and negotiations around marriage, monogamy, and parenthood. This chapter introduces the concepts of “normative resistance” and “inventive pragmatism” to theorize the structurally bounded choices that cis women and their trans men navigate and negotiate on a daily basis. These negotiations expose broader sociolegal tensions and dilemmas about what it means to be husbands, wives, fathers, and mothers in the 21st century. For example, postmodern assisted reproductive technologies make it increasingly possible to form families and connections to offspring in ways that were previously only imagined. Despite these rapid technological shifts, financial access to these technologies and cultural lags in accepting diverse family forms have been less quick to evolve.
- Published in print:
- 2002
- Published Online:
- March 2013
- ISBN:
- 9780226451008
- eISBN:
- 9780226451039
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226451039.003.0005
- Subject:
- Law, Constitutional and Administrative Law
This chapter discusses the moral arguments that have been offered for and against unequal treatment of gays. The importance of the idea that marriage is inherently heterosexual was recently shown ...
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This chapter discusses the moral arguments that have been offered for and against unequal treatment of gays. The importance of the idea that marriage is inherently heterosexual was recently shown dramatically in a series of cases in which state courts attempted to mandate legal recognition of same-sex couples. In Hawaii and Alaska, judicial decisions that seemed likely to require recognition of same-sex marriages prompted amendments to those states' constitutions that passed by overwhelming margins. In Vermont, however, a decision that offered gays exactly the same benefits, but not the honorific “marriage,” not only did not produce any such amendment but was met with prompt cooperation by the state legislature. Evidently, many Americans share the intuition that marriage is inherently heterosexual, and that intuition plays a powerful role in determining the changing legal status of gays.Less
This chapter discusses the moral arguments that have been offered for and against unequal treatment of gays. The importance of the idea that marriage is inherently heterosexual was recently shown dramatically in a series of cases in which state courts attempted to mandate legal recognition of same-sex couples. In Hawaii and Alaska, judicial decisions that seemed likely to require recognition of same-sex marriages prompted amendments to those states' constitutions that passed by overwhelming margins. In Vermont, however, a decision that offered gays exactly the same benefits, but not the honorific “marriage,” not only did not produce any such amendment but was met with prompt cooperation by the state legislature. Evidently, many Americans share the intuition that marriage is inherently heterosexual, and that intuition plays a powerful role in determining the changing legal status of gays.
Orsolya Toth
- Published in print:
- 2017
- Published Online:
- March 2017
- ISBN:
- 9780199685721
- eISBN:
- 9780191765711
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199685721.003.0001
- Subject:
- Law, Company and Commercial Law, Private International Law
The Introduction describes the stages of the analysis and the methodology adopted in the book. It argues that the lex mercatoria debate is currently incoherent because proponents suggest that the lex ...
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The Introduction describes the stages of the analysis and the methodology adopted in the book. It argues that the lex mercatoria debate is currently incoherent because proponents suggest that the lex mercatoria factually exists, whereas opponents submit that it is not legally recognized. A coherent discussion must take into account both the factual existence and the legal recognition of the lex mercatoria. The analysis in the book proceeds in four stages. First, it evaluates the existing accounts of the lex mercatoria and selects the most promising concept. Second, it develops the framework and central categories of the proposed account. Third, it opens up the discourse to public international law and jurisprudence. Fourth, it examines practical issues of choosing the lex mercatoria as the governing law and the proof of a lex mercatoria rule. The Introduction argues that a paradigm-shift is necessary to grasp the lex mercatoria as ‘a-national law’.Less
The Introduction describes the stages of the analysis and the methodology adopted in the book. It argues that the lex mercatoria debate is currently incoherent because proponents suggest that the lex mercatoria factually exists, whereas opponents submit that it is not legally recognized. A coherent discussion must take into account both the factual existence and the legal recognition of the lex mercatoria. The analysis in the book proceeds in four stages. First, it evaluates the existing accounts of the lex mercatoria and selects the most promising concept. Second, it develops the framework and central categories of the proposed account. Third, it opens up the discourse to public international law and jurisprudence. Fourth, it examines practical issues of choosing the lex mercatoria as the governing law and the proof of a lex mercatoria rule. The Introduction argues that a paradigm-shift is necessary to grasp the lex mercatoria as ‘a-national law’.