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From Wardship to Rights

From Wardship to Rights
Author: Jim Reynolds
Publisher: UBC Press
Total Pages: 309
Release: 2020-05-01
Genre: Law
ISBN: 0774864591

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This book tells the story of a First Nation’s single-minded quest for justice. In 1958, the federal government leased part of the small Musqueam Reserve in Vancouver to an exclusive golf club at below market value. When the band members discovered this in 1970, they initiated legal action. Their tenacity led to the 1984 decision in Guerin v. The Queen, whereby the Supreme Court of Canada held that the government has a fiduciary duty towards Indigenous peoples. Jim Reynolds, who served as one of the legal counsel for the Musqueam, provides an in-depth analysis of this landmark case and its impact on Canadian law, politics, and society. By recognizing that the Musqueam had enforceable legal rights, the Guerin case changed the relationship between governments and Indigenous peoples from one of wardship to one based on legal rights. It was a seismic decision.


From Wardship to Rights

From Wardship to Rights
Author: James I. Reynolds
Publisher:
Total Pages: 291
Release: 2020
Genre: Coast Salish Indians
ISBN: 9780774864602

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"This book tells the story of a First Nation's single-minded quest for justice. In 1958, the federal government leased part of the small Musqueam Reserve in Vancouver to an exclusive golf club at below market value. When the band members discovered this in 1970, they initiated legal action. Their tenacity led to the 1984 decision in Guerin v. The Queen, whereby the Supreme Court of Canada held that the government has a fiduciary duty towards Indigenous peoples. Jim Reynolds, who served as one of the legal counsel for the Musqueam, provides an in-depth analysis of this landmark case and its impact on Canadian law, politics, and society. By recognizing that the Musqueam had enforceable legal rights, the Guerin case changed the relationship between governments and Indigenous peoples from one of wardship to one based on legal rights. It was a seismic decision."--


Wardship In International Law

Wardship In International Law
Author: Charles Ghequiere Fenwick
Publisher: Legare Street Press
Total Pages: 0
Release: 2023-07-18
Genre:
ISBN: 9781020460685

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A comprehensive review of the legal aspects of wardship in international law, including the rights and duties of ward, guardians, and other interested parties. This book is essential for practitioners of international law and anyone seeking to understand the complexities of international guardianship. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.


Shakespeare's Legal Language

Shakespeare's Legal Language
Author: B. J. Sokol
Publisher: A&C Black
Total Pages: 510
Release: 2000-01-01
Genre: Literary Criticism
ISBN: 0485115492

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This encyclopedia-style dicitonary explores early modern social life, legal thought, and the interactions within Shakespearean drama.


Wardship and the Welfare State

Wardship and the Welfare State
Author: Mary Klann
Publisher: U of Nebraska Press
Total Pages: 241
Release:
Genre:
ISBN: 1496239695

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Issues in Human Rights Protection of Intellectually Disabled Persons

Issues in Human Rights Protection of Intellectually Disabled Persons
Author: Dr Andreas Dimopoulos
Publisher: Ashgate Publishing, Ltd.
Total Pages: 415
Release: 2013-02-28
Genre: Law
ISBN: 1409497054

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This book develops a legal argument as to how persons with intellectual disability can flourish in a liberal setting through the exercise of human rights, even though they are perceived as non-autonomous. Using Ronald Dworkin's theory of liberal equality, it argues that ethical individualism can be modified to accommodate persons with intellectual disability as equals in liberal theory. Current legal practices, the case law of the ECtHR on disability, the provisions of the UNCRPD and a comparative analysis of English and German law are discussed, as well as suggestions for positive measures for persons with intellectual disability. The book will interest academics, human rights activists and legal practitioners in the field of disability rights.


Medieval English Wardship in Romance and Law

Medieval English Wardship in Romance and Law
Author: Noël James Menuge
Publisher: Boydell & Brewer
Total Pages: 168
Release: 2001
Genre: History
ISBN: 9780859916325

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This title explores how wardship literature in romance may be used in studies of wardship, and how it may complement an understanding of legal history. Wardship discourse is examined in a variety of sources - legal treatises, cases, and romance.


The Queen's Wards

The Queen's Wards
Author: Joel Hurstfield
Publisher: Taylor & Francis
Total Pages: 300
Release: 2023-07-05
Genre: History
ISBN: 1000894614

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Originally published in 1958, this new impression of The Queen’s Wards from 1973 made available once more a work that remains a significant contribution to the history of society and government in Elizabethan England. The Court of Wards was a bizarre institution with roots going back to feudal mediaeval times. Revived by Henry VII, formally instituted by Henry VIII, the concept of wardship reached its zenith in Elizabethan times, when it was used as a powerful weapon in the raising of revenues and in controlling the aristocracy. The Court administered on behalf of the Crown the properties of fatherless minors (of whom there were many), bought and sold the rights to exploit these properties during the minority of the heirs, and even sold the heirs themselves into marriage (or withheld permission to marry). This control of marriage rights was clearly open to abuse, corruption and political exploitation, and as a symptom of Elizabethan times the Court provides an interesting and illuminating subject for study. The system had a special significance in government policy and played a considerable role in the politics of the age: this is attested to by the fact that for nearly half a century the history of the Court of Wards is dominated by William Cecil (Lord Burghley) and his son Robert. Many other prominent courtiers and politicians were involved, and figure in this book.


Children's Rights and the Law

Children's Rights and the Law
Author: Hilaire Barnett
Publisher: Routledge
Total Pages: 217
Release: 2021-11-14
Genre: Law
ISBN: 0429840527

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This book identifies the definition of a child within the law, the rights of children, and discusses the extent to which primarily English law gives adequate recognition to and protection of these rights. To what extent does English law gives adequate recognition to and protection of the rights of children? Historically the idea of and protection of rights has focused on parental rights rather than the rights of the child. The rights of children have remained far less recognised and certain until recently. Using case studies from the United Kingdom and beyond, this book takes a thematic approach to children’s rights and considers topics including: underlying concepts such as the welfare of the child and safeguarding, the right to education and to medical treatment, the right to freedom from abuse and/or sexual and commercial exploitation, including contemporary challenges from forced marriage, FGM, modern slavery and trafficking, the role of the State in relation to children in need of care and protection, children's rights in the criminal justice system, the right to contract and employment. In addition, the book provides an introduction to key aspects of domestic and international law, including the Children Act 1989, the UN Convention on the Rights of the Child, the European Convention on Human Rights and the Human Rights Act 1998. The book will be of great interest to law and social science students in the areas of Child Development and Protection, Human Rights Law, Family Law, Child Law, and Child Studies, as well as to social workers, police officers, magistrates, probation officers and other related professions.


Children's Rights and Traditional Values

Children's Rights and Traditional Values
Author: Gillian Douglas
Publisher: Routledge
Total Pages: 327
Release: 2016-12-05
Genre: Law
ISBN: 1351952242

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This book of essays by legal scholars from the United Kingdom, Eire, Israel and Palestine explores the extent to which the recognition of the concept of children’s rights is affected by adherence to religious, cultural and ethnic traditions. The aim is twofold: first, to illuminate the interface between internationally-agreed norms of conduct regarding children and national and cultural determination to preserve traditional approaches; and secondly, to reflect upon the conflicts within societies between different cultural and religious groups in their attempts to determine whether 'liberal/secular' or 'conservative/religious' norms predominate in attitudes to children’s upbringing. This is the first collection of papers covering and comparing the UK and Israeli/Palestinian jurisdictions. The particular blends of social, religious and cultural diversity in both regions, mingled with the political factors operating as well, render these jurisdictions of special interest as case-studies in the reception of 'western/liberal' norms and values. Moreover, Israel and Palestine, despite their manifestly different cultures as compared with Britain, have been influenced by the colonial legacy of the common law, rendering this particular east-west comparison of special interest.