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2 edition of emergence of the contextual legal subject in family and administrative law found in the catalog.

emergence of the contextual legal subject in family and administrative law

Robert Leckey

emergence of the contextual legal subject in family and administrative law

an inquiry into relational theory

by Robert Leckey

  • 319 Want to read
  • 40 Currently reading

Published .
Written in English

    Subjects:
  • University of Toronto. -- Faculty of Law -- Dissertations.,
  • Domestic relations.,
  • Administrative law.,
  • Interpersonal relations.

  • About the Edition

    This thesis traces the emergence of a new view of the legal subject, one of the subject embedded in social context and relationships, and identifies a turn to a methodology of contextualism in family law and administrative law. It makes this argument using relational theory, a rich strand of feminist political theory. The thesis also uses examples from these legal fields to illustrate relational theory"s power and illuminate its problems. Relational theory, in contrast with its understanding of classical liberalism, depends jointly upon a thick description of the subject as contextually embedded and a definition of autonomy as a capacity enabled by constructive relationships. It calls for a focus on relationships and inquiry into what kinds of relationships are desirable. It advocates a contextual method and, normatively, seeks to promote those constructive relationships that enable relational autonomy. Often, however, instead of specifying the kinds of relationship it values, it suggests that conflicts can be resolved simply by thinking contextually about relationships. These elements of relational theory should be separated, as contextualism"s useful reach exceeds that of the normative commitment to enhancing relationships. Recent family law shows a praiseworthy turn to a contextual method and normative commitments consistent with relational theory. Administrative law has recently adopted a contextual method. In this domain, however, it is inappropriate to follow relational theory"s normative commitments. It is unhelpful to follow relational theory by aiming to enhance bureaucrat-citizen relations as if they were interpersonal relationships. A focus on enhancing relationships cannot transform radically asymmetric relations and can obscure power differentials. More than relational theorists recognize, thick descriptions of the subject and contextualism already pervade these legal fields. Yet even when, as in family law, legal actors fully adopt relational theory"s elements, disputes calling for normative decisions persist. In short, many conflicts are irreducible to the contrast between thick, relational and thin, atomistic views of the subject. Instead of reiterating calls for contextualism and thinking about relationships, relational theory should articulate more forcefully its normative commitment to a particular substantive conception of good relationships and offer fine-grained recommendations in contested areas.

    Edition Notes

    Other titlesInquiry into relational theory
    Statementby Robert Leckey.
    The Physical Object
    Paginationvi, 363 leaves ;
    Number of Pages363
    ID Numbers
    Open LibraryOL20269728M
    ISBN 109780494158333

    Founded by Thomas Jefferson in , the University of Virginia School of Law is a world-renowned training ground for distinguished lawyers and public servants. Currently ranked among the top law schools in the United States, Virginia has educated generations of lawyers, instilling in them a commitment to leadership, integrity, and community service. I. Introduction. At first glance the standardization of property forms through the numerus clausus principle appears to be the antithesis of spontaneous order. Under the numerus clausus principle, 1 the number of basic property forms is closed, and, in civil and common law systems alike, the principle pushes the ability to make changes to the property system solely to the legislature, a.

    Over the years, the role of victims in the criminal process has considerably evolved in common law jurisdictions, particularly in the United States and England and Wales. These notable developments have varied greatly between these two jurisdictions. These differences are in great part attributed to the different forces and rationales behind the emergence of the early victims’ movements Cited by: 1. One of the most notable characteristics of Western societies has been the development of individual and group rights in legal, theological, and philosophical thought of the first two millennia. It has often been noted that thinkers in Non-Western societies have not had the same preoccupation with rights. The very concept of rights is laden with numerous problems.

    The book presents the key issues in constitutional law thematically allowing for a truly comparative approach to the subject. It also pays particular attention to constitutional design, identifying and evaluating various solutions to the challenges involved in constitutional architecture. In this book Mark Sidel, a renowned legal scholar on Vietnam, has successfully addressed this omission by presenting a rich and absorbing analysis of constitutional change. A major challenge in writing about socialist states such as Vietnam is demonstrating that their constitutions represent more than political symbolism and warrant study as a.


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Emergence of the contextual legal subject in family and administrative law by Robert Leckey Download PDF EPUB FB2

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