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An examination of the ways in which Gower's poetry engages with contemporary law and legal questions. It has long been thought that John Gower was probably a lawyer before turning to poetry, and this study reveals his active engagement with contemporary legal debates; they include constitutional questions, jurisdictional issues, private vengeance, jurisprudential concepts (such as equity and the rigor iuris), and aspects of criminal law. The author argues that the Confessio Amantis in particular demonstrates Gower's uncertainty about how to reconcile the ideal of a just law with alternative modes of justice, such as self-help, royal discretion, and divine will. The book also examines the parallel development of the exemplum and casus in medieval literature. Exempla frequently create a sense of narrative closure by means of some form of punishment, or as Gower would put it, "vengeance". How then do we set Gower's reputation as a sympathetic writer alongside his frequent desire forclosure and punishment? What are the limits of exemplarity and law? These questions are answered by reading Gower in relation to the volatile politics of the Ricardian period, and in comparison with the poetic concerns of contemporary writers such as Chaucer and Langland. In so doing, the book provides a searching introduction to the intersection between literature and law in the late fourteenth century. Dr. Conrad van Dijk is Assistant Professor of English at Concordia University College of Alberta (Edmonton, Canada).
This edited collection questions the assumptions about feminist perspectives on contract law made in mainstream textbooks and the ideologies that underpin them, drawing attention to the ways in which the law of contract has facilitated the virtual exclusion of women, the feminine and the private sphere from legal discourse.
This important collection explores contemporary legal thought (and thought about the law more generally) in relation to its interdisciplinary critical engagement with philosophy, in particular continental philosophy. Over the last 25 years, many legal thinkers have increasingly and critically engaged with philosophical thought in ever explorative and innovative interdisciplinary ways. This book represents this rich and continuously developing interdisciplinary tradition within legal thought and legal study more generally. Featuring both established and new voices, the volume explores a range of topics including: the relationship between law, philosophy and political theology; law and ecology; matter and legal technologies; contemporary governmentality; law’s relationship to violence; the so-called anti-juradicalism of post-1968 French theory; the normativity of social images; and responses to a time of perpetual crisis management. The approaches represented in this volume pose both long-standing and new questions in a genuinely critical manner in relation to contemporary legal (and associated political, social, economic and ethical) thinking.
This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1988.
Is abortion ethical? The answer to this question is often obscured by rhetoric, slogans, and politics. And the media message on abortion is often of little help. When the typical American opens up her morning newspaper, she sees the topic debated between pro-lifers and pro-choicers but receives little information that could help her make an informed moral decision. And as she reads further about the subject, it seems that the Christian church, often an ethical guide in many of her decisions, is of no use to her. Sadly, she is told that the church is just as divided as the rest of society on the topic. So our average American is left to fend for herself. She must somehow decide the right answer with little guidance from society, from the church, or even from God himself. But is our average American really without guidance? Has she gotten all the information she needs about abortion, or has she received only the five-second sound bite that leaves her as confused as she was before she heard about the abortion debate? And has God been silent on the abortion question? Has the church really shown a diversity of opinion on the sanctity of life? A Love for Life will provide Christians with the biblical and historical information that they need to make an informed decision on the abortion question. It will also take a critical and biblically-based look at the arguments and theologies of today's most prominent pro-choice clergy. And it will determine if abortion really fulfills the will of God, as many pro-choice Christians believe, or whether abortion is a clearly sinful act. In short, readers of A Love for Life will discover the real message of the church on abortion.
With regard to family law, this volume examines claims based on cultural tradition, ethnic background, custom, religious affiliation and sexual orientation, as well as various other “claims” that are not officially recognized in state law, in 15 jurisdictions around the world. The country reports seek to determine whether these claims represent a challenge to family law as conceived by the state, and if so, how these challenges are being managed. The focus lies on the interaction between (i) claims and traditions raising minority-related and diversity-related issues and (ii) the state as the addressee of these demands for accommodation. The reports identify specific instances and situations that have proven (and in many cases still are) particularly difficult to resolve. They force decision-makers to engage in a delicate balancing act between different, often clashing interests.
The political allegiances of major Roman poets have been notoriously difficult to pin down, in part because they often shift the onus of political interpretation from themselves to their readers. By the same token, it is often difficult to assess their authorial powerplays in the etymologies, puns, anagrams, telestichs, and acronyms that feature prominently in their poetry. It is the premise of this volume that the contexts of composition, performance, and reception play a critical role in constructing poetic voices as either politically favorable or dissenting, and however much the individual scholars in this volume disagree among themselves, their readings try to do justice collectively to poetry’s power to shape political realities. The book is aimed not only at scholars of Roman poetry, politics, and philosophy, but also at those working in later literary and political traditions influenced by Rome's greatest poets.
Climbing the Broken Judicial Ladder continues the author’s journey of exploring the heartbreak and loss of first adopting Cordelia with severe reactive attachment disorder (RAD) in Washington state and then of nearly losing her to the draconian and confused child welfare legal complex in Los Angeles. In this third volume of his Denied! Failing Cordelia trilogy, Cambridge climbs the broken California judicial ladder from the California Court of Appeals (Second Appellate District) based in Los Angeles to the California Supreme Court. Cambridge concludes that in appeals relating to dependency cases, the ladder is broken for parents seeking to advocate for themselves and for the true best interests of their children. Policies relating to child welfare are flawed, Cambridge argues, because of the preemptive and prejudicial response to the issues raised during the detention of children. As with his two earlier books, Cambridge explores issues connected with how best to parent his adopted daughter and advocate for her needs in the context of a dependency case. Cordelia’s reactive attachment disorder would surface throughout the judicial struggle as would the author’s own struggles with Asperger syndrome. Each would feed negatively into the overall trauma and drama of the author’s unrelenting quest to reunite his “forever family.” Cambridge believes that dependency proceedings are ill-equipped on many levels to elicit a proper understanding of RAD or of the therapeutic parenting needed to address it. Cambridge believes that adoptive parents of children with special needs need to be understood by more sympathetic social workers and by therapists trained in attachment disorders. Cambridge’s persistent efforts to reunite his “forever family” would leave him increasingly isolated as he climbs the judicial ladder. Based on his experiences, Cambridge explores areas for reform in Los Angeles dependency proceedings and evokes Shakespeare’s King Lear by arguing that social workers need to “see better” and that the Los Angeles Juvenile Dependency Court needs to encourage a broader understanding of the issues raised through more effective legal advocacy from assigned dependency lawyers. Cambridge argues that parents should be allowed to address the court directly. Cambridge also relates how he and his daughter have found many positive and healthy ways to heal in the years since their dependency case ended. Much trauma could have been avoided if those around them had “seen better” and had recognized the value in their dramatic and loving adoption journey.
An essential guide to dialogue in the college classroom and beyond Try to Love the Questions gives college students a framework for understanding and practicing dialogue across difference in and out of the classroom. This invaluable guide explores the challenges facing students as they prepare to listen, speak, and learn in a college community and encourages students and faculty alike to consider inclusive, respectful communication as a skill—not as a limitation on freedom. Among the most common challenges on college campuses today is figuring out how to navigate our politically charged culture and engage productively with opposing viewpoints. Lara Schwartz introduces the fundamental principles of free expression, academic freedom, and academic dialogue, showing how open expression is the engine of social progress, scholarship, and inclusion. She sheds light on the rules and norms that govern campus discourse—such as the First Amendment, campus expression policies, and academic standards—and encourages students to adopt a mindset of inquiry that embraces uncertainty and a love of questions. Empowering students, scholars, and instructors to listen generously, explore questions with integrity, and communicate to be understood, Try to Love the Questions includes writing exercises and discussion questions in every chapter, making it an indispensable resource for anyone interested in practicing good-faith dialogue.
THE CONSCIENCE OF JUDGES AND APPLICA nON OF LEGAL RULES The book is devoted to the problem of the influence of moral judgements on the result of judicial decision-making in the process of application of the established (positive) law. It is the conscience of judges that takes the central place in the research. Conscience is understood in the meaning developed in the theory of Thomas Aquinas as the complex capacity of the human being to make moral judgements which represent acts of reason on the question of what is right or wrong in a particular situation. The reason why we need a theory of conscience in making judicial decisions lies in the nature of the positive law itself. On the one hand, there is an intrinsic conflict between the law as the body of rigid rules and the law as an living experience of those who are involved in social relationships. This conflict particularly finds its expression in the collision of strict justice and equity. The idea of equity does not reject the importance of rules in legal life. What is rejected is an idolatrous attitude to the rules when the uniqueness of a human being, his well being and happiness are disregarded and sacrificed in order to fulfil the observance of the rules. The rules themselves are neither good or bad. What makes them good or bad is their application.