12. The Administration of Trusts

2019 ◽  
pp. 593-636
Author(s):  
Paul S Davies ◽  
Graham Virgo
Keyword(s):  
Best Interests ◽  
Administrative Responsibilities ◽  
Fair Balance ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter elaborates on the issues regarding the administration of a trust and its relation to the trustees. Trustees are responsible for the administration of the trust and are subject to certain duties and have a number of powers relating to trust administration. To assist with the administration of the trust, trustees have the option, collectively and individually, to delegate certain functions to others. They are required to perform their administrative responsibilities diligently, and are subject to a duty to comply with the standard of skill and care expected of all trustees. Trustees have a duty to act in the interests of all the beneficiaries, maintaining a fair balance between them. They are also responsible for safeguarding the trust assets for the benefit of all beneficiaries, and, as such, have a duty to invest trust assets in the best interests of present and future beneficiaries.

6. Incapacity II: Children

Medical Law ◽  
2019 ◽  
pp. 302-350
Author(s):  
Emily Jackson
Keyword(s):  
Decision Making ◽  
Medical Treatment ◽  
Best Interests ◽  
Court Cases ◽  
Parental Decision ◽  
Parental Decision Making ◽  
The Difference ◽  
Consent To Medical Treatment ◽  
Academic Debate ◽  
Right To Refuse

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate; providing able students with a stand-alone resource. This chapter discusses children’s medical treatment. It looks at the limits of parental decision-making, and cases in which the courts have overruled parental wishes in order to protect the child’s best interests. Where parents cannot agree with each other about serious medical treatment, or where the treatment is especially controversial, decisions might also need to go before a court. Cases involving withdrawing or withholding life-prolonging treatment are also covered. In relation to mature minors, it discusses the concept of Gillick-competence and the difference that has arisen between the child’s right to consent to medical treatment and her much more limited right to refuse.

14. Fiduciary Obligations

2019 ◽  
pp. 668-722
Author(s):  
Paul S Davies ◽  
Graham Virgo
Keyword(s):  
Best Interests ◽  
High Court ◽  
Fiduciary Obligations ◽  
Duty Of Loyalty ◽  
Fiduciary Relationships ◽  
Definition Of ◽  
High Court Of Australia ◽  
The Relationship ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter begins with a definition of fiduciary relationships as presented by a retired judge of the High Court of Australia, Sir Anthony Mason. According to Mason, the relationship is a ‘concept in search of a principle’. Fiduciary relationships are voluntary, and some relationships, such as solicitor–client, are well recognized as fiduciary in nature. However, fiduciary relationships can arise in a wide variety of situations. A fiduciary owes a duty of loyalty to his or her principal, always acting in the best interests of said principal. Fiduciary obligations are strict, and any profits made by the fiduciary in breach must be disgorged to his or her principal. Where the profits are made from property that rightfully belonged to the trust, a constructive trust may be imposed upon the profits.

Spiritual Healing, Sick Kids and the Law: Inequities in the American Healthcare System

2003 ◽  
Vol 29 (2-3) ◽  
pp. 269-299
Author(s):  
Janna C. Merrick
Keyword(s):  
Medical Science ◽  
Spiritual Healing ◽  
Best Interests ◽  
Legal Rights ◽  
High Tech ◽  
Divine Love ◽  
Religious Minority ◽  
Human Need ◽  
East End ◽  
The Church

Main Street in Sarasota, Florida. A high-tech medical arts building rises from the east end, the county's historic three-story courthouse is two blocks to the west and sandwiched in between is the First Church of Christ, Scientist. A verse inscribed on the wall behind the pulpit of the church reads: “Divine Love Always Has Met and Always Will Meet Every Human Need.” This is the church where William and Christine Hermanson worshipped. It is just a few steps away from the courthouse where they were convicted of child abuse and third-degree murder for failing to provide conventional medical care for their seven-year-old daughter.This Article is about the intersection of “divine love” and “the best interests of the child.” It is about a pluralistic society where the dominant culture reveres medical science, but where a religious minority shuns and perhaps fears that same medical science. It is also about the struggle among different religious interests to define the legal rights of the citizenry.

Best Interests of the Child-Questionnaire

2012 ◽  
Author(s):  
A. Elianne Zijlstra ◽  
Margrite E. Kalverboer ◽  
Wendy J. Post ◽  
Erik J. Knorth ◽  
Mijntje D. C. Ten Brummelaar
Keyword(s):  
Best Interests ◽  
Child Questionnaire

Derrida on Pornography: Putting (It) Up for Sale

Derrida Today ◽  
2013 ◽  
Vol 6 (1) ◽  
pp. 97-114 ◽  
Author(s):  
Christopher Morris
Keyword(s):  
Cultural Studies ◽  
English Translation ◽  
The Body ◽  
The Past ◽  
French Original ◽  
Definition Of ◽  
Critical Discourses ◽  
Academic Debate

Over the past thirty years, academic debate over pornography in the discourses of feminism and cultural studies has foundered on questions of the performative and of the word's definition. In the polylogue of Droit de regards, pornography is defined as la mise en vente that is taking place in the act of exegesis in progress. (Wills's idiomatic English translation includes an ‘it’ that is absent in the French original). The definition in Droit de regards alludes to the word's etymology (writing by or about prostitutes) but leaves the referent of the ‘sale’ suspended. Pornography as la mise en vente boldly restates the necessary iterability of the sign and anticipates two of Derrida's late arguments: that there is no ‘the’ body and that performatives may be powerless. Deriving a definition of pornography from a truncated etymology exemplifies the prosthesis of origin and challenges other critical discourses to explain how pornography can be understood as anything more than ‘putting (it) up for sale’.

Opinions Regarding the Principle of Promoting with Priority the Superior Interest of the Child in the Regulation of Law No. 272/2004 and the Romanian Civil Code

2020 ◽  
Vol 26 (2) ◽  
pp. 150-156
Author(s):  
Aurelia Teodora Drăghici ◽  
Andrei Murgu ◽  
Teodor Bodoașcă
Keyword(s):  
Children's Rights ◽  
Civil Code ◽  
Children’S Rights ◽  
Best Interests ◽  
Legal Analysis ◽  
Best Interest ◽  
Regulation Of Law

SummaryThe study is devoted mainly to the logical-legal analysis of the provisions of art. 2 of Law no. 272/2004 on the promotion and protection of children’s rights, as well as art. 263 of the Civil Code, which establish the main normative solutions regarding the “priority promotion of the principle of the best interests of the child”. Although the phrase “the best interests of the child” is used in the construction of many rules of Law no. 272/2004, the Civil Code and other normative acts, the legislator refrained from establishing its significance, leaving this approach to the doctrine. The proposed study is intended to be a contribution to achieving this goal. We were also concerned with the identification of normative inaccuracies and the substantiation of pertinent proposals of lege ferenda for the improvement of the regulations regarding the principle of promoting with priority the principle of the best interest of the child.

Media Baru dan Fenomena Komunikasi Politik pada Pemilukada di Provinsi Banten 2011

2011 ◽  
Vol 3 (2) ◽  
pp. 23-34
Author(s):  
Afdal Makkuraga Putra
Keyword(s):  
New Media ◽  
Political Communication ◽  
Communication Technology ◽  
Freedom Of Expression ◽  
New Order ◽  
Surprising Result ◽  
Information And Communication ◽  
Use Of Internet ◽  
New Phase ◽  
Fair Balance

Political system in Indonesia after New Order regime has entered into a new phase, which is both fundamentally and practically different. With the growth of freedom of expression and the rise of information and communication technology (ICT), the use and practices of political communication is also striking a fair balance, two-ways direction, no longer dominated by government-only apparatuses. The use of internet and New Media in political communication realm has been pioneered since 1997, and has been growing ever since, thanks to the new practices of local election (Pilkada). This paper will address firstly, the theoretical framework of political communication in e-Democracy, and secondly, the application of New Media (website, blog, and social media sites) in local-based political communication, namely Pilkada in Banten at October 23, 2011. Having analysed the phenomenon in question, a surprising result appears. Even though all candidates of Governor and Deputy Governor of recent Pilkada Banten have used New Media as their communication and campaign media, nevertheless the interactivity factor embedded within those “New Media use” are largely neglected. Keywords: e-Democracy, political communication, New Media, interactivity.

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