Search results for 'Law reform' (try it on Scholar)

1000+ found
Sort by:
  1. Roger A. Shiner (2009). Theorizing Criminal Law Reform. Criminal Law and Philosophy 3 (2):167-186.score: 186.0
    How are we to understand criminal law reform? The idea seems simple—the criminal law on the books is wrong: it should be changed. But 'wrong’ how? By what norms 'wrong’? As soon as one tries to answer those questions, the issue becomes more complex. One kind of answer is that the criminal law is substantively wrong: that is, we assume valid norms of background political morality, and we argue that doctrinally the criminal law on the books does not embody (...)
    Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  2. Nicole A. Vincent (2007). Responsibility, Compensation and Accident Law Reform. Dissertation, University of Adelaidescore: 180.0
    This thesis considers two allegations which conservatives often level at no-fault systems — namely, that responsibility is abnegated under no-fault systems, and that no-fault systems under- and over-compensate. I argue that although each of these allegations can be satisfactorily met – the responsibility allegation rests on the mistaken assumption that to properly take responsibility for our actions we must accept liability for those losses for which we are causally responsible; and the compensation allegation rests on the mistaken assumption that tort (...)
    Translate to English
    | Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  3. Augustina Akoto (2013). “Why Don't They Change?” Law Reform, Tradition and Widows' Rights in Ghana. Feminist Legal Studies 21 (3):263-279.score: 180.0
    Widows form a sub-set of an already beleaguered gendered minority in societies where law is but one of a competing number of social orders. This can render widows vulnerable and often outside the protection of State law and at the behest of (discriminatory) customary laws. Ghana enacted the Intestate Succession Law 1985 (P.N.D.C.L.111) to grant widows the right to inherit from the estate of the deceased. However, the law has had little impact. Personal narrative analysis was used to ascertain the (...)
    No categories
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  4. Anne Barlow (2006). Cohabitation Law Reform – Messages From Research. Feminist Legal Studies 14 (2):167-180.score: 174.0
    Empirical research in this field has underlined the diversity of the cohabitation population, the existence of the common law marriage myth and the lack of consensus on the best way forward for reform of the law in England and Wales. Against the backdrop of the English Law Commission’s on-going project on cohabitation law, this article will explore the reasons found by recent research for people’s choice of cohabitation over marriage, the interrelationship between commitment and economic vulnerability and the tension (...)
    No categories
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  5. Nowrin Tamanna (2008). Personal Status Laws in Morocco and Tunisia: A Comparative Exploration of the Possibilities for Equality-Enhancing Reform in Bangladesh. [REVIEW] Feminist Legal Studies 16 (3):323-343.score: 122.0
    This paper focuses on successful reform strategies invoked in parts of the Muslim world to address issues of gender inequality in the context of Islamic personal law. It traces the development of personal status laws in Tunisia and Morocco, exploring the models they offer in initiating equality-enhancing reforms in Bangladesh, where a secular and equality-based reform approach conflicts with Islamic-based conservatism. Recent landmark family law reforms in Morocco show the possibility of achieving ‘women-friendly’ reforms within an Islamic legal (...)
    No categories
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  6. Zac Alstin (2011). The Great Australian Abortion Canard: Is Law Reform the End of the Issue? Bioethics Research Notes 23 (2):26.score: 120.0
    Alstin, Zac At a March lecture in Canberra, Australian ethicist and pro-abortion activist Dr Leslie Cannold, spoke about the 'unfinished business' of abortion law reform in Australia. A frustrated friend sent me the transcript of this lecture and asked me to write something in response. But given the context of Cannold's lecture: a pro-abortion speech to a pro-abortion audience about pro-abortion law reform, a direct response seems impertinent. Plus, as a rule of thumb, when you play 'Pin the (...)
    No categories
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  7. Louise Du Toit (2012). Sexual Specificity, Rape Law Reform and the Feminist Quest for Justice. South African Journal of Philosophy 31 (3):465-483.score: 120.0
    Recent rape law reform is most saliently characterised by a turn to gender neutrality in its definition of the crime of rape. The few possible advantages of a gender neutral approach to rape are offset by a series of disadvantages regarding gender justice when viewed from a feminist perspective. Formal gender neutrality does not safeguard against the effective influence of pervasive and enduring symbolic constructions pertaining to male and female sexuality and of a normalised hierarchical binary constructed between the (...)
    Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  8. Marcia Riordan (2008). Victorian Abortion Law Reform Bill 2008. Chisholm Health Ethics Bulletin 14 (2):7.score: 120.0
    Riordan, Marcia This report on the Victorian Abortion Law Reform Bill 2008 particularly considers the fact that it has denied health care professionals any right of conscientious objection. It sees this as part of an international attempt to deny conscientious objection against abortion, and to enforce abortion as an international human right.
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  9. Andrew Sharpe (2002). English Transgender Law Reform and the Spectre of Corbett. Feminist Legal Studies 10 (1):65-89.score: 120.0
    This article will provide a critique of tworecent English marriage law decisions, thefirst concerning a (female to male) transgenderman and the second a (male to female)intersexed woman. It will do so throughconsideration of the dialogue between each andthe landmark transgender case of Corbett v. Corbett. It will highlight howboth decisions, in seeking to minimise the factof `departure' from Corbett, serve toreproduce key elements of that decision whichserve to undermine the future prospects fortransgender law reform in the English context.In particular, (...)
    No categories
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  10. Wendy Larcombe (2011). Falling Rape Conviction Rates: (Some) Feminist Aims and Measures for Rape Law. [REVIEW] Feminist Legal Studies 19 (1):27-45.score: 108.0
    Rape conviction rates have fallen to all-time lows in recent years, prompting governments to explore a range of strategies to improve them. This paper argues that, while the current legal impunity for rape cannot be condoned, increasing conviction rates is not in itself a valid objective of law reform. The paper problematises the measure of rape law that conviction rates provide by developing an account of (some) feminist aims for rape law reform. Three feminist aims and associated measures (...)
    No categories
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  11. Lucinda Vandervort (2012). Affirmative Sexual Consent in Canadian Law, Jurisprudence, and Legal Theory. Columbia Journal of Gender and Law 23 (2):395-442.score: 108.0
    This article examines the development of affirmative sexual consent in Canadian jurisprudence and legal theory and its adoption in Canadian law. Affirmative sexual consent requirements were explicitly proposed in Canadian legal literature in 1986, codified in the 1992 Criminal Code amendments, and recognized as an essential element of the common law and statutory definitions of sexual consent by the Supreme Court of Canada in a series of cases decided since 1994. Although sexual violence and non-enforcement of sexual assault laws are (...)
     
    My bibliography  
     
    Export citation  
  12. Madhu Mehra (1998). Exploring the Boundaries of Law, Gender and Social Reform. Feminist Legal Studies 6 (1):59-83.score: 102.0
    Both dowry and domestic violence are manifestations of the socially subordinate position of women in India, in particular of women in relation to and within the institution of marriage. Studies reveal how the socio economic changes ushered in by modernisation have interacted with traditional norms to sustain these practices and through them, the subordination of women. The women’s movement began addressing these social problems through law, and has through the years continued to critique the law for its failure to deliver. (...)
    No categories
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  13. Brenda M. Baker (1987). Mens Rea, Negligence and Criminal Law Reform. Law and Philosophy 6 (1):53 - 88.score: 96.0
    Direct download (7 more)  
     
    My bibliography  
     
    Export citation  
  14. Kanika Sharma (2013). Wing-Cheong Chan, Barry Wright, Stanley Yeo (Eds): Codification, Macaulay and the Indian Penal Code: The Legacies and Modern Challenges of Criminal Law Reform. [REVIEW] International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (4):957-962.score: 96.0
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  15. Lawrence O. Gostin (1993). Drawing a Line Between Killing and Letting Die: The Law, and Law Reform, on Medically Assisted Dying. Journal of Law, Medicine and Ethics 21 (1):94-101.score: 96.0
    Reviews the legal position on the distinction drawn between killing and letting die in medically assisted dying.
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  16. Iwan Davies (2006). Secured Financing of Intellectual Property Assets and the Reform of English Personal Property Security Law. Oxford Journal of Legal Studies 26 (3):559-583.score: 96.0
    The past three decades have seen a decline in traditional industries in the United Kingdom and there has been a relative decline in the value of physical assets to the UK economy. At the same time, the value of intangible assets seen in intellectual property rights have increased considerably. As such, IP rights represent important assets for companies and often comprise the foundation for market dominance and continued profitability. There is a structural uncertainty in the law relating to the use (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  17. Ray Campbell (2009). 'Law Reform' and Abortion in Queensland. Chisholm Health Ethics Bulletin 15 (2):4.score: 96.0
    Campbell, Ray Trying to fully understand what was behind the recent amendments to the Criminal Code in Queensland and the continued pressure to change the law on abortion is something like trying to do a jigsaw puzzle. However, in this case there are one or two foreign pieces that really do not contribute to the true picture, but are introduced as a distraction.
    No categories
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  18. Massimo Leone (2013). Intracultural Awareness in Legal Language—Silvio Berlusconi's Iconography of Law. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (3):579-595.score: 96.0
    Against the assumption that legal and normative systems are coextensive with geopolitical units and national spaces, the article advocates for the need to study how different legal and normative semiospheres, within the same geopolitical unit and national space, often give rise to ‘normolects’ that are transversal to socio-economic classes, ethnicities, and cultural lifestyles. The concept of legal and normative ‘imaginaries’ is useful to come to terms with the legal and normative semiotic ideology of such normolects, including their non-verbal dimension and (...)
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  19. Peter D. Rush (2011). Jurisdictions of Sexual Assault: Reforming the Texts and Testimony of Rape in Australia. [REVIEW] Feminist Legal Studies 19 (1):47-73.score: 96.0
    The reform of rape law remains a vexed enterprise. The wager of this article is that the plural traditions and technologies of criminal law can provide the resources for a radical rethinking of rape law. Parts 1 and 2 return to the historical and structural forms of rape law reform in Australia. These forms of reform illustrate a variety of criminal jurisdictions, and a transformation in the way in which rape law reform is conducted now. Against (...)
    No categories
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  20. Yi-Chen Su (forthcoming). When Ethical Reform Became Law: The Constitutional Concerns Raised by Recent Legislation in Taiwan. Journal of Medical Ethics:2013-101599.score: 96.0
    In an effort at ethical reform, Taiwan recently revised the Hospice Palliative Care Law authorising family members or physicians to make surrogate decisions to discontinue life-sustaining treatment if an incompetent terminally ill patient did not express their wishes while still competent. In particular, Article 7 of the new law authorises the palliative care team, namely the physicians, to act as sole decision-makers on behalf of the incompetent terminally ill patient's best interests if no family member is available. However, the (...)
    Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  21. Nicole A. Vincent (2008). Book Review of "Torts, Egalitarianism and Distributive Justice" by Tsachi Keren-Paz. [REVIEW] Australian Journal of Legal Philosophy 33:199-204.score: 90.0
    In "Torts, Egalitarianism and Distributive Justice" (Ashgate, 2007), Tsachi Keren-Paz presents impressingly detailed analysis that bolsters the case in favour of incremental tort law reform. However, although this book's greatest strength is the depth of analysis offered, at the same time supporters of radical law reform proposals may interpret the complexity of the solution that is offered (and its respective cost) as conclusive proof that tort law can only take adequate account of egalitarian aims at an unacceptably high (...)
    Translate to English
    | Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  22. Earl Winkler (1985). Decisions About Life and Death: Assessing the Law Reform Commission and the Presidential Commission Reports. [REVIEW] Journal of Medical Humanities and Bioethics 6 (2):74-89.score: 90.0
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  23. Peter Singer, Law Reform, or DIY Suicide.score: 90.0
    John Stuart Mill argued in On Liberty that the sole purpose for which the state can rightly exercise power over an individual is to prevent harm to others. "His own good, either physical or moral," Mill wrote, "is not a sufficient warrant." A century and a half later, although many people think a limited amount of state paternalism is reasonable-for example, to require people to wear seat belts when in a car and motorcycle helmets when riding a motorbike-we tend to (...)
    No categories
    Translate to English
    | Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  24. Michael D. Bayles (1983). Criminal Law, The General Part: Liability and Defences Law Reform Commission of Canada Working Paper 29 Ottawa: Minister of Supply and Services Canada, 1982. Pp. Vii, 204. Free From LRCC. [REVIEW] Dialogue 22 (03):553-555.score: 90.0
    No categories
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  25. Shane Varcoe (2011). 'Normalising' Drug Use?: What Does the 'Pro-Drug' Lobby's Law Reform Agenda Affirm and Reinforce in Their Current Endeavours to 'Normalise' Drug Use? [REVIEW] Bioethics Research Notes 23 (4):56.score: 90.0
    Varcoe, Shane Until recently, there has been a largely unnoticed contingent of stakeholders who have not merely abandoned the ideal scenario of a drug free culture, but have quickly stepped through a phase of passive indifference, into what is a 'pro-drug' position in active pursuit of rights for individuals to be protected and supported in their consumption of currently illicit drugs. The players engaged in attempting to bring about this disturbing cultural shift are varied, but certainly these advocates are 'spinning' (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  26. Barry Hoffmaster (1982). Medical Treatment and Criminal Law: Working Paper 26 Law Reform Commission Of Canada, Ottawa, 1980 Pp. 136. Available Free of Charge From the Law Reform Commission of Canada, 130 Albert Street, Ottawa K1A OL. [REVIEW] Dialogue 21 (03):560-564.score: 90.0
    No categories
    Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  27. Ron Paterson (1996). Health Care Law: Medical Manslaughter Law Reform: A Mistaken Diagnosis. Health Care Analysis 4 (1):54-59.score: 90.0
    Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  28. Roger Shiner (2009). Crime and Criminal Law Reform: A Theory of the Legislative Response. Critical Review of International Social and Political Philosophy 12 (1):63-84.score: 90.0
    Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  29. A. M. Smith (1995). Law Reform and Human Reproduction. Journal of Medical Ethics 21 (2):123-124.score: 90.0
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  30. L. Wenzel (1986). Washington Watch: Outlook Bright for Pesticide Law Reform. Bioscience 36 (6):367-367.score: 90.0
    No categories
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  31. George Conklin (1999). Law, Reform, and the Origins of Persecution: Stephen of Tournai and the Order of Grandmont. Mediaeval Studies 61 (1):107-136.score: 90.0
    No categories
    Direct download  
     
    My bibliography  
     
    Export citation  
  32. W. A. Lee (1986). Report on the Law of Trusts, Ontario Law Reform Commission, 1984. Oxford Journal of Legal Studies 6 (1):150-159.score: 90.0
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  33. J. C. Mackenzie (1981). Law Reform Commission of Canada, Report 15: Criteria for the Determination of Death Reviewed By. Philosophy in Review 1 (4):156-157.score: 90.0
    No categories
    Direct download  
     
    My bibliography  
     
    Export citation  
  34. Tony Colman & Roger Lyons (2001). Opening Session: Good Business and Company Law Reform. [REVIEW] Journal of Business Ethics 32 (2):95 - 100.score: 90.0
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  35. S. M. Cretney (1990). The Forfeiture Act 1982: The Private Member's Bill as an Instrument of Law Reform. Oxford Journal of Legal Studies 10 (3):289-306.score: 90.0
    Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  36. J. H. Farrar (1987). Law Reform in New Zealand. Oxford Journal of Legal Studies 7 (1):151-154.score: 90.0
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  37. Donald Harris (1991). Tort Law Reform in the United States. Oxford Journal of Legal Studies 11 (3):407-415.score: 90.0
    Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  38. Jonathan Hill (1989). Comparative Law, Law Reform and Legal Theory. Oxford Journal of Legal Studies 9 (1):101-115.score: 90.0
    Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  39. D. W. Mclauchlan (1981). Contract Law Reform in New Zealand: The Contractual Remedies Act 1979. Oxford Journal of Legal Studies 1 (2):284-295.score: 90.0
    Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  40. C. J. Miller (1981). Ontario Law Reform Commission: Report on Products Liability. Oxford Journal of Legal Studies 1 (1):130-134.score: 90.0
    Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  41. Christine Nicholls (2002). Indigenous Australian Art: The Case for Law Reform. Feminist Studies 28 (1):212-215.score: 90.0
    No categories
     
    My bibliography  
     
    Export citation  
  42. Simone Wong (2006). Cohabitation and the Law Commission's Project. Feminist Legal Studies 14 (2):145-166.score: 90.0
    In 2004, the U.K. parliament passed the Civil Partnership Act which provides a scheme to enable same-sex couples to obtain formal recognition of their relationships through the registration of a civil partnership. When the Civil Partnership Bill was making its way through parliament, attempts were made in the House of Lords to derail the Bill through amendments seeking to extend the Bill to certain familial relationships of care and support. In order to counter these attempts and to facilitate the removal (...)
    No categories
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  43. Nicole A. Vincent (2005). Compensation for Mere Exposure to Risk. Australian Journal of Legal Philosophy 29:89-101.score: 84.0
    It could be argued that tort law is failing, and arguably an example of this failure is the recent public liability and insurance (‘PL&I’) crisis. A number of solutions have been proposed, but ultimately the chosen solution should address whatever we take to be the cause of this failure. On one account, the PL&I crisis is a result of an unwarranted expansion of the scope of tort law. Proponents of this position sometimes argue that the duty of care owed by (...)
    Translate to English
    | Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  44. Gintautas Bužinskas & Utenos Kolegija (2013). The EU Member Countries' National Law Influence on the Reform of the Institution of Labour Disputes in the Republic of Lithuania. Jurisprudence 20 (3):1153-1173.score: 84.0
    Straipsnyje nagrinėjamas Lietuvos Respublikos darbo ginčų instituto reformavimas ir kaita Nepriklausomybės laikotarpiu atskirų Europos Sąjungos valstybių patirties kontekste. Darbo ginčų reforma Lietuvoje minimu laikotarpiu vyko keliais etapais, iš jų paskutinysis, prasidėjęs 2013 m. sausio 1 d., pakeitė darbo ginčų komisijų organizavimo tvarką, šias komisijas pradėjus kurti teritoriniu principu, prie veikiančių Valstybinės darbo inspekcijos teritorinių padalinių, nustačius, kad į darbo ginčų komisiją su skundu gali kreiptis ne tik darbuotojas, bet ir darbdavys, įvedus kitas naujoves. Tačiau šie pokyčiai vis dar neatspindi europinių (...)
    Translate to English
    | Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  45. John B. Quigley (2007). Soviet Legal Innovation and the Law of the Western World. Cambridge University Press.score: 84.0
    This book explains an interaction between Soviet Russia and the West that has been overlooked in much of the analysis of the demise of the USSR. Legislation strikingly similar to the Marxist-inspired laws of Soviet Russia found its way into the legal systems of the Western world. Even though Western governments were at odds with the Soviet government, they were affected by the ideas it put forth. Western law was transformed radically during the course of the twentieth century, and much (...)
     
    My bibliography  
     
    Export citation  
  46. Peter Cane (2005). Taking Disagreement Seriously: Courts, Legislatures and the Reform of Tort Law. Oxford Journal of Legal Studies 25 (3):393-417.score: 78.0
    This article explores the relevance of disagreement about values and about the functions and effects of law to debates concerning the appropriate relationship between courts and legislatures, common law and statute. Recent developments in tort law provide a context for the discussion. The argument is that in general, political processes of law-making should be preferred judicial processes.
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  47. Sara Rosenbaum (2009). Insurance Discrimination on the Basis of Health Status: An Overview of Discrimination Practices, Federal Law, and Federal Reform Options. Journal of Law, Medicine and Ethics 37:101-120.score: 78.0
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  48. Timothy S. Jost (1994). Waiting for Reform: Developments in the Law of Health Care Access and Finance: 1992?1993. Journal of Law, Medicine and Ethics 22 (1):63-71.score: 78.0
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  49. Pekka Virtanen (2004). The Politics of Law in Mozambique: Customary Authority and Changing Premises of Legal Reform. International Journal for the Semiotics of Law Revue Internationale de Sémiotique Juridique 17 (1):53-75.score: 78.0
    No categories
    Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  50. S. Sheldon (2009). A Missed Opportunity to Reform an Outdated Law. Clinical Ethics 4 (1):3-5.score: 72.0
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
1 — 50 / 1000