Legal Rights of Orphan Children in India– an Attempt to Study the Role of Society

2020 ◽  
Author(s):  
Devnarayan Meena
Keyword(s):  
Legal Rights

The International Legal Personality of the Individual

2018 ◽  
Author(s):  
Astrid Kjeldgaard-Pedersen
Keyword(s):  
International Law ◽  
Legal Rights ◽  
Legal Personality ◽  
Legal Norms ◽  
State Of Affairs ◽  
The Individual ◽  
International Legal Personality ◽  
The Relationship ◽  
Second World

This book scrutinizes the relationship between the concept of international legal personality as a theoretical construct and the position of the individual as a matter of positive international law. By testing four main theoretical conceptions of international legal personality against historical and existing international legal norms that govern individuals, the book argues that the common narrative about the development of the role of the individual in international law is flawed. Contrary to conventional wisdom, international law did not apply to States alone until the Second World War, only to transform during the second half of the twentieth century to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is—and always was—solely contingent upon the interpretation of international legal norms. It follows, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international and national legal norms turns exclusively on the nature of their respective sources. Against the background of these insights, the book shows how present-day international lawyers continue to allow an idea, which was never more than a scholarly invention of the nineteenth century, to influence the interpretation and application of contemporary international law. This state of affairs has significant real-world ramifications as international legal rights and obligations of individuals (and other non-State entities) are frequently applied more restrictively than interpretation without presumptions regarding ‘personality’ would merit.

Civil Recourse Theory

2020 ◽  
pp. 52-68
Author(s):  
Benjamin C. Zipursky
Keyword(s):  
Basic Structure ◽  
Tort Law ◽  
Structural Theory ◽  
Legal Rights ◽  
Duty Of Care ◽  
Political Morality ◽  
Role Of The State ◽  
Private Rights ◽  
Negligence Law

This chapter examines civil recourse theory. The phrase “civil recourse theory” has developed two connotations, suggesting: (1) a structural theory of the normative underpinnings of private law liability placing primary emphasis on a plaintiff’s right of redress and the role of the state in affording plaintiffs the power to exact damages from those who have violated the plaintiff’s legal rights; and (2) a distinctive, overarching tort theory that emphasizes a plaintiff’s right of redress while simultaneously emphasizing relational duty in negligence law and torts as legal wrongs. The chapter identifies several other views developed in connection with civil recourse theory but meant to stand apart from it. The thesis that negligence law’s duty of care is relational is among them; so too is the thesis that tort law consists of specifications of legal wrongs, that these wrongs are defined in relatively strict manner, and that plaintiffs must have an injury to prevail on a tort claim. Deploying the narrower conception of civil recourse theory, the chapter defends the principle of civil recourse as a matter of political morality and depicts the place of private rights of action in the basic structure of a just liberal democracy.

Canadian Supreme Court: Delgamuukw V. British Columbia

1998 ◽  
Vol 37 (2) ◽  
pp. 261-333
Author(s):  
Catherine Bell
Keyword(s):  
British Columbia ◽  
Legal Reasoning ◽  
Legal Rights ◽  
Aboriginal Rights ◽  
Canadian Law ◽  
Aboriginal Title ◽  
British Colonial ◽  
Potential Impact ◽  
British Colonies

Delgamuukw v. B.C. is a pivotal decision in the evolution of Canadian law on Aboriginal rights.Numerous meetings, round-tables, workshops and conferences have been held to discuss its potential impact on litigation and negotiation.1 Delgamuukw has also served as a vehicle for discussion of more fundamental issues such as the appropriateness of selecting the judicial forum to resolve Aboriginal title claims and the role of legal reasoning in furthering the process of colonization.2 Given the influence of British colonial law on the development of Aboriginal rights jurisprudence in former British colonies and the restrictions placed by evidentiary presumptions originating in English courts, Delgamuukw may also have persuasive precedential value outside of Canada. In particular, the Supreme Court's elaboration of the concept of Aboriginal rights and its discussion of the weight to be given to oral histories may influence other commonwealth courts which face the demanding task of accommodating the rights of colonized peoples within a contemporary political and legal rights regime.3

On the Nature of Legal Rights

2000 ◽  
Vol 59 (3) ◽  
pp. 473-508 ◽  
Author(s):  
Matthew H. Kramer
Keyword(s):  
Present Article ◽  
Well Being ◽  
Legal Rights ◽  
Interest Theory ◽  
The Status ◽  
Essential Function

This article seeks to uphold the Interest Theory of legal rights by arguing that such a theory can withstand objections and handle difficulties that are often posed against it. Building on the author’s previous defences of the Interest Theory, the present article also seeks to expose some serious shortcomings in competing theories. Among the topics covered are the role of legal powers of enforcing or waiving legal rights; the possibility of rights to be mistreated; and the status of inoperative rights. In each case, so the article argues, the complexities of the issues involved can best be handled by a theory which maintains that the essential function of legal rights is the protection of various aspects of people’s well-being.

scholarly journals SPECIAL ISSUE INTRODUCTION

2017 ◽  
Vol 49 (4) ◽  
pp. 577-582
Author(s):  
Dawn Chatty
Keyword(s):  
Native American ◽  
20Th Century ◽  
Forced Migration ◽  
The United States ◽  
Legal Rights ◽  
Land Occupation ◽  
Late 20Th Century ◽  
Salvage Operation ◽  
Memory Culture

Academic interest in the study of forced migration as a specific field developed only in the late 20th century. But its conceptual tools had a much earlier incarnation in the United States. In the early 20th century historical linguistic and ethnographic research was being conducted with Native American peoples who had been subjected to massive ethnic cleansings in the preceding two centuries. Much of that early work was with tribes who had been displaced, dispossessed, and involuntarily marched into resource-poor reservations. The scientists working with them thought they were engaging in a kind of salvage operation to record ways of life before they disappeared. These researchers largely ignored or failed to recognize the impacts of displacement—destroyed settlements, land occupation, nonviable reservations, inadequate welfare, and hostile administrations and lack of legal rights—and focused instead on trying to reconstruct memory culture of “what life was like in the old days.” Nevertheless, these studies gave us many of our basic concepts to describe and analyze the experience of uprootedness and dispossession. These fundamental concepts have become important in the discipline of forced migration studies. They include understandings of: role and identity, hierarchy, social networks, conflict mechanisms, reciprocity and trust, boundary creation, rites of passage, liminality, and the role of myths.

scholarly journals Much of the ‘economics of property rights’ devalues property and legal rights

2015 ◽  
Vol 11 (4) ◽  
pp. 683-709 ◽  
Author(s):  
GEOFFREY M. HODGSON
Keyword(s):  
Economic Development ◽  
Property Rights ◽  
Legal Rights ◽  
Economic Rights ◽  
Perceived Justice ◽  
Human Motivation ◽  
Hernando De Soto ◽  
Von Mises ◽  
Legal Infrastructure

AbstractLegal theorists and other commentators have long established a distinction between property and possession. According to this usage adopted here, possession refers to control of a resource, but property involves legally sanctioned rights. Strikingly, prominent foundational accounts of the ‘economics of property rights’ concentrate on possession, downplaying the issue of legitimate legal rights (Alchian, 1965, 1977; Barzel, 1994, 1997, 2002; von Mises, 1981). Some authors in this genre make a distinction between ‘economic rights’ and ‘legal rights’ where the former are more to do with possession or the capacity to control. They argue that ‘economic rights’ are primary and more relevant for understanding behaviour. But it is argued here that legal factors – involving recognition of authority and perceived justice or morality – have also to be brought into the picture to understand human motivation in modern societies, even in the economic sphere. As other authors including Hernando De Soto (2000) have pointed out, the neglect of the legal infrastructure that buttresses property has deleterious implications, including a failure to understand the role of property in supporting collateralized loans for innovation and economic development.

scholarly journals Withholding and Withdrawal of Life-Sustaining Treatments in critically ill ICU patients: A study on attitude of Physicians of Bangladesh

2019 ◽  
Vol 7 (2) ◽  
pp. 66-72
Author(s):  
Mohammad Omar Faruq ◽  
ARM Nooruzzaman ◽  
Rownak Jahan Tamanna ◽  
Amina Sultana ◽  
Uzzwal Kumar Mallick ◽  
...  
Keyword(s):  
Low Income ◽  
International Study ◽  
Legal Rights ◽  
Asian Countries ◽  
Middle Income ◽  
Middle Income Countries ◽  
Low Middle Income Countries ◽  
Icu Physicians ◽  
Real Chance

Background : This study is a sub analysis of data submitted on behalf of Bangladesh in an International study ( ACME 2012) involving physicians working in Asian ICUs. Objective : To describe attitude of physicians of ICUs of Bangladesh toward withholding and withdrawal of life sustaining treatments in end of life care, to assess factors associated with these observations and to compare the findings especially with those of physicians of low – middle income Asian ICUs. Method : Self-administered pre-set structured and scenario based survey conducted among 101 physicians working in 38 ICUs of Bangladesh. Results : For patients with no real chance of recovering a meaningful life, 20 of 101 respondents reported that they almost always or often withheld life-sustaining treatments and 18 of 101 respondents almost always or often withdrew life-sustaining treatments.44 respondents in our study reported that they almost always or often withheld life sustaining treatments whereas 10 respondents almost always or often withdrew life sustaining treatments. 72% of all our respondents would implement DNR orders. In Bangladesh, religion (Islam) does not influence decision of complying with DNR order requested by family. Our study showed 71% of physicians were more likely to “do everything” if a patient with hypoxic-ischaemic encephalopathy developed septic shock. In our study, physicians were more ready to withdraw vasopressors and hemo dialysis than enteral feeding and intravenous fluids. Physicians from Bangladesh generally perceived more legal risk with limitation of life sustaining treatments because of lack of legislation for such practices. When it comes to limit aggressive lifesaving treatments, Bangladeshi physicians were less likely accede to families request to withdraw them on financial ground. Conclusion : Like physicians of low-middle income countries of Asia, Bangladeshi ICU physicians’ self-reported practice of limiting life sustaining treatments, role of families and surrogates and perception of legal rights were significantly different than physicians of high income countries of Asia. However unlike physicians from other low income Asian countries, physicians from Bangladesh were less likely to accede to families request to withdraw life sustaining treatments on financial ground. Bangladesh Crit Care J September 2019; 7(2): 66-72

scholarly journals Paralegals and Women Access to Justice : Making Access to Justice of Women Victims of Violence Effective

2018 ◽  
pp. 807-813
Keyword(s):  
Women Victims ◽  
Violence Against Women ◽  
Social Life ◽  
Theoretical Development ◽  
Legal Rights ◽  
Access To Justice ◽  
Legal Method ◽  
Bargaining Position ◽  
Victims Of Violence

This study responds to the fact that the high number of violence against women (KtP) and the weakness of access to justice of women victims of violence, whereas the Government of Indonesia has issued various laws and regulations to protect women. This shows that the face of women, especially women victims of violence in law and social life in Indonesia is very complex.The main obstacle faced by women victims of domestic violence (KDRT) in Surakarta City in accessing justice is the low awareness and understanding of their legal rights. To assist the constraints faced by women victims of violence in accessing justice, the role of intermediaries in this paralegal becomes very important. Therefore, this study will explore the deepening of the role effectiveness and constraints faced by paralegals in the fulfillment of access to justice for women victims Violence in Surakarta City. The purpose of this study is to orient theoretical development on the study of violence against women and access to justice.This research uses qualitative socio-legal method that is interdisciplinary approach to law; Is an alternative approach to conduct an examination of legal studies that are doctrinal.In particular, there are three reasons why the role of paralegals is crucial in helping women victims of access to justice. First, paralegals play the role of "familiarization" of the legal system for poor and marginalized groups such as women victims of violence. Second, paralegals are more accessible to women’s groups. In addition to being easy to find, legal services by paralegals are cheaper than similar services provided by lawyers or advocates. Third, paralegals influence the power relations and bargaining position of women groups that can be seen from reaction changes and other parties’ responses including responses from government institutions and law enforcement agencies. In general, paralegals apply methods of empowerment, education and legal training and representatives of justice seekers. In addition to seeking justice seekers to obtain justice in a real sense, paralegals also build social movements capable of encouraging the settlement of cases and enforcement of women’s rights.Constraints often faced by paralegals in assisting women victims of access to justice are the absence of formal legitimacy for paralegals in terms of legislation, the lack of funds owned by institutions where paralegals are sheltered and formal education level problems for uneven paralegals.

Principles and Rules of Law as Abstract and Specific Legal Regulators

2019 ◽  
Vol 1 ◽  
pp. 14-20
Author(s):  
V. Yu. Panchenko ◽  
◽  
V. N. Vlasenko ◽  
◽  
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Rights ◽  
Negative Consequences ◽  
Legal Principles ◽  
Legal Rules ◽  
Legal Nature ◽  
General Abstract ◽  
Legal Consequences

The author substantiates the thesis that legal rights and obligations (permissions, obligations, prohibitions) by the method of their logical and linguistic expression can be concrete and abstract. The first way is inherent in legal rules, the second – in legal principles. Principles of law are able to act as a guide to action, i. e. to direct, regulate behavior in the most general, abstract form, not only along with, but also instead of the rules of law (regulation of social relations by principles). The author proves the unfoundedness of the theoretical provisions considering principles of law as normative generalizations (since there are cases when there are no norms to be generalized, but there are principles governing this area of public relations) and interpreting principles of law as permitting normative generalizations (since principles can both oblige and prohibit one behavior or another). A theoretically productive and useful for legal practice understanding of principles of law as the initial legal regulator of public relations (V. Ershov) is additionally argued. With this approach, it is possible to objectively detect specific and abstract rules of behavior governing particular segment of public relations in the texts of formal sources of law. The possibility of legal consequences (of both positive and negative nature) of implementation or non- (or improper) implementation of legal principles is indicated. The legal nature of the principles of law is emphasized and the negative consequences of giving the role of the principles of law to social, moral, political and other categories, ideas and ideologies are identified.

scholarly journals Teaching Private Law in a Climate Crisis

2021 ◽  
Author(s):  
Nicole Graham
Keyword(s):  
First Nations ◽  
Climate Science ◽  
Legal Rights ◽  
Private Sphere ◽  
Private Law ◽  
Legal Research ◽  
Private Interests ◽  
Global Goal ◽  
Climate Crisis

First Nations analyses, climate science, social science and legal research indicate the significant role of private law in facilitating the conditions of climate change. Private law is a contingent feature of planetary health because its key concepts and institutions concentrate the legal rights to capital — the goods of life — in the private sphere. Private entitlements can act as shields against collective interests. Reforming law to address the climate crisis involves greater regulation of private interests to pursue the global goal of sustaining organised human societies, and thus addressing conflict between individual freedoms and collective exigencies. Reform depends on a differently educated generation of legal thinkers and practitioners. 

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