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Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 70
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Book Description
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 70
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Book Description
Author: Australia. Federal Court
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 644
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Book Description
Author: Aharon Barak
Publisher: Princeton University Press
ISBN: 1400841267
Category : Law
Languages : en
Pages : 444
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Book Description
This book presents a comprehensive theory of legal interpretation, by a leading judge and legal theorist. Currently, legal philosophers and jurists apply different theories of interpretation to constitutions, statutes, rules, wills, and contracts. Aharon Barak argues that an alternative approach--purposive interpretation--allows jurists and scholars to approach all legal texts in a similar manner while remaining sensitive to the important differences. Moreover, regardless of whether purposive interpretation amounts to a unifying theory, it would still be superior to other methods of interpretation in tackling each kind of text separately. Barak explains purposive interpretation as follows: All legal interpretation must start by establishing a range of semantic meanings for a given text, from which the legal meaning is then drawn. In purposive interpretation, the text's "purpose" is the criterion for establishing which of the semantic meanings yields the legal meaning. Establishing the ultimate purpose--and thus the legal meaning--depends on the relationship between the subjective and objective purposes; that is, between the original intent of the text's author and the intent of a reasonable author and of the legal system at the time of interpretation. This is easy to establish when the subjective and objective purposes coincide. But when they don't, the relative weight given to each purpose depends on the nature of the text. For example, subjective purpose is given substantial weight in interpreting a will; objective purpose, in interpreting a constitution. Barak develops this theory with masterful scholarship and close attention to its practical application. Throughout, he contrasts his approach with that of textualists and neotextualists such as Antonin Scalia, pragmatists such as Richard Posner, and legal philosophers such as Ronald Dworkin. This book represents a profoundly important contribution to legal scholarship and a major alternative to interpretive approaches advanced by other leading figures in the judicial world.
Author: Marlou Schrover
Publisher: Amsterdam University Press
ISBN: 9089640479
Category : Social Science
Languages : en
Pages : 196
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Book Description
This incisive study combines the two subjects and views the migration scholarship through the lens of the gender perspective.
Author: Richard Abel
Publisher: Indiana University Press
ISBN: 0861969154
Category : Performing Arts
Languages : en
Pages : 362
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Book Description
Essays on “how motion pictures in the first two decades of the 20th century constructed ‘communities of nationality’ . . . recommended.” —Choice While many studies have been written on national cinemas, Early Cinema and the “National” is the first anthology to focus on the concept of national film culture from a wide methodological spectrum of interests, including not only visual and narrative forms, but also international geopolitics, exhibition and marketing practices, and pressing linkages to national imageries. The essays in this richly illustrated landmark anthology are devoted to reconsidering the nation as a framing category for writing cinema history. Many of the 34 contributors show that concepts of a national identity played a role in establishing the parameters of cinema’s early development, from technological change to discourses of stardom, from emerging genres to intertitling practices. Yet, as others attest, national meanings could often become knotty in other contexts, when concepts of nationhood were contested in relation to colonial/imperial histories and regional configurations. Early Cinema and the “National” takes stock of a formative moment in cinema history, tracing the beginnings of the process whereby nations learned to imagine themselves through moving images.
Author: Lisa Sun-Hee Park
Publisher: NYU Press
ISBN: 0814768040
Category : Nature
Languages : en
Pages : 287
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Book Description
Offering a new understanding of low-wage immigrants (mostly from Latin America) who have become the foundation for service and leisure work in a famous resort, and of the recent history of the ski industry, Park and Pellow expose the ways in which Colorado boosters have reshaped the landscape and ecosystems in the pursuit of profit.
Author: John Norton Moore
Publisher: Berghahn Books
ISBN:
Category : Law
Languages : en
Pages : 1448
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Book Description
Author: Ulbe Bosma
Publisher: Amsterdam University Press
ISBN: 9089644547
Category : Social Science
Languages : en
Pages : 504
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Book Description
In this book Ulbe Bosma explores the experience of immigrants in the Netherlands over sixty years and three generations. Looking at migrants from all countries, Bosma teases out how their ethnic identities are informed by Dutch culture, and how these immigrant identities evolve over time.“Fascinating, comprehensive, and historically grounded, this essential volume reveals how the colonial past continues to shape multicultural Dutch society. . . . It is an important counterpart to work on France, Britain, and Portugal.”—Andrea Smith, Lafayette College
Author: Peter Brimelow
Publisher: Random House (NY)
ISBN:
Category : Political Science
Languages : en
Pages : 358
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Book Description
The controversial, bestselling book (37,500 hardcover copies sold) that helps define the debate about one of the most important and hotly contested issues facing America: immigration.
Author: Andrew J. Fuligni
Publisher: Russell Sage Foundation
ISBN: 1610442334
Category : Education
Languages : en
Pages : 283
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Book Description
Since the end of legal segregation in schools, most research on educational inequality has focused on economic and other structural obstacles to the academic achievement of disadvantaged groups. But in Contesting Stereotypes and Creating Identities, a distinguished group of psychologists and social scientists argue that stereotypes about the academic potential of some minority groups remain a significant barrier to their achievement. This groundbreaking volume examines how low institutional and cultural expectations of minorities hinder their academic success, how these stereotypes are perpetuated, and the ways that minority students attempt to empower themselves by redefining their identities. The contributors to Contesting Stereotypes and Creating Identities explore issues of ethnic identity and educational inequality from a broad range of disciplinary perspectives, drawing on historical analyses, social-psychological experiments, interviews, and observation. Meagan Patterson and Rebecca Bigler show that when teachers label or segregate students according to social categories (even in subtle ways), students are more likely to rank and stereotype one another, so educators must pay attention to the implicit or unintentional ways that they emphasize group differences. Many of the contributors contest John Ogbu's theory that African Americans have developed an "oppositional culture" that devalues academic effort as a form of "acting white." Daphna Oyserman and Daniel Brickman, in their study of black and Latino youth, find evidence that strong identification with their ethnic group is actually associated with higher academic motivation among minority youth. Yet, as Julie Garcia and Jennifer Crocker find in a study of African-American female college students, the desire to disprove negative stereotypes about race and gender can lead to anxiety, low self-esteem, and excessive, self-defeating levels of effort, which impede learning and academic success. The authors call for educational institutions to diffuse these threats to minority students' identities by emphasizing that intelligence is a malleable rather than a fixed trait. Contesting Stereotypes and Creating Identities reveals the many hidden ways that educational opportunities are denied to some social groups. At the same time, this probing and wide-ranging anthology provides a fresh perspective on the creative ways that these groups challenge stereotypes and attempt to participate fully in the educational system.
