Law and Legal Culture in Comparative Perspective


Book Description

Comparative legal studies are at last commanding the thoughts of contemporary jurists� Alice ES Tay. Drawing on an impressive ancestry in comparative law, the 22 contributions in this volume by authors from Asia, Australia and Europe go further in their complex conception of law and culture. They look at the new principles and concepts of a transnational, global law in new, multiple contexts and in diverse juxtapositions with new institutions and authorities. In an unplanned but cohesive pattern the individual contributions together open a fresh vision of the use and value of comparative legal studies for the assessment of the function and limitations of the law of a global society.




Disentitlement?


Book Description

No developed nation relies exclusively on the private sector to finance health care for citizens. This book begins by exploring the deficiencies in private health insurance that account for this. It then recounts the history and examines the legal character of America's public health care entitlements - Medicare, Medicaid, and tax subsidies for employment-related health benefits. These programs are increasingly embattled, attacked by those advocating privatization (replacing public with private insurance); individualization (replacing group and community-based insurance with approaches based on individual choice within markets); and devolution (devolving authority over entitlements to state governments and to private entities). Jost critically analyzes this movement toward disentitlement. He also examines the primary models for structuring health care entitlements in other countries - general taxation-funded national health insurance and social insurance - and considers what we can learn from these models. The book concludes by describing what an American entitlement-based health care system could look like, and in particular how the legal characteristics of our entitlement programs could be structured to support the long-term sustainability of these vital programs.




Law, Legal Culture and Politics in the Twenty First Century


Book Description

This is a collection of essays on general and specific topics of comparative private and comparative public law by distinguished legal scholars from every part of the world in honour to the work of Alice Ehr-Soon Tay. The essays demonstrate the changing approach to common law in legal culture and present a body of texts on comparative law problems arching from Asia to Europe to Australia. The volume furthermore indicates that there is no area where comparative law has proved more dominant and useful than in regard to human rights and comparative constitutional analysis. Finally, this book is an outstanding cross-cultural contribution to comparative private law and comparative constitutional law in terms of understanding legal culture and law. It will be invaluable to all those who practise, teach or judge law. Articles by Kim Santow, Saul Fridman, W. M. C. Gummow, J. A. Jolowicz, Hiroshi Matsuo, Ivan Shearer, Christopher Birch, Tom Campbell, Roland Drago, Jennifer Hill, Michael Kirby, Karin Lemercier, Aleksander Peczenik, Robert S. Summers, Albert H.Y. Chen, Jianfu Chen, Edward McWhinney, Eric Smithburn, Klaus A. Ziegert, Margaret Allars, Han Depei, Guenther Doeker-Mach, Hoang Van Hao, Tommy Koh, Adam Lopatka, Gabriel A. Moens, Cao Duc Thai, Wang Gungwu, Peter Wesley-Smith, Murray Gleeson, Julia Horne List of Publications of Alice Erh-Soon-Tay .




Rights-Based Community Practice and Academic Activism in a Turbulent World


Book Description

Drawing on a theoretical model of coexistence premised on universality, reciprocity and inclusion, this book focusses on the development of academic social work programs and cross-border partnerships to promote social justice and peace in Israel, Palestine, and Jordan. Using the model of rights-based practice initiated by Professor Torczyner in Montreal and brought to the Middle East in the 1990s, it shows how the creation and brokering of cross-border partnerships added the concept of rights-based practice to the lexicon of these countries, established groundbreaking advocacy centers in the hearts of disadvantaged communities, developed academic social work programs, and initiated important policy changes in each country to reduce inequality and promote social inclusion. Showing how this evolving method of rights-based practice rooted in theories of coexistence was uniquely adapted in different contexts and cultures while negotiating complex, volatile political environments, it illustrates how long-term peace can be advanced when like-minded people —irrespective of nationality or religion—find ways to promote common interest and a regional culture where all people share the same rights. This book will be of interest to all social work students and practitioners interested in community organization and rights-based practice, as well as scholars, policy makers and practitioners of international development, political science, peace studies, Jewish studies, Middle Eastern studies, reconciliation, and conflict resolution.







From UI to EI


Book Description

Established in 1940 in response to the Great Depression, the original goal of Canada’s system of unemployment insurance was to ensure the protection of income to the unemployed. Joblessness was viewed as a social problem and the jobless as its unfortunate victims. If governments could not create the right conditions for full employment, they were obligated to compensate people who could not find work. While unemployment insurance expanded over several decades to the benefit of the rights of the unemployed, the mid-1970s saw the first stirrings of a counterattack as the federal government’s Keynesian strategy came under siege. Neo-liberalists denounced unemployment insurance and other aspects of the welfare state as inflationary and unproductive. Employment was increasingly thought to be a personal responsibility and the handling of the unemployed was to reflect a free-market approach. This regressive movement culminated in the 1990s counter-reforms, heralding a major policy shift. The number of unemployed with access to benefits was halved during that time. From UI to EI examines the history of Canada’s unemployment insurance system and the rights it grants to the unemployed. The development of the system, its legislation, and related jurisprudence are viewed through a historical perspective that accounts for the social, political, and economic context. Campeau critically examines the system with emphasis upon its more recent transformations. This book will interest professors and students of law, political science, and social work, and anyone concerned about the right of the unemployed to adequate protection.




Offending Women


Book Description

"Lynne Haney is already an important voice in the sociology of welfare but this book marks her debut as a major figure in the sociology of punishment and the study of governmentality. Offending Women is a fascinating work that combines rich ethnographic detail with a structural account of the changing contours of contemporary governance. Its original contributions to prison ethnography, women's studies, and the sociology of the penal-welfare state will make it a reference point in each of these disciplines."--David Garland, author of The Culture of Control "Offending Women is an exemplary piece of work. Haney's writing is engaging, crisp, and smart. She brilliantly assesses the various intentions of the state and incarcerated women and clarifies how these intentions are based on orientations toward punishment and 'healing' that demand fundamental rethinking."--Rickie Solinger, author of Pregnancy and Power and co-editor of Interrupted Life: Experiences of Incarcerated Women in the United States "Lynne Haney brings together her stupendous skills as an ethnographer and her theoretical insights into how states work to explain how the treatment of imprisoned women has changed over the past decade. An altogether brilliant book."--Myra Marx Ferree, University of Wisconsin







Interdisciplinary Community Development


Book Description

Interdisciplinary Community Development: International Perspectives is a unique look at the innovations in interdisciplinary community development around the world. International leaders in geography, public policy, administration, social work, education, and public health explore the latest research, programs, and approaches to promote strategies




The Jobseeker's Allowance (Mandatory Work Activity Scheme) Regulations 2011 (S.I. 2011 No. 688)


Book Description

The large majority of those claiming Jobseeker's Allowance make every effort to find work. But some customers do just enough to meet the conditions of their claim while at the same time continually failing to demonstrate the focus and discipline that is a key requirement of finding, securing and retaining employment. Mandatory Work Activity is being introduced to enable advisers to address this problem, supporting this particular group of customers at the earliest possible stage. But the Committee finds that published evidence is at best ambivalent about the chances of such 'workfare' type activity improving outcomes for people who are out of work. It is worried about the precedent set by appearing to punish claimants who are satisfying the conditionality rules (otherwise they would be subject to a sanction) but who, in the view of a Personal Adviser appear to display what is deemed to be the 'wrong attitude'. The Committee's key recommendation is that the introduction of this scheme should not continue. Its concerns cover the general principles of the proposals; the way participants will be selected; how placements will be structured and monitored; and the sanction regime attached. The Government, however, does not accept the Committee's recommendations or suggestion that the scheme is a punishment, and sets out its reasons for its position. The proposals are to go ahead.