scholarly journals A retrospective study of New Zealand case law involving assisted reproduction technology and the social recognition of ‘new’ family

2006 ◽  
Vol 22 (1) ◽  
pp. 17-25 ◽  
Author(s):  
M. Legge ◽  
R. Fitzgerald ◽  
N. Frank
2016 ◽  
Vol 35 (4) ◽  
pp. 26-57 ◽  
Author(s):  
Matthew Scott

This article argues that, as individuals are already applying for refugee status in the context of disasters and climate change, a robust understanding of why disasters happen and how different groups are affected, combined with a principled methodology for determining such claims, are critical aspects of the anxious scrutiny that each claim should receive. The limitations of the “hazards” paradigm, which is shown to be dominant in international refugee law, are highlighted. Adopting the “social” paradigm developed within the field of disaster risk reduction, the argument is advanced that an understanding of disasters as social phenomena within which existing patterns of discrimination contribute to differential impacts, provides a sharper lens with which to consider eligibility for refugee status. The article argues that recent case-law from the New Zealand Immigration and Protection Tribunal reflects an awareness of the social paradigm, and the methodology for determining such claims is described and largely endorsed. It concludes by identifying sources of country of origin information that can help to address some of the evidentiary challenges claimants may face, and argues that the risk assessment under refugee law is more generous than the “immediacy” requirement identified by the New Zealand Immigration and Protection Tribunal in relation to complementary protection claims.


2018 ◽  
Vol 34 (12) ◽  
pp. 1053-1058
Author(s):  
Fiore Pelliccione ◽  
Andrea Lania ◽  
Alessandro Pizzocaro ◽  
Luca Cafaro ◽  
Luciano Negri ◽  
...  

2018 ◽  
Vol 2 (1) ◽  
pp. 17
Author(s):  
Ahmad Fauzi ◽  
Chusnul Muali

Pesantren and social value system is the result of constructing kiai's thoughts and social actions as an inseparable entity. This study aims to interpret the role and social action of kiai Moh Hasan, both as a fighter (al-haiah al-jihaadi li'izzi al-Islaami wal muslimin) in the community as well as guidance and guidance for the community (al-haiah al ta 'awuny wa al takafuly wal al ittijaahi) and teaching in educational institutions (al-haiah al ta'lim wa al-tarbiyah), significantly contributes greatly to the social realities of society in Indonesia. Portrait of central figure kiai Moh Hasan can not be separated from the depth of his field of Islamic science, simplicity, kezuhudan, struggle, sincerity and generosity. This view, not only recognized among the people around the boarding school, students and colleagues, but also spread in some areas in Indonesia. The fame of kiai Moh Hasan among scholars, habaib and society has many karamah and some other privileges, not even a few from the social recognition of kiai Moh Hasan Genggong, because the kiai are believed to have closeness with God, thus perceived as auliya'Allah. Thus the role and social actions of the kiai above, gave birth to the value system, so as to influence and move the social action of other individuals. The internalization of the aforementioned values becomes social capital in building a spiritual-based transformative leadership, as a strong leadership model and conducts various changes in the social field, by transforming the value of the ethical values.


Author(s):  
J. E. Penner

This chapter discusses property law. It considers the idea that property had a “nominalist” ontology, and it was in danger of “disintegration” as a working legal category for that very reason. Nominalism about property has had a significant impact in U.S. case law. The concern here, however, is whether it is a helpful stance to take as a theorist of property. The chapter argues that it is not. There are indeed “high” level abstractions about property which one cannot plausibly do without if one is to understand property rights and property law doctrine. Moreover, the “bundle of rights” (BOR) challenge does not assist one in making sense of these abstractions. The chapter then looks at the conceptual failure of BOR and the New Private Law as it relates to property. BOR is generally regarded as being underpinned by what might be called the Hohfeld-Honoré synthesis. The synthesis rests upon a fairly serious mistake, which is that while the Hohfeldian examination of jural norms is analytic if it is anything, Honor’s elaboration of the incidents making up ownership is anything but—it is functional. This means that Honoré describes the situation of the owner not principally in terms of his Hohfeldian powers, duties, and rights vis-à-vis others, but in terms of the social or economic advantages that an owner has by virtue of his position, and the terms and limitations of those advantages.


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