The Social Context of Sexual Harassment: Managerial Interpretations of the Law

2018 ◽  
pp. 43-56
Author(s):  
Mia L. Cahill
Keyword(s):  
Social Context ◽  
Sexual Harassment ◽  
The Social ◽  
The Law

The Rule of Law

2018 ◽  
Author(s):  
N. W. Barber
Keyword(s):  
Social Context ◽  
Rule Of Law ◽  
The State ◽  
Successful Operation ◽  
The Rule Of Law ◽  
The Social ◽  
The Law

The rule of law requires that law make the differences it purports to make; linking the formal demands of law and the reality of the rules that structure power within a community. The chapter begins by outlining the rule of law. There are two aspects to the principle: first, the rule of law requires that laws be expressed in a way that enable people to obey the law; secondly, the rule of law requires that the social context is such that people are led to obey these rules. The second part of the chapter examines the connection between the rule of law and the state. First, it will be contended that states need to comply—to a degree—with the rule of law in order to exist. Secondly, in societies such as ours, non-state legal orders require the existence of the state, and state legal orders, for their successful operation.

Lying and the Law

2018 ◽  
pp. 482-494
Author(s):  
Stuart P. Green
Keyword(s):  
Social Context ◽  
Legal Regulation ◽  
Government Officials ◽  
Political Candidates ◽  
Chilling Effect ◽  
Criminal Sanctions ◽  
The Social ◽  
The Media ◽  
The Law

This chapter considers the various ways in which the law regulates lies and other forms of deception. In the case of offenses such as perjury, fraud, and rape by deception, it takes a hard line, subjecting offenders to serious criminal sanctions. With respect to deception used by the police (during interrogations) and lawyers (in litigation), the law is more tolerant. And lies told by the media and by political candidates are sometimes regarded as constitutionally protected and therefore beyond the scope of permissible legal regulation entirely. The main point is that the law’s treatment of deception varies significantly depending on the role of the person deceiving (e.g., private individuals versus government officials), the social context in which the deception occurs (e.g., courtrooms, the marketplace, police stations, and sexual encounters), the harms the deception is believed to cause, and the chilling effect its regulation might entail.

scholarly journals Restating the common law? The Social Action, Responsibility and Heroism Act 2015

Legal Studies ◽  
2017 ◽  
Vol 37 (4) ◽  
pp. 577-598 ◽  
Author(s):  
James Goudkamp
Keyword(s):  
Social Context ◽  
Social Action ◽  
Common Law ◽  
Personal Injury ◽  
Large Network ◽  
Reasonable Care ◽  
The Social ◽  
The Common ◽  
The Law

The Social Action, Responsibility and Heroism Act 2015 entered into force on 13 April 2015. It is too soon for it to have been considered judicially, and it has not yet been subjected to sustained academic analysis. Accordingly, this article considers its impact. In doing so, it situates the Act in its social context and draws attention to the fact that it is part of a large network of statutes that share the same objectives. It is argued, contrary to prevailing views, that parts of the Act change the law. It is also maintained that the Act’s reach is not confined to personal injury cases or even to tort cases. It potentially applies far more widely, including to contractual actions that allege a failure to take reasonable care. In addition to analysing the Act, this article investigates why the legislature might want to restate the common law (which is what the Act does in part), whether replicating the common law is desirable and, if the legislature is bent on restating the common law, how it should go about doing so.

2. The social context of the legal profession

Legal Ethics ◽  
2017 ◽  
Author(s):  
Jonathan Herring
Keyword(s):  
Social Context ◽  
Legal Profession ◽  
The Social ◽  
The Law

This chapter looks at lawyers in a broad social context. Lawyers hold a position of privilege within society by virtue of their knowledge about the law. It explores why lawyers have this special status and the role that they play in the broader society. It shows that the legal profession is under challenge from a number of directions.

Manifestation Determination as a Golden Fleece

2001 ◽  
Vol 68 (1) ◽  
pp. 85-96 ◽  
Author(s):  
Antonis Katsiyannis ◽  
John W. Maag
Keyword(s):  
Social Context ◽  
Case Law ◽  
Educational Purpose ◽  
Manifestation Determination ◽  
Alternative Approach ◽  
The Social ◽  
Relevant Case ◽  
Functional Implications ◽  
The Law ◽  
Law And Legislation

Manifestation determination is a mandated provision for deciding whether a student's misbehavior is related to his disability and, consequently, whether cessation of services will be allowed. However, it is conceptually and methodologically flawed and appears to serve more of a political than educational purpose. In this article, we critique the manifestation determination provision by reviewing relevant case law and legislation, examining the social context surrounding this mandate, and questioning the validity of current approaches for making a manifestation determination. We believe this analysis will corroborate our thesis. Therefore, we conclude this article by proposing an alternative approach for conceptualizing and conducting a manifestation determination that has more functional implications than those currently in use and still addresses the spirit and letter of the law.

Charitable according to whom ? The clash between Quebec’s societal values and the law governing the registration of charities

2009 ◽  
Vol 49 (2) ◽  
pp. 277-295
Author(s):  
Kathryn Chan
Keyword(s):  
Social Context ◽  
Common Law ◽  
Real Life ◽  
Voluntary Sector ◽  
French Language ◽  
Societal Values ◽  
The Social ◽  
Cultural Minorities ◽  
The Common ◽  
The Law

In the course of considering the public’s views on the accommodation of cultural minorities in Quebec, the Bouchard-Taylor Commission has produced a valuable record of the views held by Quebec’s voluntary sector organizations, and the societal values that are important to Quebec. In particular, it has underlined Quebec’s strong commitment to three broad public objects — the advancement of the French language and Quebec culture, the encouragement of interculturalism, and the promotion of secularism — that are not recognized as charitable objects under the common law. The Bouchard-Taylor Commission has therefore provided a timely and relevant backdrop against which to consider the real-life implications of using the common law of charitable trusts to give meaning to the statutory concept of charity (bienfaisance) in Quebec. Based on her observations of the Commission experience, the author suggests that the disjuncture between the law demarcating Quebec’s charitable sector and the social context within which the sector operates has become significant enough to merit a reconsideration of this longstanding approach.

Sign in / Sign up

Export Citation Format

Share Document