Suchergebnisse

Focuses on the status of Jews and Muslims since the introduction of Article 16.3 in the 1978 Constitution.

Combining socio-legal and ethnohistorical studies, this book presents the history of doodem, or clan identification markings, used by Anishinaabe on treaties and other legal documents from the seventeenth through the nineteenth centuries. These doodem images reflected fundamental principles behind Anishinaabe governance that were often ignored by Europeans, who referred to Indigenous polities in terms of tribe, nation, band, or village - classifications that failed to fully encompass long-standing cultural traditions of political authority and alliances within Anishinaabe society. Making creative use of natural history, treaty pictographs, and the Ojibwe language as an analytical tool, Bohaker delivers new insights into Anishinaabe law. The author asks not only what these doodem markings indicate, but what they may also reveal through their exclusions. The book also outlines the continuities, changes, and innovations in Anishinaabe governance through the concept of council fires and the alliances between them. --From publisher description

Summary This study contributes to the ongoing efforts to address systemic inequality within social work by examining Canadian social workers' attitudes toward immigrants who are permanent residents (PR), refugees, temporary residents (TR), or undocumented immigrants. Using a cross-sectional design with a convenience sample (n = 653), we explore how social workers' attitudes toward immigrants vary in relation to (a) respondents' demographics, (b) contact with immigrants, (c) perceptions of equal opportunities among immigrants, (d) perceptions of deservingness for immigrants with different legal statuses, and (e) the impact of the COVID-19 pandemic on these attitudes. Findings While Canadian social workers generally express positive attitudes toward immigrants, there is a slightly stronger endorsement for PR and refugees to access public services compared to nonstatus (NS) immigrants and TR. Social workers who identify as conservative or have limited contact with immigrants are more likely to perceive NS immigrants as potential criminal threats or burdens on the healthcare system. Significantly, a majority of respondents feel that their social work training inadequately prepares them to work effectively with immigrants. Applications Canadian social workers advocate for principles of diversity, inclusion, and commitment to social justice. However, perceptions regarding which immigrants deserve access to social services vary based on legal status, suggesting a limitation in social workers' professional mandate. The study discusses implications for social work education and training, emphasizing the need to address and unsettle systemic racism within the profession.

The Canadian Constitution of 1867 as written should have provided the authoritative guide to the law governing the division of powers between the national and provincial governments of Canada, but by the 1940s the federal constitution was a very different document to that composed originally by John A. Macdonald and his colleagues. In this engaging and exhaustive examination of the critical role of the courts? the Judicial Committee of the Privy Council and the Supreme Court of Canada? in shaping Canadian federalism, John Saywell argues that the courts always have and still do 'make law'? law that can be largely subjective and often bears little relationship to the text or purposes of the Constitution. Saywell begins his analysis by offering new evidence and insights on the structure of the 1867 constitution. Relying heavily on the voices of the actors themselves, his analysis moves beyond a simple examination of previously published reports and examines oral arguments before the Judicial Committee, largely from manuscripts, to determine how the Committee interacted with counsel, developed their arguments, and came to their conclusions. Critical of the jurisprudence of the Judicial Committee, which he argues virtually eliminated some of the critical legislative powers of the federal government and destroyed its capacity to act on the economic and social problems of the twentieth century, Saywell credits the Supreme Court with restoring the balance in the federation and strengthening the national government. Comprehensive, ambitious, and detailed, The Lawmakers will be the definitive work on the evolution of the law of Canadian federalism.

This work, a partial history of Iranian laws between 1906 and 2020, demonstrates that the main obstacle to improving the legal status of non-Muslims in Muslim contexts is the fiqhī opinions, which are mistakenly regarded as an integral part of the Islamic faith. It aims to clarify why and how Islamic Shiite rulings about non-Muslims shifted to the Iranian laws and how it is possible to improve the legal status of the Iranian non-Muslims under the Islamic government

Mesopotamian and biblical societies in antiquity were characterized by their patriarchal structure. The father was head of the family unit, and his rule extended over many areas of life. He had broad legal authority over the members of his household, including his offspring. It is therefore expected that in the ancient sources a dominant father figure would be mentioned alone or almost alone. And yet, in Mesopotamian and biblical texts, particularly legal writings, the exclusivity of the father is not always explicit. In many of the Mesopotamian and biblical writings, especially legal texts, the mother is mentioned in various contexts and in a range of realms, mainly those pertaining to her offspring. This intriguing phenomenon raised the question whether the mother in the ancient Near East and ancient Israel had legal authority in the household. The book The Legal Status of the Mother in the Ancient Near East and the Bible sheds light on the world of the ancient mothers and their status within the households and the societies in which they lived. This study demonstrates that the mother acted by virtue of the legal status she possessed in matters related to her sons and daughters' marriages and their behavior towards her. This book is for those walking in the fields of Mesopotamian and biblical research, and for readers interested in the universal subject in question - the relations between the mother and her offspring

The legal status of the foreigner has always been of particular interest, as it has been found over time that the rights that a natural or legal person may have in a foreign country have particular consequences. Part of the population of a country other than the one in which he is located or lives, the foreigner who does not have Romanian citizenship, but who is found on the territory of a state, may have the status of stateless, refugee or displaced person. The foreigner's legal condition contains all the legal norms that regulate the legal acts and deeds of foreigners, natural or legal persons. The legal norms that regulate this matter are material norms that belong to Romanian law and, as such, the legal condition of the foreigner is subject to Romanian law, as the law of the forum, respectively as the law of the place where the foreigner is found. The sufficiently rich Romanian legislation that regulates the field took into account the particular nature of social relations, aiming to be as close as possible to concrete situations. The current trend, contained mainly in the provisions of the Civil Code that "liberalizes" the possibility of applying a different rule of law than the classical one, we consider to be a step forward and is in line with the obvious progress of the science of conflict law, also resulting from its historical evolution. The foreigner's legal status is made up of the set of rights and obligations they enjoy based on state legislation and according to international conventions. This means, concretely, the set of legal rules that regulate the foreigner's ability to use, i.e. the rights and obligations he has in a state as a foreigner. We emphasize that, also in the case of the legal person, the legal condition of the foreigner can be used, this being "that collective subject of law, holder of rights and obligations, whose personal status is governed by its national law".