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Trans Rights and Wrongs

Author: Isabel C. Jaramillo
Publisher: Springer Nature
ISBN: 3030684946
Category : Law
Languages : en
Pages : 552

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Book Description

This book maps various national legal responses to gender mobility, including sex and name registration, access to gender modification interventions, and anti-discrimination protection (or lack thereof) and regulations. The importance of the underlying legislation and history is underlined in order to understand the law’s functions concerning discrimination, exclusion, and violence, as well as the problematic nature of introducing biology into the regulation of human relations, and using it to justify pain and suffering. The respective chapters also highlight how various governmental authorities, as well as civil society, have been integral in fostering or impeding the welfare of trans persons, from judges and legislators, to medical commissions and law students. A collective effort of scholars scattered around the globe, this book recognizes the international trend toward self-determination in sex classification and a generous guarantee of rights for individuals expressing diverse gender identities. The book advocates the dissemination of a model for the protection of rights that not only focuses on formal equality, but also addresses the administrative obstacles that trans persons face in their daily lives. In addition, it underscores the importance of courts in either advancing or obstructing the realization of individual rights.

Trans Rights and Wrongs

Author: Isabel C. Jaramillo
Publisher: Springer Nature
ISBN: 3030684946
Category : Law
Languages : en
Pages : 552

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Book Description
This book maps various national legal responses to gender mobility, including sex and name registration, access to gender modification interventions, and anti-discrimination protection (or lack thereof) and regulations. The importance of the underlying legislation and history is underlined in order to understand the law’s functions concerning discrimination, exclusion, and violence, as well as the problematic nature of introducing biology into the regulation of human relations, and using it to justify pain and suffering. The respective chapters also highlight how various governmental authorities, as well as civil society, have been integral in fostering or impeding the welfare of trans persons, from judges and legislators, to medical commissions and law students. A collective effort of scholars scattered around the globe, this book recognizes the international trend toward self-determination in sex classification and a generous guarantee of rights for individuals expressing diverse gender identities. The book advocates the dissemination of a model for the protection of rights that not only focuses on formal equality, but also addresses the administrative obstacles that trans persons face in their daily lives. In addition, it underscores the importance of courts in either advancing or obstructing the realization of individual rights.

Transgender Rights

Author: Susan Gluck Mezey
Publisher: Routledge
ISBN: 1351120840
Category : Political Science
Languages : en
Pages : 222

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Book Description
This book examines the transgender community’s struggle for equality over the last decade, comparing the Obama and Trump administrations’ stance on transgender rights policies. Transgender rights claims have assumed an important place on the nation’s policymaking agenda as society has increasingly become aware that transgender individuals are subject to discrimination because they do not conform to the norms of the gender identity they were assigned at birth. With Congress virtually absent from the policymaking process, the executive branch and the federal courts have been chiefly responsible for determining the parameters of transgender rights policies. The study contrasts the Obama administration’s efforts to expand equal rights for the transgender community, especially in employment, education, and military service, with the Trump administration’s determination to rescind the Obama-era initiatives. In their efforts to do so, Trump administration officials have urged the courts to reverse decisions extending the benefit of civil rights laws and constitutional guarantees to the transgender community, arguing that gender identity is outside the scope of these protections. Although most federal courts have been inclined to accept the Obama administration’s perspective on transgender rights, ultimately, this will be a matter for the U.S. Supreme Court to decide. The book is appropriate for students, scholars, and interested general readers.

Female Masculinities and the Gender Wars

Author: Finn Mackay
Publisher: Bloomsbury Publishing
ISBN: 0755606655
Category : Social Science
Languages : en
Pages : 264

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Book Description
Female Masculinities and the Gender Wars provides important theoretical background and context to the 'gender wars' or 'TERF wars' – the fracture at the forefront of the LGBTQ international conversation. Using queer and female masculinities as a lens, Finn Mackay investigates the current generational shift that is refusing the previous assumed fixity of sex, gender and sexual identity. Transgender and trans rights movements are currently experiencing political backlash from within certain lesbian and lesbian feminist groups, resulting in a situation in which these two minority communities are frequently pitted against one another or perceived as diametrically opposed. Uniquely, Finn Mackay approaches this debate through the context of female masculinity, butch and transmasculine lesbian masculinities. There has been increasing interest in the study of masculinity, influenced by a popular discourse around so-called 'toxic masculinity', the rise of men's rights activism and theory and critical work on Trump's America and the MeToo movement. An increasingly important topic in political science and sociological academia, this book aims to break new ground in the discussion of the politics of gender and identity.

Public Policy and Private International Law

Author: Meyer, Olaf
Publisher: Edward Elgar Publishing
ISBN: 1789902665
Category : Law
Languages : en
Pages : 503

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Book Description
The public policy exception in private international law is designed to provide a national backstop in the application of foreign laws. This book provides detailed and practical comparative coverage of the use of public policy in the context of private international law across a number of important jurisdictions spanning three continents.

Rights, Wrongs, and Injustices

Author: Stephen A. Smith
Publisher: Oxford University Press
ISBN: 0191058742
Category : Law
Languages : en
Pages : 368

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Book Description
Rights, Wrongs, and Injustices is the first comprehensive account of the scope, foundations, and structure of remedial law in common law jurisdictions. The rules governing the kinds of complaints that common law courts will accept are generally well understood. However, the rules governing when and how they respond to such complaints are not. This book provides that understanding. It argues that remedies are judicial rulings, and that remedial law is the law governing their availability and content. Focusing on rulings that resolve private law disputes (for example, damages, injunctions, and restitutionary orders), this book explains why remedial law is distinctive, how it relates to substantive law, and what its foundational principles are. The book advances four main arguments. First, the question of what courts should do when individuals seek their assistance (the focus of remedial law) is different from the question of how individuals should treat one another in their day-to-day lives (the focus of substantive law). Second, remedies provide distinctive reasons to perform the actions they command; in particular, they provide reasons different from those provided by either rules or sanctions. Third, remedial law has a complex relationship to substantive law. Some remedies are responses to rights-threats, others to wrongs, and yet others to injustices. Further, remedies respond to these events in different ways: while many remedies (merely) replicate substantive duties, others modify substantive duties and some create entirely new duties. Finally, remedial law is underpinned by general principles-principles that cut across the traditional distinctions between so-called " and " remedies. Together, these arguments provide an understanding of remedial law that takes the concept of a remedy seriously, classifies remedies according to their grounds and content, illuminates the relationship between remedies and substantive law, and presents remedial law as a body of principles rather than a historical category.

Decisional Privacy and the Rights of the Child

Author: Georgina Dimopoulos
Publisher: Taylor & Francis
ISBN: 1000761517
Category : Law
Languages : en
Pages : 268

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Book Description
Decisional privacy gives individuals the freedom to act and make decisions about how they live their lives, without unjustifiable interference from other individuals or the state. This book advances a theory of a child’s right to decisional privacy. It draws on the framework of the United Nations Convention on the Rights of the Child and extends the work of respected children’s rights scholars to address a significant gap in understanding the interconnections between privacy, family law and children’s rights. It contextualises the theory through a case study: judicial proceedings concerning medical treatment for children experiencing gender dysphoria. This work argues that recognising a substantive right to decisional privacy for children requires procedural rights that facilitate children’s meaningful participation in decision-making about their best interests. It also argues that, as courts have increasingly encroached upon decision-making regarding children’s medical treatment, they have denied the decisional privacy rights of transgender and gender diverse children. This book will benefit researchers, students, judicial officers and practitioners in various jurisdictions worldwide grappling with the tensions between children’s rights, parental responsibilities and state duties in relation to children’s best interests, and with the challenge of better enabling and listening to children’s voices in decision-making processes.

The History and Growth of Judicial Review, Volume 2

Author: Steven G. Calabresi
Publisher: Oxford University Press
ISBN: 0190075732
Category : Law
Languages : en
Pages : 373

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Book Description
"This book examines the origins and growth of judicial review in the key G-20 constitutional democracies, which include: the United States; the United Kingdom; France; Germany; Japan; Italy; India; Canada; Australia; South Korea; Brazil; South Africa; Indonesia; Mexico; and the European Union. The book considers five different theories, which help to explain the origins of judicial review, and it identifies which theories apply best in the various countries discussed. It considers not on what gives rise to judicial review originally, but also what causes of judicial review lead it to become more powerful and prominent over times. The positive account of what causes the origins and growth of judicial review in so many very different countries over such a long period of time has normative implications"--

Reader's Guide to Lesbian and Gay Studies

Author: Timothy Murphy
Publisher: Routledge
ISBN: 113594234X
Category : Reference
Languages : en
Pages : 748

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Book Description
The Reader's Guide to Lesbian and Gay Studies surveys the field in some 470 entries on individuals (Adrienne Rich); arts and cultural studies (Dance); ethics, religion, and philosophical issues (Monastic Traditions); historical figures, periods, and ideas (Germany between the World Wars); language, literature, and communication (British Drama); law and politics (Child Custody); medicine and biological sciences (Health and Illness); and psychology, social sciences, and education (Kinsey Report).

Human Rights, Human Wrongs

Author: Nicholas J. Owen
Publisher: Oxford University Press on Demand
ISBN: 9780192802194
Category : Political Science
Languages : en
Pages : 374

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Book Description
7. War and Photography

Rights, Wrongs and Responsibilities

Author: M. Kramer
Publisher: Springer
ISBN: 0230523633
Category : Philosophy
Languages : en
Pages : 247

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Book Description
In this wide-ranging investigation of many prominent issues in contemporary legal and political philosophy, eight distinguished philosophers and legal theorists (including Matthew Kramer, Hillel Steiner, Antony Duff, Sandra Marshall, Wilfrid Waluchow, and Nicholas Bamforth) tackle issues such as the rights of animals and foetuses, the relationship between law and politics, the requirements of justice, the demands of practical rationality, the role of public-policy considerations in legal reasoning, the fundamental characteristics of legal and moral entitlements, the appropriateness of compensation as a means of rectifying mishaps and misdeeds, the extent of individuals' responsibility for the consequences of their choices, and the culpability of failed attempts to commit crimes. Together, the eight principal essays in Rights, Wrongs, and Responsibilities shed philosophical light on public law, criminal law, and most areas of private law as they explore the bearings of the three key concepts in the volume's title.