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Aus dem Inhalt: Derek Morgan and Gillian Douglas: The Constitution of the Family; Three Waves for Plato Michael Freeman: The Austin Lecture: The Private and the Public Katherine O'Donovan: Love's Law: Moral Reasoning in Family Law Ruth Chadwick: Moral Reasoning in Family Law: A Response to Katherine O'Donovan Bob Brecher: What is Wrong with the Family? John Eekelaar: Parenthood, Social Engineering and Rights Brenda Almond: Parenthood - Social Construct or Fact of Nature? Kenneth Norrie: Medical Treatment of Children and Young Persons John Haldane: Children, Families, Autonomy and the State Sandra Marshall: Whose Child is it Anyway ? Derek Morgan: Hope of Deliverance? The Metamorphosis of Surrogacy
Since the rise of the nation-state in the nineteenth century, constitutions have been seen as an embodiment of national values and identity. However, individuals, ideas, and institutions from abroad have always influenced constitutions, and so the process is better described as transnational. As cross-border interaction is increasing in intensity, a dominant transnational legal order for constitutions has emerged, with its own norms, guidelines and shared ideas. Yet both the process and substance of constitution-making are being contested in divergent and insurgent constitutional orders. Bringing together leading scholars from the United States, Europe, Latin America, and Asia, this volume addresses the actors, networks, norms and processes involved in constitution-making, as well as the related challenges, from a transnational and comparative perspective. Drawing from the research on transnational legal orders, this work explores and examines constitution-making in every region of the world.
"One of the year's best books on Puerto Rico."—El Nuevo Dia, San Juan "[The authors] are highly regarded labor economists who have written extensively and intelligently in the past, and again in this volume, on Puerto Rican migration and labor markets... There isabundant statistical data and careful analysis, some of which challenges the conventional wisdom. Highly recommended." —Choice Island Paradox is the first comprehensive, census-based portrait of social and economic life in Puerto Rico. During its nearly fiftyyears as a U.S. commonwealth, the relationship between Puerto Rico's small, developing economy and the vastly larger, more industrialized United States has triggered profound changes in the island's industry and labor force. Puerto Rico has been deeply affected by the constant flow of its people to and from the mainland, and by the influx of immigrant workers from other nations. Distinguished economists Francisco Rivera-Batiz and Carlos Santiago provide the latest data on the socioeconomic status of Puerto Rico today, and examine current conditions within the context of the major trends of the past two decades. Island Paradox describes many improvements in Puerto Rico's standard of living, including rising per-capita income, longer life expectancies, greater educational attainment, and increased job prospects for women. But it also discusses the devastating surge in unemployment. Rapid urbanization and a vanishing agricultural sector have led to severe inequality, as family income has become increasingly dependent on education and geographic location. Although Puerto Rico's close ties to the United States were the major source of the island's economic growth prior to 1970, they have also been at the root of recent hardships. Puerto Rico's trade andbusiness transactions remain predominantly with the United States, but changes in federal tax, social, and budgetary policies, along with international agreements such as NAFTA, now threaten to alter the economic ties between the island and the mainland. Island Paradox reveals the social and family changes that have occurred among Puerto Ricans on the island and the mainland. The significant decline in the island's population growth is traced in part to women's increased pursuit of educational and employment opportunities before marrying. More children are being raised by singleparents, but this stems from a higher divorce rate and not a rise in teenage pregnancy. The widespread circular migration to and from the United States has had strong repercussions for the island's labor markets and social balance, leading to concerns about an island brain drain. The Puerto Rican population in the United States hasbecome increasingly diverse, less regionally concentrated and not, as some have claimed, in danger of becoming an underclass. Within a single generation Puerto Rico has experienced social and economic shifts of an unprecedented magnitude. Island Paradox charts Puerto Rico's economic fortunes, summarizes the major demographic trends, and identifies the issues that will have the strongest bearings on Puerto Rico's prospects for a successful future. A Volume in the Russell Sage Foundation Census Series
This book argues that insufficient recognition of new families is a legal problem that needs fixing in light of recent evolutions in family patterns and normative conceptions of 'family'. People increasingly invest in relationships falling outside the model of the marital family, such as non-conjugal unions of friends or relatives, polyamorous relationships and various religious-based families. Despite this, Western jurisdictions retain the marital family as the relevant basis for allocating family law benefits, rights and obligations. Part I of the book illustrates recent evolutions in family patterns and norms, and explores how law can accommodate multiple family grids without legal recognition involving normalisation. Part II focuses on courtroom litigation on the basis that courts nowadays are central avenues of social change. It takes non-conjugal families as a case study and provides an analysis of the most compelling argumentative strategies that non-conjugal families can mobilise to pursue legal recognition in Canada and the United States, and within the systems of the European Convention of Human Rights and the European Union. Through its comparative, interdisciplinary and critical legal method, the book provides scholars, activists and policymakers with conceptual tools to tackle the current invisibility of new families. Further, by advancing legal arguments to enhance the protection of non-conjugal families in courtrooms, the book illuminates the different approaches jurisdictions are likely to take and the hindrances thereof to overcome and debunk stereotypes associated with proper familyhood.
Examines the significant gaps between what New York State’s constitution says and how the state is actually governed and offers ideas for reform. On its face, New York State’s constitution is an elaborate and impressive aggregation of processes, powers, mandates, and limits. But many of these are “inoperative,” and New Yorkers who read the document and believe what it says will come away with a massive misunderstanding of the realities of state government. The essays in New York’s Broken Constitution seek to clarify the realities by bringing attention to the gaps between what the constitution says and how the state is actually governed, and they provide a disquieting picture of the state of the state’s constitution. Among the topics addressed are state debt and budgeting practices, legislative redistricting, local government, gambling, conservation, and the process of amending the constitution. Written by knowledgeable professionals, the chapters explain the constitutional provisions in question, including the reasons for their constitutional status; how they have been used and interpreted; and the extent of the gaps between the constitutional provisions and practice. Various proposals for reform are also examined. “This is an impressive volume, teeming with invaluable insights. It presents a compelling message: since many of the dysfunctions in state governance are inextricably tied to the organizational structures and policies detailed—and sometimes followed, sometimes disregarded—in the state constitution, constitutional reform is imperative. Anyone concerned about the operation and current dysfunction of New York State government should read this book.” — Vincent M. Bonventre, Albany Law School “This book will be enormously useful in guiding the public and scholarly debate in the lead-up to the November 2017 vote on the question of whether to hold a state constitutional convention.” — John J. Dinan, author of The American State Constitutional Tradition
From the financial crash to the climate emergency and Covid- 19, this book demonstrates that recent crises have had unequal impacts, they require a heterodox approach to economics for their understanding, and new ways of thinking are needed to address them. Drawing on a variety of heterodox and radical perspectives and global voices, including those from India, Africa, and South America, this collection explores the causes and impacts of global emergencies from a wide array of viewpoints. The first section outlines how the pandemic has shown up the biases of orthodox thought and policy, particularly its Eurocentric and patriarchal focus on the urban, formal economy. It outlines how adding an international dimension to institutional analysis uncovers systematic inequalities in the responses to emergencies, and how new paradigms can provide better alternatives. The massive interventionism worldwide has led to renewed interest in the global financial system, and also in Marxian approaches to money. The second section of the book therefore considers a range of alternative approaches to the study of finance – from Marx to Minsky – which are currently being revisited. The collection concludes with a suggestion for heterodox economics pedagogy, since changing economics education is vital for future dissemination of real- world ideas. The book will be of interest to a variety of researchers and postgraduate students, and lecturers, especially in the fields of development, health, labour and feminist economics, and also international political economy and heterodox economics.
Tramps, lazy, cheaters. Expressions like these were widely used by several masters in view of the multiple forms of transgressions committed by slaves. This type of (dis) qualification gained an even stronger contour in properties controlled by religious orders, which tried to impose moralizing measures on the enslaved population. In this book, the reader will come across a peculiar form of management, highly centralized and commanded by one of the most important religious corporations in Brazil: the Order of Saint Benedict. The Institutional Paternalism built by this institution throughout the 18th and 19th centuries was able to stimulate, among the enslaved, the yearning for freedom and autonomy, 'prizes' granted only to those who fit the Benedictines' moral expectation, based on obedience, discipline and punishment. The "incorrigible" should be sold while the "meek" would be rewarded. The monks then became large slaveholders, recognized nationally as great managers. However behind this success, they had to learn to deal with the stubborn resistance of those who refused to peacefully surrender their bodies and minds, resulting in negotiations and concessions that caused disturbances, moments of instability and internal disputes.
Following the implementation of the Human Rights Act 1998, awareness has increased that we live in a rights-based culture and that children constitute an important group of rights holders. Now in its third edition, Children's Rights and the Developing Law explores the way developing law and policies in England and Wales are simultaneously promoting and undermining the rights of children. It reflects on how far these developments take account of children's interests, using current research on children's needs as a template against which to assess their effectiveness and considering a broad range of topics, including medical law, education and youth justice. A critical approach is maintained throughout, particularly when assessing the extent to which the concept of children's rights is being acknowledged by the courts and policy makers and the degree to which the UK fulfils its obligations under, for example, the UN Convention on the Rights of the Child.