Search
Full bibliography 1,114 resources
-
Ending the marital rape exemption in criminal law is a demand for legal equality and autonomy for women, rights that are enshrined in international human rights law. Drawing on international human rights law as a source of authority for challenging the marital rape exception in criminal law allows feminist and other social justice organizations, within their specific national and local contexts, to seek greater state action and accountability toward ending this form of violence against women and this violation of women’s human rights. In this reply, we challenge the arguments in the symposium that oppose or caution against criminalizing sexual violence in intimate relationships as a necessary legal strategy, and that refute our view that ending the marital rape exemption is required by international human rights law.
-
Despite the widely accepted relationship between quality primary education and sustainable, equitable development, two of the world’s fastest-growing democracies—India and Brazil— continue to trail their regional and economic peers in basic learning outcomes. Using a supply and demand framework, this article identifies six institutional factors that we hypothesize may have been determinative in shaping education outcomes in both countries: actual popular demand, availability of information about public education quality, impact of private school alternatives, financial allocations, incentive structures for educational personnel, and the influence of political institutions on the responsiveness of public leaders. Our analysis reveals the interrelationships among these six factors and their connections to broader economic, political, social, and historical realities in each country. We conclude by identifying central elements of public accountability mechanisms that seem to be the most appropriate institutional venues to create and maintain the type of sustained, focused public pressure necessary to achieve lasting improvements to access and quality.
-
Sylvia McAdam, 2015 20-1 Justice as Healing, 2015 CanLIIDocs 257
-
As has long been recognized, the contract of employment depends on the commodification of labour power. Notwithstanding debates amongst political theorists and trade union activists about whether individuals should be viewed as self-owners, and whether it is possible to sell one’s capabilities without selling one’s self, the law does treat labour power as a commodity. There has been little research on the ways in which the law does so, however, for the simple reason that self-ownership of one’s laboring capacities is often taken as fact, as the starting premise for analysis, and treated as a necessary pre-condition for individual self-realization through contract. Moreover, proprietary and contractual forms of regulating work are often presented as diametrically opposed: a proprietary method of labour regulation is said to create a relationship of slavery, while contract is presented as an institution of choice. This paper argues that an analysis of labour power as property, and its relationship to contract, emphasizes that both contract and property are enmeshed in the legal regulation of waged employment. Examining the ways in which the courts have given shape to individuals' proprietary rights over their labour power, and have set the terms for its exchange, demonstrates that the limitations on employer's rights of control are not inherent to the contractual form. Instead, they often depend on wider social processes, such as production and labour processes, collective bargaining, and statutory regulation. Examining proprietary rights over labour power provides another window onto the malleability of the contractual form, and the degree to which political choices are made by courts and legislators in determining the terms of the employment contract. This paper therefore investigates the relationship between contract, and labour power as property. To do so the historical evolution of contractual limitations on employers’ rights of control will be canvassed, and the ways in which these limitations are now fraying. In particular, the development of the managerial prerogative from a property to a contract-based interest is described, and the ways in which concepts of working-time have operated, in theory, to separate in law the commodification of labour power from the commodification of self. Finally, the paper concludes by examining the ways in which these limiting mechanisms are beginning to disappear, as collective bargaining protections dissipate and the statutory protections are rolled back.
Explore
Author / Editor
- Ali Hammoudi (14)
- Anneke Smit (27)
- Annette Demers (9)
- Beverly Jacobs (31)
- Brian Manarin (15)
- Christopher Waters (61)
- Claire Mummé (19)
- Dan Rohde (4)
- Danardo Jones (16)
- Daniel Del Gobbo (34)
- David Tanovich (57)
- Gemma Smyth (34)
- Irina Ceric (21)
- Jasminka Kalajdzic (72)
- Jeff Berryman (63)
- Jillian Rogin (8)
- Joanna Noronha (3)
- Joshua Sealy-Harrington (36)
- Kristen Thomasen (21)
- Laverne Jacobs (66)
- Lisa Trabucco (3)
- Margaret Liddle (4)
- Meris Bray (4)
- Mita Williams (8)
- Muharem Kianieff (18)
- Myra Tawfik (23)
- Noel Semple (79)
- Pascale Chapdelaine (41)
- Paul Ocheje (12)
- Reem Bahdi (49)
- Richard Moon (91)
- Ruth Kuras (5)
- Sara Wharton (16)
- Shanthi E. Senthe (8)
- Sujith Xavier (46)
- Sylvia Mcadam (5)
- Tess Sheldon (27)
- Valerie Waboose (4)
- Vasanthi Venkatesh (22)
- Vicki Jay Leung (9)
- Vincent Wong (19)
- Wissam Aoun (25)
Resource type
- Audio Recording (3)
- Blog Post (21)
- Book (83)
- Book Section (142)
- Conference Paper (3)
- Document (5)
- Film (3)
- Journal Article (436)
- Magazine Article (36)
- Newspaper Article (16)
- Preprint (323)
- Report (7)
- Thesis (32)
- Video Recording (4)
Publication year
- Between 1900 and 1999 (57)
-
Between 2000 and 2025
(1,057)
- Between 2000 and 2009 (205)
- Between 2010 and 2019 (537)
- Between 2020 and 2025 (315)