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
Written in English
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.
|Other titles||Inquiry into relational theory|
|Statement||by Robert Leckey.|
|The Physical Object|
|Pagination||vi, 363 leaves ;|
|Number of Pages||363|
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In his book, Robert Leckey sets out to demonstrate that law, at least family law and administrative law, sees and produces "contextual subjects." According to Leckey, the abstract categories of legal subjects found in earlier family and administrative law decisions have been replaced by subjects who are "rooted in their relationships and social Author: Diana Majury, Anne Quéma.
This book has argued for the emergence of a new view of legal subjects in family law and administrative law. In both fields, legislative, judicial, and scholarly practices now constitutecontextual subjects.
That is, these legal fields reflect the contextual subject that has emerged in what some call ‘post-liberal theory’ (Reece13). The study of law and society rests on the belief that legal rules and decisions must be understood in context.
Law is not autonomous, standing outside of the social world, but is deeply embedded within society. While political scientists recognize the fundamentally political nature of law, the law and society perspective takes this assumption several steps further by pointing to ways in which Cited by: 2.
Courts throughout the common law world have for some time given effect to international legal obligations (especially human rights norms) by way of administrative law doctrines and techniques. This book presents the South African Constitution in its historical and social context, providing students and teachers of constitutional law and politics an invaluable resource through which to understand the emergence, development and continuing application of the supreme law of South Africa.
Family Law - 3 Units. A study of the legal and policy issues involved in the regulation of the family. The course surveys state and federal law as it impinges on the family, including issues related to marriage, divorce, child custody, spousal abuse, child neglect and abuse, nontraditional families, and new reproductive technologies.
In‐Between Worlds: Marleasing and the Emergence of Interlegality in Legal Reasoning Article in European Law Journal 11(6) - November with 55 Reads How we measure 'reads'Author: Marc Amstutz. Study Aids Subscription, from West Academic Publishing, is an online subscription based service that provides access to hundreds of study aids.
Subscribers can. Richardson: Law, Process and Custody Roberts & Palmer: Dispute Processes: ADR and the Primary Forms of Decision-Making Scott & Black: Cranston’s Consumers and the Law Seneviratne: Ombudsmen: Public Services and Administrative Justice Stapleton: Product Liability Turpin: British Government and the Constitution: Text, Cases and Materials Twining: Globalisation and Legal Theory.
The book concentrates on federal rather than state administrative law in order to provide the fundamental knowledge and concepts necessary to understand the subject, on the belief that an understanding of federal law can be translated into other settings. Indigenous Peoples and the Law provides an historical, comparative and contextual analysis of various legal and policy issues affecting Indigenous peoples.
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The Oxford Handbook of the Eighteenth-Century Novel Edited by J. Downie Oxford Handbooks. The first book professing to survey the eighteenth-century English novel in its entirety; Situates the canonical novels and novelists of the period against the background of the hundreds of other novels published during the 'long' eighteenth century.
In the past half century, contextual models of child development have risen to prominence, and contexts beyond the home environment have been increasingly recognized as important to children’s development.
During this same period, a number of social trends have significantly impacted the daily lives of children, including major shifts in gender roles and expectations; the emergence of an. Professor Tushnet, who graduated from Harvard College and Yale Law School and served as a law clerk to Justice Thurgood Marshall, specializes in constitutional law and theory, including comparative constitutional law.
His research includes studies examining (skeptically) the practice of judicial. Zionism The Formative Years David Vital. A Clarendon Press Publication. In this sequel to The Origins of Zionism, the author traces and explains the emergence of the Zionist movement through which the Jews were to a large extent reformed as a political people.
About The Constitution of the United States of America. This is the second edition of Professor Tushnet's short critical introduction to the history and current meaning of the United States' Constitution. It is organised around wo themes: first, the US Constitution is old, short, and difficult to amend.
I met Jürgen Habermas thirty years ago at around the time he completed his Between Facts and that book, Habermas defended a provocative thesis—the view that “in the age of a completely secularised politics, the rule of law cannot be had without radical democracy.” 1 I believe this view to be essentially correct and, with hindsight, would like to explore some of its key.
Part III considers whether Driver’s theory of the judiciary, which I describe as the new legal liberalism,11 would be possible in a book about a different domain of constitutional law. Drawing on examples from prison and immigration law, this Part argues that the schoolhouse is an unusually hopeful—and in that sense exceptional—venue for.
This textbook is a compendium of detailed week-by-week lesson plans and best practices for the new K core subject "Contemporary Philippine Art from the Region." It provides a contextual framework for the study of the arts and offers several practical class activities for each lesson.
"Trending" section titles converse with the milieu of. This edition remains as accessible as ever, fully exploring the core areas of the subject and setting them in a contextual framework.
In addition to wide-spread recognition as an invaluable core text for LLB and GDL students, Textbook on Administrative Law is a stimulating introduction for postgraduates and for non-law undergraduates with an.
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Indeed, this book opens to reflections on the role of Law in relation to questions such as the dignity of the body, the child’s best interests or the structure of the family.
This clearly written book is an invaluable resource on the subject of surrogacy.