Legal Recognition

14,000,000 Leading Edge Experts on the ideXlab platform

Scan Science and Technology

Contact Leading Edge Experts & Companies

Scan Science and Technology

Contact Leading Edge Experts & Companies

The Experts below are selected from a list of 72975 Experts worldwide ranked by ideXlab platform

Ann Black - One of the best experts on this subject based on the ideXlab platform.

  • Legal Recognition of sharia law is this the right direction for australian family matters
    Family matters, 2010
    Co-Authors: Ann Black
    Abstract:

    Australia is marked by pluralism cultural, religious and ethnic. Yet, our Legal system is not pluralistic. Apart from some concessions to the Indigenous peoples of this country, we abide by the 'one law for all' mantra. Both sides of politics have rejected a separate stream of law for specific religious or ethnic communities on the basis that Australia is a secular nation. Freedom of religion and worship is protected, but religion is to play no part in the formal Legal system. Australia's former treasurer, Peter Costello (2006), argued, 'there is one law we are all expected to abide by. It is the law enacted by the Parliament under the Australian Constitution. If you can't accept that then you don't accept the fundamentals of what Australia is and what it stands for' (para. 44). This year, Attorney-General Robert McCelland confirmed that the 'Rudd government is not considering and will not consider the introduction of any part of Sharia law into the Australian Legal system' (Zwartz, 2009).

  • Legal Recognition of sharia law is this the right direction for australian family matters
    Social Science Research Network, 2010
    Co-Authors: Ann Black
    Abstract:

    Whether formal Recognition should be given to the Islamic system of law, Sharia law for family law matters involving Muslims -- Australia's "one law for all" approach -- arguments for and against formal Recognition -- conclusion that the status quo should prevail.

Benedict Kingsbury - One of the best experts on this subject based on the ideXlab platform.

  • the concept of law in global administrative law
    Social Science Research Network, 2009
    Co-Authors: Benedict Kingsbury
    Abstract:

    What constitutes 'law' in the efflorescent field of 'global administrative law'? This article argues for a 'social fact' conception of law, emphasizing sources and Recognition criteria, but it extends this Hartian positivism to incorporate requirements of 'publicness' in law. 'Publicness' is immanent in public law in national democratic jurisprudence, and increasingly in global governance, where it applies to public entities rather than to identifiable global publics. Principles relevant to publicness include the entity's adherence to Legality, rationality, proportionality, rule of law, and some human rights. This article traces growing use of publicness criteria in practices of judicial-type review of the acts of global governance entities, in requirements of reason-giving, and in practices concerning publicity and transparency. Adherence to requirements of publicness becomes greater, the less the entity is able to rely on firmly established sources of law and Legal Recognition. 'Private ordering' comes within this concept of law only through engagement with public institutions. While there is no single unifying rule of Recognition covering all of GAL, there is a workable concept of law in GAL.

  • the concept of law in global administrative law
    European Journal of International Law, 2009
    Co-Authors: Benedict Kingsbury
    Abstract:

    What constitutes ' law ' in the effl orescent fi eld of ' global administrative law ' ? This article argues for a ' social fact ' conception of law, emphasizing sources and Recognition criteria, but it extends this Hartian positivism to incorporate requirements of ' publicness ' in law. ' Public- ness ' is immanent in public law in national democratic jurisprudence, and increasingly in global governance, where it applies to public entities rather than to identifi able global pub- lics. Principles relevant to publicness include the entity's adherence to Legality, rationality, proportionality, rule of law, and some human rights. This article traces the growing use of publicness criteria in practices of judicial-type review of the acts of global governance entities, in requirements of reason-giving, and in practices concerning publicity and transparency. Adherence to requirements of publicness becomes greater, the less the entity is able to rely on fi rmly established sources of law and Legal Recognition. ' Private ordering ' comes within this concept of law only through engagement with public institutions. While there is no single unifying rule of Recognition covering all of GAL, there is a workable concept of law in GAL.

Deborah A Widiss - One of the best experts on this subject based on the ideXlab platform.

  • Legal Recognition of same sex relationships new possibilities for research on the role of marriage law in household labor allocation
    Journal of Family Theory and Review, 2016
    Co-Authors: Deborah A Widiss
    Abstract:

    Research comparing the relative significance of economic exchange theories and gender norms on parents' division of income-producing and domestic responsibilities often fails to consider sufficiently the role that marriage may play. This article shows that, in the United States, numerous aspects of state and federal law relating to marriage encourage spouses to specialize in distinct breadwinning and caretaking roles. Same-sex marriage offers new opportunities to assess the importance of marriage in household labor allocation decisions while controlling for gender. For any data gathered before June 2015, however, it may be distorting to characterize same-sex couples as simply “married” or “unmarried”; rather, Legal Recognition during the past 10 years is better conceptualized as discrete bundles of rights and tracked accordingly. This article, written by a Legal scholar, provides substantive Legal analysis that is integral to developing a research agenda in this area.

  • Legal Recognition of same sex relationships new possibilities for research on the role of marriage law in household labor allocation
    2016
    Co-Authors: Deborah A Widiss
    Abstract:

    Research comparing the relative significance of earning power and gender norms on parents’ division of income-producing and domestic responsibilities often fails to consider sufficiently the role that marriage may play. This article, written for social science family studies journal, reviews the existing literature on household labor allocation by both different-sex and same-sex couples. It then shows that, in the United States, numerous aspects of state and federal law relating to marriage encourage spouses to specialize in distinct breadwinning and caretaking roles. Same-sex marriage offers new opportunities to assess the importance of marriage in household labor allocation decisions while controlling for gender. For any data gathered before June 2015, however, it may be distorting to characterize same-sex couples as simply “married” or “un-married”; rather, Legal Recognition during the past 10 years is better conceptualized as discrete bundles of rights and tracked accordingly. This article provides substantive Legal analysis that is integral to developing a research agenda in this area.

Michael Wydra - One of the best experts on this subject based on the ideXlab platform.

  • america s changing attitudes toward homosexuality civil unions and same gender marriage 1977 2004
    Social Work, 2007
    Co-Authors: Alison Avery, Justin Chase, Linda Johansson, Samantha Litvak, Darrel Montero, Michael Wydra
    Abstract:

    On May 17, 2004, Massachusetts became the first state to Legalize same-gender marriage. From California to Missouri, nearly all states now face legislative challenges to the once firmly entrenched notion that marriage can only exist between a man and a woman. Public opinion polls conducted from 1977 to 2004 found that Americans' attitudes toward gay men and lesbians and marriages or civil unions for same-gender couples have evolved. Opposition persists, however. The most recent data indicate support for some Legal Recognition of gay and lesbian couples, but most Americans favor civil unions over same-gender marriages. Although the future of civil unions and same-gender marriages remains uncertain, social workers can serve gay and lesbian clients and their families best by staying informed of the attendant Legal, social, and policy issues.

Gregory M Herek - One of the best experts on this subject based on the ideXlab platform.

  • Legal Recognition of same sex relationships in the united states a social science perspective
    American Psychologist, 2006
    Co-Authors: Gregory M Herek
    Abstract:

    Whether and how civil society should recognize committed relationships between same-sex partners has become a prominent, often divisive, policy issue. The present article reviews relevant behavioral and social science research to assess the validity of key factual claims in this debate. The data indicate that same-sex and heterosexual relationships do not differ in their essential psychosocial dimensions; that a parent's sexual orientation is unrelated to her or his ability to provide a healthy and nurturing family environment; and that marriage bestows substantial psychological, social, and health benefits. It is concluded that same-sex couples and their children are likely to benefit in numerous ways from Legal Recognition of their families, and providing such Recognition through marriage will bestow greater benefit than civil unions or domestic partnerships. Trends in public opinion toward greater support for Legal Recognition of same-sex couples are discussed.