scholarly journals The New Precariousness: Temporary Migrants and the Law in Canada

2012 ◽  
Vol 27 (2) ◽  
pp. 209-229 ◽  
Author(s):  
Sarah Marsden
Keyword(s):  
Migrant Worker ◽  
Historical Context ◽  
Migration Status ◽  
The Past ◽  
Alternative Approach ◽  
Economic Participation ◽  
The Law ◽  
Legislative Changes ◽  
Temporary Migrants ◽  
Migration Law

AbstractIn this article, I argue that precarious migration status can be used as an organizing concept for an analysis of (im)migration law in Canada. After situating the regulation of precarious migrants in the historical context of the liberal/neo-liberal shift of the 1970s, I argue that the increase in migrant precariousness over the past few years is likely to increase as a result of recent legislative changes in both refugee and migrant-worker law. Finally, I offer a critique of the traditional liberal argument for migrant rights, inviting an alternative approach to establish migrant rights on the basis of economic participation.

Pro-market governance, migration status and worker vulnerability: The case of Australian horticulture

2019 ◽  
pp. 0143831X1986175
Author(s):  
Diane van den Broek ◽  
Chris F Wright ◽  
Joanna Howe ◽  
Alexander Reilly
Keyword(s):  
Migrant Workers ◽  
Trade Unions ◽  
Migrant Worker ◽  
Migration Status ◽  
Labour Rights ◽  
Temporary Migrant ◽  
Market Governance ◽  
And Migration ◽  
Worker Exploitation ◽  
Temporary Migrants

The migration status of temporary migrant workers is often presented as a major determinant of labour rights and worker vulnerabilities. Using a sequential mixed method approach this article interrogates this proposition to examine the factors exacerbating temporary migrant worker exploitation within the Australian horticulture industry. The article finds that temporary migrants’ access to labour rights are shaped by their migration status. However, in contrast to prevalent assumptions, visa conditions play a preliminary, rather than a deterministic, role in this vulnerability. The article argues that notwithstanding the considerable links between vulnerability and migration status, changes in the political economy of Australian horticulture towards neoliberal or ‘pro-market governance’ arrangements have been central drivers of worker vulnerability. It focuses on three manifestations of these arrangements – the intensification of supply chain pressures, the emergence of labour market intermediaries, and the reduced presence of trade unions – as critical actors shaping temporary migrant worker agency.

“The Principle of the Codification We Recommend Has Never Yet Been Understood”

2000 ◽  
Vol 18 (2) ◽  
pp. 441-444 ◽  
Author(s):  
Lindsay Farmer
Keyword(s):  
Criminal Justice ◽  
Historical Context ◽  
The State ◽  
Time And Space ◽  
The Past ◽  
Theoretical Support ◽  
The Law ◽  
Successive Generations

The words of Henry Bellenden Ker, Law Commissioner, quoted as the title of this response, were truer than he knew. In protesting that the commissioners' project was less radical than was alleged by the opponents of codification, he sought principally to gain parliamentary time and space for consideration of the commissioners' work. However, his words contain a deeper vein of truth. The work of the law commissioners has been praised and criticized, celebrated and ignored, over the past one hundred and fifty years, but never yet properly understood. Even as the commissioners' reports have been plundered by successive generations of legal scholars in search of doctrinal and theoretical support for their own very contemporary concerns, there has been a continuing neglect of the commissioners' overall project and little attempt to link it to the significant transformations in punishment and the administration of criminal justice that were occurring in the same period. Accordingly, any reassessment of the commissioners' work should address these two issues: understanding their project as a whole and placing codification within the general historical context of the modernizing of the state and institutions of criminal justice. It is these two concerns that the commentators address in their responses.

Rekindling the Flame: Zoroastrianism in Iraqi Kurdistan

2019 ◽  
Vol 7 (2) ◽  
pp. 161-188
Author(s):  
Samme Dick
Keyword(s):  
Historical Context ◽  
Islamic State ◽  
Organisational Structure ◽  
Kurdistan Region ◽  
Legislative Change ◽  
Iraqi Kurdistan ◽  
The World ◽  
Legislative Changes ◽  
New Religion

This article examines the emergence of Zoroastrianism in the Kurdistan Region of Iraq since 2015 as a new religion inspired by Kurdish nationalism, feminism, ecologism and humanism. The author argues that the emergence of Zoroastrianism at this particular time is due to a combination of the rise of the Islamic State in Iraq and the Levant in 2014, legislative change and the importance some Kurdish nationalists historically attached to Zoroastrianism as the suggested original religion of the Kurds. The article outlines the historical context of Zoroastrianism in Kurdistan, and then explores the origins, beliefs and organisational structure of Kurdish Zoroastrianism. Also discussed are the legislative changes enabling the rise of the movement since 2015. This study draws on interviews with Kurdish Zoroastrian leaders as well as with representatives from the World Zoroastrian Organization, the Kurdistan Regional Government’s Ministry of Endowments and Religious Affairs and the Alliance of Iraqi Minorities.ABSTRACT IN KURMANJIJi nû ve pêxistina agir: Baweriya Zerduştî li Kurdistana IraqêEv gotar, li ser peydabûna Zerduştiyê li Herêma Kurdistanê ya Iraqê hûr dibe, ku ji 2015an vir ve wek dînekî nû yê ji netewegeriya kurd, femînîzm, ekolojîzm û humanîzmê îlham wergirtî tê dîtin. Nivîskar îddia dike ku peydabûna Zerduştiyê ya bi taybetî wê demê ji ber hejmareke sedeman e: di 2014an de peydabûn û xurtbûna Dewleta Îslamî li Iraqê û Levantê, guherîna qanûnî û girîngiya nêrîna hin netewegerên kurd ku ji aliyê dîrokî Zerduştiyê wek dînê resen ê kurdan dibînin. Gotar, çarçoveya dîrokî ya Zerduştiyê li Kurdistanê bi kurtî rave dike û paşê li kok, bawerî û avahiya rêxistinî ya Zerduştiya kurdî dikole. Ji hêleke din, nîqaş dike ku guherînên hiqûqî ji 2015an vir ve rê li ber xurtbûna tevgerê vekiriye. Ev xebat xwe dispêre hevpeyvînên bi rêberên Zerduştiyên kurd re ligel hin şandeyên ji Rêxistina Zerduştiyan a Cîhanê, Wezareta Bexş û Karên Dînî ya Hikumeta Herêma Kurdistanê û Hevpeymaniya Kêmîneyên Iraqê.ABSTRACT IN SORANIGeşandinewey agireke: Zerdeştêtî le Kurdistanî ÊraqdaEm babete timaşay rewşî  wediyarkewtinî Zerdeştêtî dekat le Kurdistanî Êraqda, le sall 2010da wek ayînêkî nwê debînrêt ke le netewegerîy kurdî, fêmênîzm, jîngeparêzî û mirovparêzî îlham werdegirêt. Nûser bangeşey ewe dekat ke derkewtinî Zerdeştêtî lem kateda ke Dewlletî Îslamî Da'îş le Şam û Êraq le 2013 ser helldeda û be yasa rêgey pê dedirêt, şitêkî giringe  bo gerranewey kurd bo  ayînî neteweyî xoy wek ewey ke hendêk kurdî neteweperist  basî deken.  Babeteke rîşey mêjûyî Zerdeştêtî le Kurdistan nîşan dedat, herwaş rîşey  bawerr û binaẍey damezrawey Zerdeştêtî dedate ber roşnayî. Dîsan guftugoy gorranî yasa lew bareyewe bote hoyî derkewtinî em ayîne le 2015da. Em babete legell serok û bawerrdaranî Zerdeştîy le Kurdistan û damezrawey Zerdeştîyanî cîhanî û legell wezaretî karubarî ayînî le ḧukumetî herêmî Kurdistan û damezrawey kemînekanî Êraqda çawpêkewtinî encam dawe.ABSTRACT IN ZAZAKINewe ra geşkerdişê adirî: Kurdîstanê Îraqî de zerduştîyeNa meqale qayîtê zerduştîye kena ke sey bawerîya newîye serra 2015î ra nat Herêmê Kurdîstanî yê Îraqî de vejîyaye û hetê neteweperwerîya kurdan, femînîzm, dorûverperwerîye û merdimperwerîye ra îlham girewt. Nuştox musneno ke vejîyayîşê zerduştî yê ê demî çend sebeban ra qewimîya: hêzdarbîyayîşê DAÎŞ yê serra 2014î, vurîyayîşê qanûnî û tayê neteweperwerê kurdan ê ke tarîx de giranî daye zerduştîye ser ke aye sey dînê kurdan o eslî pêşnîyaz bikerê. Na meqale xulasaya kontekstê tarîxî yê zerduştîya Kurdîstanî dana û dima esl, bawerî û awanîya rêxistinan yê zerduştîya kurdan ser o cigêrayîş kena. Ser o kî vurîyayîşê qanûnî munaqeşe benê. Nê vurîyayîşî serra 2015î ra nat vejîyayîşê tevger kerd mumkîn. No cigêrayîş roportajanê bi serekanê kurdan ê zerduştîye û bi temsîlkaranê Rêxistina Zerduştîyan a Dinya, Wezaretê Ewqaf û Kar û Barê Dînî yê hukmatê Herêmê Kurdîstanî û Yewîya Eqalîyetanê Îraqî esas gêno

Moving Figures

2018 ◽  
Author(s):  
Corey Kai Nelson Schultz
Keyword(s):  
Social Change ◽  
Historical Context ◽  
Emotional Responses ◽  
Economic Reforms ◽  
The Past ◽  
Sixth Generation ◽  
Economic Transformations ◽  
Structures Of Feeling ◽  
Raymond Williams

This book examines how the films of the Chinese Sixth Generation filmmaker Jia Zhangke evoke the affective “felt” experience of China’s contemporary social and economic transformations, by examining the class figures of worker, peasant, soldier, intellectual, and entrepreneur that are found in the films. Each chapter analyzes a figure’s socio-historical context, its filmic representation, and its recurring cinematic tropes in order to understand how they create what Raymond Williams calls “structures of feeling” – feelings that concretize around particular times, places, generations, and classes that are captured and evoked in art – and charts how this felt experience has changed over the past forty years of China’s economic reforms. The book argues that that Jia’s cinema should be understood not just as narratives that represent Chinese social change, but also as an effort to engage the audience’s emotional responses during this period of China’s massive and fast-paced transformation.

THE 2017 AMENDMENTS TO THE LAW REFORM (MARRIAGE AND DIVORCE) ACT 1976: A MILESTONE OR A STONE’S THROW IN THE DEVELOPMENT OF MALAYSIAN FAMILY LAW?

2020 ◽  
Vol 28 (2) ◽  
pp. 449-479
Author(s):  
Sridevi Thambapillay
Keyword(s):  
Child Custody ◽  
Family Law ◽  
Law Reform ◽  
The Real ◽  
The Past ◽  
Marriage And Divorce ◽  
Conversion To Islam ◽  
Family Issues ◽  
The Law ◽  
Muslim Family

The Law Reform (Marriage and Divorce) Act 1976 (LRA) which was passed in 1976 and came into force on 1st March 1982, standardized the laws concerning non-Muslim family matters. Many family issues concerning non-Muslim have emerged ever since, the most important being the effects of unilateral conversion to Islam by one of the parties to the marriage. There has been a lot of public hue and cry for amendments to be made to the LRA. After much deliberation, the Malaysian Parliament finally passed the amendments to the LRA in October 2017, which came into force in December 2018. Although the amendments have addressed selected family law issues, the most important amendment on child custody in a unilateral conversion to Islam was dropped from the Bill at the last minute. Howsoever, at the end of the day, the real question that needs to be addressed is whether the amendments have resolved the major issues that have arisen over the past four decades? Hence, the purpose of this article is as follows: first, to examine the brief background to the passing of the LRA, secondly, to analyse the 2017 amendments, thirdly, to identify the weaknesses that still exist in the LRA, and finally, to suggest recommendations to overcome these weaknesses by comparing the Malaysian position with the Singaporean position. In conclusion, it is submitted that despite the recent amendments to the LRA, much needs to be done to overcome all the remaining issues that have still not been addressed.

Lamarck’s Two Legacies: A 21st-Century Perspective on Use-Disuse and the Inheritance of Acquired Characters

2015 ◽  
Vol 3 (5) ◽  
Author(s):  
Eva Jablonka ◽  
Ehud Lamm
Keyword(s):  
21St Century ◽  
Cultural Evolution ◽  
Historical Context ◽  
Physiological Model ◽  
Future Generations ◽  
Biological Plasticity ◽  
Inheritance Of Acquired Characters ◽  
The Law ◽  
Acquired Characters

<p class="p1"><span class="s1"><strong>Abstract </strong></span>| Lamarck has left many legacies for future generations of biologists<span class="s2"><strong>. </strong></span>His best known legacy was an explicit suggestion, developed in the <em>Philosophie zoologique </em>(PZ), that the effects of use and disuse (acquired characters) can be inherited and can drive species transformation.This suggestion was formulated as two laws, which we refer to as the law of biological plasticity and the law of phenotypic continuity<span class="s2"><strong>. </strong></span>We put these laws in their historical context and distinguish between Lamarck’s key insights and later neo-Lamarckian interpretations of his ideas<span class="s2"><strong>.</strong></span>We argue that Lamarck’s emphasis on the role played by the organization of living beings and his physiological model of reproduction are directly relevant to 21st-century concerns, and illustrate this by discussing intergenerational genomic continuity and cultural evolution.</p>

scholarly journals Does the Law Determine What Heritage to Remember?

2021 ◽  
Author(s):  
Marie-Sophie de Clippele
Keyword(s):  
Cultural Identity ◽  
Cultural Heritage ◽  
State Intervention ◽  
Historical Knowledge ◽  
Human Right ◽  
Political Will ◽  
The Public ◽  
The Past ◽  
The Law ◽  
Ideological Manipulation

AbstractCultural heritage can offer tangible and intangible traces of the past. A past that shapes cultural identity, but also a past from which one sometimes wishes to detach oneself and which nevertheless needs to be remembered, even commemorated. These themes of memory, history and oblivion are examined by the philosopher Paul Ricoeur in his work La mémoire, l’histoire, l’oubli (2000). Inspired by these ideas, this paper analyses how they are closely linked to cultural heritage. Heritage serves as a support for memory, even if it can be mishandled, which in turn can affect heritage policies. Memory and heritage can be abused as a result of wounds from the past or for reasons of ideological manipulation or because of a political will to force people to remember. Furthermore, heritage, as a vehicule of memory, contributes to historical knowledge, but can remain marked by a certain form of subjectivism during the heritage and conservation operation, for which heritage professionals (representatives of the public authority or other experts) are responsible. Yet, the responsibility for conserving cultural heritage also implies the need to avoid any loss of heritage, and to fight against oblivion. Nonetheless, this struggle cannot become totalitarian, nor can it deprive the community of a sometimes salutary oblivion to its own identity construction. These theoretical and philosophical concepts shall be examined in the light of legal discourse, and in particular in Belgian legislation regarding cultural heritage. It is clear that the shift from monument to heritage broadens the legal scope and consequently raises the question of who gets to decide what is considered heritage according to the law, and whether there is something such as a collective human right to cultural heritage. Nonetheless, this broadening of the legislation extends the State intervention into cultural heritage, which in turn entails certain risks, as will be analysed with Belgium’s colonial heritage.

A general risk process and its properties

1992 ◽  
Vol 29 (1) ◽  
pp. 73-81 ◽  
Author(s):  
Thomas H. Scheike
Keyword(s):  
Risk Process ◽  
Jump Size ◽  
The Past ◽  
Distributional Properties ◽  
Jump Time ◽  
The Law ◽  
Jump Sizes

We construct a risk process, where the law of the next jump time or jump size can depend on the past through earlier jump times and jump sizes. Some distributional properties of this process are established. The compensator is found and some martingale properties are discussed.

scholarly journals The Meaning of the Phrase τα στοιχεια του κοσμου in Galatians

2007 ◽  
Vol 53 (2) ◽  
pp. 204-224 ◽  
Author(s):  
MARTINUS C. DE BOER
Keyword(s):  
Historical Context ◽  
Close Attention ◽  
Difficult Question ◽  
The Law

This article seeks a fresh answer to the difficult question of the meaning of the phrase τα στοιχεια του κοσμου in Gal 4.3. The answer is sought by paying close attention to (1) the argumentative context of Paul's use of the phrase in the letter (he posits some sort of equivalence between the veneration of τα στοιχεια του κοσμου and the observance of the Law; he does so for contextually relevant theological and rhetorical reasons), and (2) the cultural-historical context of the addressees, the Gentile believers in Galatia (τα στοιχεια are ‘the gods’ they once venerated; this veneration involved calendrical observances).

Nowcasting with Data Assimilation: A Case of Global Satellite Mapping of Precipitation

2016 ◽  
Vol 31 (5) ◽  
pp. 1409-1416 ◽  
Author(s):  
Shigenori Otsuka ◽  
Shunji Kotsuki ◽  
Takemasa Miyoshi
Keyword(s):  
Data Assimilation ◽  
Space Time ◽  
Motion Vectors ◽  
The Past ◽  
Variational Techniques ◽  
Alternative Approach ◽  
Ensemble Transform Kalman Filter ◽  
Global Precipitation ◽  
Time Extrapolation ◽  
Satellite Mapping

Abstract Space–time extrapolation is a key technique in precipitation nowcasting. Motions of patterns are estimated using two or more consecutive images, and the patterns are extrapolated in space and time to obtain their future patterns. Applying space–time extrapolation to satellite-based global precipitation data will provide valuable information for regions where ground-based precipitation nowcasts are not available. However, this technique is sensitive to the accuracy of the motion vectors, and over the past few decades, previous studies have investigated methods for obtaining reliable motion vectors such as variational techniques. In this paper, an alternative approach applying data assimilation to precipitation nowcasting is proposed. A prototype extrapolation system is implemented with the local ensemble transform Kalman filter and is tested with the Japan Aerospace Exploration Agency’s Global Satellite Mapping of Precipitation (GSMaP) product. Data assimilation successfully improved the global precipitation nowcasting with the real-case GSMaP data.

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