Obligations and Omissions

Obligations and Omissions

Author: Rebecca Tiessen

Publisher: McGill-Queen's Press - MQUP

Published: 2017-06-12

Total Pages: 309

ISBN-13: 0773550267

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On issues pertaining to women and girls, Stephen Harper’s federal government positioned Canada as a “beacon of light” in the world. Programs were developed in relation to women’s maternal health and the protection of the girl child, but other actions point to an ambiguous and even contradictory approach that failed to address gender inequality. In Obligations and Omissions, contributors examine Canada’s equivocal – and diminished – role in working toward gender equality in the period between 2006 and 2015. Using a critical feminist lens to document, analyze, and challenge Canada’s relations with the Global South, chapters explore the extent to which matters of gender equality have been erased or exploited under the Harper government and the factors that explain these policy shifts. While the contributors document successes in Canada’s approach to some issues facing women and girls around the world, they also show many problems with the ways that agenda was framed and implemented under the Conservative government.. Drawing on rich theoretical investigation, empirical research, and discourse analysis, Obligations and Omissions reveals a complex picture of diverse practices, underscoring the implications of these actions for communities in the Global South, for Canada’s image in the international community, and for future governments in the pursuit of a renewed gender equality strategy.


Omissions

Omissions

Author: Randolph Clarke

Publisher: Oxford University Press, USA

Published: 2014

Total Pages: 239

ISBN-13: 0199347522

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Besides acting, we often omit to do or refrain from doing certain things. Omitting and refraining are not simply special cases of action; they require their own distinctive treatment. This book offers the first comprehensive account of these phenomena, addressing questions of metaphysics, agency, and moral responsibility.


Positive Obligations in Criminal Law

Positive Obligations in Criminal Law

Author: Andrew Ashworth

Publisher: A&C Black

Published: 2014-07-18

Total Pages: 395

ISBN-13: 1782253424

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This book offers a set of essays, old and new, examining the positive obligations of individuals and the state in matters of criminal law. The centrepiece is a new, extended essay on the criminalisation of omissions-examining the duties to act imposed on individuals and organisations by the criminal law, and assessing their moral and social foundations. Alongside this is another new essay on the state's positive obligations to put in place criminal laws to protect certain individual rights. Introducing the volume is the author's much-cited essay on criminalisation, 'Is the Criminal Law a Lost Cause?'. The book sets out to shed new light on contemporary arguments about the proper boundaries of the criminal law, not least by exploring the justifications for imposing positive duties (reinforced by the criminal law) on individuals and their relation to the positive obligations of the state.


The Law of Obligations

The Law of Obligations

Author: Reinhard Zimmermann

Publisher: Clarendon Press

Published: 1996

Total Pages: 1316

ISBN-13: 9780198764267

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This book is widely regarded as one of the most remarkable achievements in Roman Law and Comparative Law scholarship this century - a fact attested to by the universal acclaim with which it has been received throughout Europe, America, and beyond. As a work of Roman Law scholarship it fusesthe vast volume of 20th century scholarship on the Roman law of obligations into a clear and very readable (and in many ways original) account of the law. As a work of comparative law it traces the transformation of the Roman law of obligations over the centuries into what is now modern German,English and South African law, presenting the reader with a contrast between these legal systems which is unique both in its scope and its depth. As a whole the book is written with a deep understanding of human nature and of many social, economic, and other forces that determine the face of thelaw.


Model Rules of Professional Conduct

Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.


The Ethics and Law of Omissions

The Ethics and Law of Omissions

Author: Dana Kay Nelkin

Publisher: Oxford University Press

Published: 2017

Total Pages: 265

ISBN-13: 0190683457

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This edited volume of new essays explores the principles that govern moral responsibility and legal liability for omissive conduct--behavior that did not occur. Many contributors here try to make sense of the possibility of moral responsibility for omissions, including those that occur unwittingly. The disagreements among them concern the grounds of moral responsibility in these cases: the constellation of states and traits that constitute the self, or the quality of one's will, or exercises of evaluative judgment, or the ability and opportunity to avoid the omission, or the tracing back to a time when one had the witting ability to take steps to avoid future omission. Some contributors consider whether omissions need to be under one's control if one is to be morally responsible for them, as well as which sense of "control" is relevant, if it is, to the question of moral responsibility. Yet others consider whether it is possible for an agent to be morally responsible for an omission that she could not have avoided. On the legal side, contributors also consider various issues concerning the status of omissions in the law: whether circumstances that are usually described as involving legal liability for omissions are better described as involving legal liability for entire courses of conduct; the conditions (such as creation of the peril) under which one can be legally liable for an omission to rescue; why a defendant's legal guilt for a crime can be predicated on an omission to act only if the defendant was under a legal duty to engage in the omitted act; and whether this "duty requirement" is grounded in the desirability of shielding from legal liability those who are not criminally culpable or in the constraint that one's body and property may not be appropriated for the general good. Included with the essays is an introduction to the topic by the volume editors. The book will be of interest to moral philosophers, philosophers of law, and other legal scholars.


Complicity in International Law

Complicity in International Law

Author: Miles Jackson

Publisher: Oxford University Press, USA

Published: 2015

Total Pages: 273

ISBN-13: 0198736932

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Analysing the nature of complicity in international criminal law, this book provides an account of the growing attention being paid to the issue. Exploring the responsibilities of individuals, states, and non-state actors in their obligations, the changing status of complicity in international law is demonstrated.


The Law of International Responsibility

The Law of International Responsibility

Author: James Crawford

Publisher: Oxford University Press

Published: 2010-05-20

Total Pages: 1364

ISBN-13: 0199296979

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The law of international responsibility is one of international law's core foundational topics. Written by international experts, this book provides an overview of the modern law of international responsibility, both as it applies to states and to international organizations, with a focus on the ILC's work.


Criminal Law Theory

Criminal Law Theory

Author: Stephen Shute

Publisher: Oxford University Press, USA

Published: 2002

Total Pages: 356

ISBN-13: 9780199243495

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Concentrating upon those doctrines that make up the general part of the criminal law this collection of essays by leading American and British legal experts sheds theoretical light on key issues of contemporary relevance.