scholarly journals Laws of Desire: The Political Morality of Public Sex

2009 ◽  
Vol 54 (2) ◽  
pp. 355-385 ◽  
Author(s):  
Elaine Craig
Keyword(s):  
Legal Regulation ◽  
Sexual Morality ◽  
Privacy Rights ◽  
New Approach ◽  
Public Sex ◽  
Political Morality ◽  
The Supreme Court ◽  
The Relationship ◽  
Fundamental Values

Abstract In indecency cases, Canadian courts historically employed a model of sexual morality based on the community’s standard of tolerance. However, the Supreme Court of Canada’s recent jurisprudence addressing the role of morality in the criminal law relies upon, in order to protect, the fundamental values enshrined in the Canadian constitution. This article analyzes the Court’s decisions in R. v. Labaye and R. v. Kouri and demonstrates that these cases represent a shift in the relationship between law and sexuality. The author illuminates the possibility of a new approach by the Court to the regulation of sex. Such an approach allows for the legal recognition of pleasure behind, beyond, or outside of legal claims regarding identity, antisubordination, relationship equality, and conventional privacy rights. A new theoretical approach to the legal regulation of sexuality recognizes the importance and benefit of challenging mainstream beliefs about sexuality and subverting certain dominant sexual norms. Such an approach is firmly grounded in the principles of liberalism that Labaye reflects.

Civil Jurisdiction, Settler Politics, and the Colonial Constitution, circa 1840-58

2008 ◽  
Vol 39 (3) ◽  
pp. 497 ◽  
Author(s):  
Damen Ward
Keyword(s):  
Lower Court ◽  
Parliamentary Debates ◽  
Early Colonial ◽  
Responsible Government ◽  
The Supreme Court ◽  
Competing Ideas ◽  
Politics And Law ◽  
The Relationship ◽  
Institutional Relationships

In early colonial politics, decisions about lower court jurisdiction often reflected competing ideas about the relationship between different parts and functions of government. In particular, court structure and jurisdiction could be seen as having important implications for the role and power of the governor. Appreciating the importance of jurisdiction as a way of defining, and arguing about, the distribution and exercise of political and legal authority in the colonial constitution allows connections to be drawn between different elements of settler politics in the 1840s and 1850s. The closing of the Court of Requests by Governor Grey in 1848, and the decisions of the Supreme Court judges in subsequent litigation, provide examples of this. Debate over the role of the governor in emerging systems of representative and responsible government after 1852 contributed to lower court jurisdiction remaining politically significant, particularly in relation to Māori.  This is shown by considering parliamentary debates about the Stafford ministry's 1858 proposals for resident magistrates' jurisdiction over "native districts". The politics of jurisdiction were part of wider contests about the establishment and consolidation of particular political and institutional relationships within the colonial constitution. This multi-faceted construction of government authority suggests a need to reconsider elements of Pākehā colonial politics and law.

scholarly journals New Ways in the Cognitive Dimension of Information Operations

2017 ◽  
Vol 22 (2) ◽  
pp. 94-102
Author(s):  
Zsolt Haig ◽  
Veronika Hajdu
Keyword(s):  
Technological Progress ◽  
Cognitive Dimension ◽  
New Approach ◽  
Special Regard ◽  
Information Operations ◽  
Psychological Operations ◽  
The Military ◽  
The Relationship ◽  
Tools And Methods

Abstract In this paper the authors introduce the cognitive dimension that is becoming more and more important in the field of information operations with special regard to psychological operations (PSYOPS). The strengthening role of influencing skills and technological progress has created new avenues and opportunities in the military field. The paper seeks to point out the relationship between marketing and PSYOPS. In connection with this, the study intends to present a new approach to PSYOPS that can achieve the operational goals which set by the leader by applying guerrilla marketing tools and methods.

The Changing Environment and Emerging Resource Conflicts

2016 ◽  
Author(s):  
Marco Pertile
Keyword(s):  
Natural Resources ◽  
Legal Framework ◽  
Legal Regulation ◽  
Armed Conflicts ◽  
Resource Conflicts ◽  
Jus Ad Bellum ◽  
Interstate Conflicts ◽  
Occupied Territories ◽  
The Relationship

This chapter examines the role of natural resources such as water, hydrocarbons, and diamonds in international armed conflicts within the framework of international law, as well as the legal regulation of the jus ad bellum aspects of the issue. After outlining some of the international rules relevant to the relationship between natural resources and conflicts, the chapter considers the rules pertaining to the jus ad bellum and assesses the interstate aspects of resource conflicts, paying particular attention to the legal framework for the use of force in international relations. It then looks at the role of sovereignty in the allocation of natural resources among states, the interaction between jus ad bellum and jus in bello with respect to the exploitation of natural resources in occupied territories, , and the effect on transactions in natural resources of the duty of non-recognition of unlawful territorial situations. Finally, it describes the initiatives of the United Nations in addressing the issue of natural resources and their relation to interstate conflicts.

Problems of ECHR Decisions Implementation into Domestic Law

2015 ◽  
Vol 3 (6) ◽  
pp. 0-0
Author(s):  
Татьяна Шуберт ◽  
Tatyana Shubert
Keyword(s):  
Russian Federation ◽  
Systematic Approach ◽  
Legal Regulation ◽  
European Court ◽  
Legal Nature ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Government ◽  
Domestic Law

The article examines the ECHR legal nature and types of its decisions, analyzes the activities of the Government of the Russian Federation and the RF Ministry of Justice on the implementation of the European Court of Human Rights’ judgments. The author notes the role of the Plenum of the Supreme Court of the Russian Federation in ensuring uniform application of the Convention and Protocols thereto, ratified by the Russian Federation, by the courts of general jurisdiction. The author analyzes reasons for slow and incomplete implementation of the ECHR decisions, and comes up with the measures for their implementation. The article discusses peculiarities of the execution of the ECHR judgments in the Russian Federation: mechanistic execution of the decisions, lack of a systematic approach to the legislation analysis, absence of identification of causes for non-compliance of the regulations with the Convention on Rights of Man and Citizen, lack of coordination between bodies executing the ECHR decisions, inadequate budgetary procedures and lack of funds. The author proposes to analyze structural and general deficiencies in the national law and practice with regard to the ECHR decisions; provides recommendations to improve the mechanism for the judicial decisions’ implementation; determines lines of development for legal regulation of relations in the field of ECHR judgments’ implementation in the Russian legislation.

scholarly journals Moral and spiritual aspects in counseling: Recent development in the West

2020 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Abdul Mufid
Keyword(s):  
Cultural Identity ◽  
Psychological Health ◽  
Paradigm Shift ◽  
Professional Counseling ◽  
The West ◽  
Value System ◽  
New Approach ◽  
Religious Professionals ◽  
The Relationship

<p class="AbstrakAGC"><span lang="NL">This paper aims to explore the moral and spiritual dimensions of counseling. Since professional counseling has developed in the West, the cultural identity and individualistic orientation of identity has entered the counseling profession. Recently a surge of interest in spirituality and religion has been noted with several treatments focused on a new approach to counseling. The new approach shows that spirituality in life is central to individuals, families and communities. Therapists examine the relationship between spirituality and general psychological health. Secular and religious professionals recognize the paradigm shift from illness to health and from individualism to collectivism. Counseling that develops from the premise of such a therapist must be free of value. The emergence of an integrated perspective with religious and spirituality counseling views has resulted in a fundamental conflict with the prevailing professional value system. Counselors still want to avoid the role of a moralist. The controversy also relates to the firmness one wants, the therapist attaching moral and spiritual dimensions while advocating certain values. Psychotherapy, as a moralistic company, requires modification in its training program. Therapists need to change their orientation, namely as scientists with deep moral or spiritual commitment. Clients need and demand reorientation like this. This profession has a claim to respond to the needs of its clients and it cannot ignore the impetus that arises in practice.</span></p>

scholarly journals TO THE QUESTION OF LEGAL CONSCIOUSNESS AS AN IDEOLOGICAL SOURCE OF LAW

2020 ◽  
Vol 35 (3) ◽  
pp. 14-18
Author(s):  
E.K. Dzhamalova ◽  
◽  
Z.G. Ramazanova ◽  
Keyword(s):  
Legal Regulation ◽  
Legal Consciousness ◽  
Legal Practice ◽  
Spiritual Values ◽  
Integral Criterion ◽  
The Public ◽  
Legal Ideology ◽  
The Relationship ◽  
Single Approach

The article explores the relationship between "source of law" and "form of law." It is noted that in modern legal science there is no single approach to this problem. The "ideological" sources of law, which include legal consciousness and legal ideology, are analyzed. It is emphasized that this source of law has not been sufficiently researched. It is concluded that legal awareness and legal ideology are the intellectual basis of the law, capable of streamlining relations between the subjects of law and the role of such phenomena of law as legal awareness, legal culture and the legal ideology is very significant, as they, reflecting spiritual values, are an integral criterion of the legal progress of society and determine the vector of social development. Ideological sources of law are at the heart of legal practice, defining the public importance and expediency of its legal regulation.

Equity & Trusts Law Directions

2021 ◽  
Author(s):  
Gary Watt
Keyword(s):  
Supreme Court ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Council Decision ◽  
Key Points ◽  
The Supreme Court ◽  
Farming Families ◽  
The Relationship ◽  
Court Of Appeal

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This book explains the key topics covered on equity and trusts courses. The content of the text is designed to emphasise the relationship between equity, trusts, property, contract and restitution to enable students to map out conceptual connections between related legal ideas. There is also a focus on modern cases in the commercial sphere to reflect the constantly changing and socially significant role of trusts and equity. The book starts by introducing equity and trusts. It then includes a chapter on understanding trusts, and moves on to consider capacity and formality requirements, certainty requirements and the constitution of trusts. Various types of trusts are then examined such as purpose, charitable, and variation trusts. The book then describes issues related to trusteeship. Breach of trust is explained, as is informal trusts of land. There is a chapter on tracing, and then the book concludes by looking at equitable liability of strangers to trust and equitable doctrines and remedies. This new edition includes coverage of significant recent cases, including the Supreme Court decision on interest to be paid by tax authorities on monies owed; the Supreme Court decision on the test of dishonesty applicable to civil matters; the Privy Council decision on the division of investment property acquired by cohabitants; the Court of Appeal decisions on Quistclose trusts; fiduciary duties in arms-length contracts; transactions prejudicing creditors; beneficiary anonymity in variation of trust cases; exemption clauses; discretion exercised beyond trustee’s authority; implications of GDPR for trustee disclosures; trustee personal liability; causation and equitable compensation; statutory relief for a professional trustee’s breach of trust; use of proprietary estoppel to reward work undertaken in farming families; costs of seeking court’s directions; injunctions ordered against persons unknown; equitable jurisdiction to rectify agreements.

INTERNATIONAL AGREEMENTS AS SOURCES OF CIVIL LAW OF UKRAINE

2017 ◽  
Author(s):  
Iryna Horodetska ◽  
Keyword(s):  
Public Relations ◽  
Civil Law ◽  
Scientific Work ◽  
Legal Regulation ◽  
International Treaties ◽  
International Treaty ◽  
Legal Nature ◽  
Conceptual Study ◽  
The Relationship

The article is devoted to the features and functional purpose of such sources of civil law of Ukraine as international treaties. Based on the analysis of the theory of civil law, scientific approaches to understanding of the concept and system of sources of civil law, the relationship between the concepts of "international legal act" and "international treaty" are studied. The scientific work considers the characteristics and features of international treaties as sources of civil law of Ukraine, their role in the regulation of civil relations and their place in the system of national law. It is concluded that the current transformational changes that take place in Ukrainian society are inextricably linked with European integration processes and the need to bring the components of the legal system of Ukraine in line with the principles, norms and standards of European law. Objective strengthening of the role of international treaties in the settlement of not only international but also domestic civil relations necessitates a thorough conceptual study of the legal nature of international treaties, their place in the system of regulations of Ukraine and the relationship with civil law, which in its turn is an extremely important and, at the same time, difficult task. In this regard, it is quite logical to intensify the scientific discourse concerning the place of international treaties in the system of national law in different states. At the same time, while not denying the certainly important role played by international treaties in the settlement of civil legal (private) relations, we emphasize that the key to the effective functioning of the mechanism of legal regulation of public relations in this area is the need to achieve balance at interpenetration and interplay of principles and norms of domestic and international law as interdependent systems.

Judicial Activism and Judicial Independence: Implications of the Charter of Rights and Freedoms for the Reference Procedure and Judicial Service on Commissions of Inquiry.

1990 ◽  
Vol 5 ◽  
pp. 95-110
Author(s):  
Kenneth M. Holland
Keyword(s):  
Civil Rights ◽  
Judicial Independence ◽  
Royal Commission ◽  
Supreme Court Of Canada ◽  
The Past ◽  
The Supreme Court ◽  
Commissions Of Inquiry ◽  
And Function ◽  
Fundamental Values

Over the past five years the Supreme Court of Canada has addressed on three occasions the implications of the 1982Charter of Rights and Freedomsfor the principle of judicial independence. The justices agree that the Court's new role as guardian of constitutionally entrenched civil rights and liberties demands an expansion in its immunity from legislative and executive influence. The hoary principle of judicial independence can no longer be confined to such individual elements as security of salary and tenure but must encompass an institutional element, “reflected in [a court's] institutional or administrative relationships to the executive and legislative branches of government.” The “modern understanding of judicial independence,” according to Chief Justice Brian Dickson, recognizes that the Canadian judiciary is no longer confined to the resolution of disputes in individual cases but plays the role of “protector of theConstitutionand the fundamental values embodied in it—rule of law, fundamental justice, equality, preservation of the democratic process, to name perhaps the most important.” It is not enough, therefore, to ensure the impartiality of judges in individual cases. Courts must “be completely separate in ‘authority and function’ from all other branches of government.” Accordingly, the Court ruled in a 1989 case that a royal commission of inquiry cannot compel judges involved in a matter being investigated to testify as to the reasons for their judicial decision.

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