73 resultados para trust law
em Brock University, Canada
Resumo:
The paper concentrates on trust as a research topic that receives increasing attention from the side of different social disciplines. The author of this thesis attempts to identify the reasons of this phenomenon, as well as the decline in usage of the concepts conveying a congenial idea, such as, solidarity, cooperation, social cohesion, social capital or connectedness. The key hypotheses, such as paradigmatic change within the social sciences, emergence of risk society, proliferation of the postmodem condition, new infonnation and communication technologies and the crisis of democracy are considered through the works of the authors who now mainly responsible for the shaping of the discourse of trust. The concepts of Luhmann, Putnam, Sztompka, Fukuyama and Hardin are analyzed from an epistemological viewpoint in its ontological and political implications. The primary goal of the paper is to overview trust from the methodological viewpoint, illustrating the limitations of the concept as a research strategy as weII as it advantages in the epoch when the social sciences acquire a status of moral disciplines.
Resumo:
Western law schools are suffering from an identity and moral crisis. Many of the legal profession's problems can be traced to the law school environment, where students are taught to reason and practice in ways that are often at odds with their own personalities and values and even with generally accepted psychologically healthy practices. The idealism, ethic of care, and personal moral compasses of many students become eroded and even lost in the present legal education system. Formalism, rationalism, elitism, and big business values have become paramount. In such a moment of historical crisis, there exists the opportunity to create a new legal education story. This paper is a conceptual study of both my own Canadian legal education and the general legal education experience. It examines core problems and critiques of the existing Western legal education organizational and pedagogical paradigm to which Canadian law schools adhere. New approaches with the potential to enrich, humanize, and heal the Canadian law school experience are explored. Ultimately, the paper proposes a legal education system that is more interdisciplinary, theoretically and practically integrated, emotionally intelligent, technologically connected, morally accountable, spiritual, and humane. Specific pedagogical and curricular strategies are suggested, and recommendations for the future are offered. The dehumanizing aspects of the law school experience in Canada have rarely been studied. It is hoped that this thesis will fill a gap in the research and provide some insight into an issue that is of both academic and public importance, since the well-being of law students and lawyers affects the interests of their clients, the general public, and the integrity and future of the entire legal system.
Resumo:
The Falkland Islands War of 1982 was fought over competing claims to sovereignty over a group of islands off the east coast of South America. The dispute was between Argentina and the United Kingdom. Argentina claims the islands under rights to Spanish succession, the fact that they lie off the Argentine coast line and that in 1833 Great Britain took the islands illegally and by force. The United Kingdom claims the islands primarily through prescription--the fact that they have governed the islands in a peaceful, continuous and public manner since 1833. The British also hold that the population living on the islands, roughly eighteen hundred British descendants, should be able to decide their own future. The United Kingdom also lays claim to the islands through rights of discovery and settlement, although this claim has always been challenged by Spain who until 1811 governed the islands. Both claims have legal support, and the final decision if there will ever be one is difficult to predict. Sadly today the ultimate test of sovereignty does not come through international law but remains in the idea that "He is sovereign who can defend his sovereignty." The years preceding the Argentine invasion of 1982 witnessed many diplomatic exchanges between The United Kingdom and Argentina over the future of the islands. During this time the British sent signals to Argentina that ii implied a decline in British resolve to hold the islands and demonstrated that military action did more to further the talks along than did actual negotiations. The Argentine military junta read these signals and decided that they could take the islands in a quick military invasion and that the United Kingdom would consider the act as a fait accompli and would not protest the invasion. The British in response to this claimed that they never signaled to Argentina that a military solution was acceptable to them and launched a Royal Navy task force to liberate the islands. Both governments responded to an international crisis with means that were designed both to resolve the international crisis and increase the domestic popularity of the government. British Prime Minister Margaret Thatcher was facing an all-time low in popularity for post-War Prime Ministers while Argentine President General Galtieri needed to gain mass popular support so he could remain a viable President after he was scheduled to lose command of the army and a seat on the military junta that ran the country. The military war for the Falklands is indicative of the nature of modern warfare between Third World countries. It shows that the gap in military capabilities between Third and First World countries is narrowing significantly. Modern warfare between a First and Third World country is no longer a 'walk over' for the First World country.
Resumo:
In Canada freedom of information must be viewed in the context of governing -- how do you deal with an abundance of information while balancing a diversity of competing interests? How can you ensure people are informed enough to participate in crucial decision-making, yet willing enough to let some administrative matters be dealt with in camera without their involvement in every detail. In an age when taxpayers' coalition groups are on the rise, and the government is encouraging the establishment of Parent Council groups for schools, the issues and challenges presented by access to information and protection of privacy legislation are real ones. The province of Ontario's decision to extend freedom of information legislation to local governments does not ensure, or equate to, full public disclosure of all facts or necessarily guarantee complete public comprehension of an issue. The mere fact that local governments, like school boards, decide to collect, assemble or record some information and not to collect other information implies that a prior decision was made by "someone" on what was important to record or keep. That in itself means that not all the facts are going to be disclosed, regardless of the presence of legislation. The resulting lack of information can lead to public mistrust and lack of confidence in those who govern. This is completely contrary to the spirit of the legislation which was to provide interested members of the community with facts so that values like political accountability and trust could be ensured and meaningful criticism and input obtained on matters affecting the whole community. This thesis first reviews the historical reasons for adopting freedom of information legislation, reasons which are rooted in our parliamentary system of government. However, the same reasoning for enacting such legislation cannot be applied carte blanche to the municipal level of government in Ontario, or - ii - more specifially to the programs, policies or operations of a school board. The purpose of this thesis is to examine whether the Municipal Freedom of Information and Protection of Privacy Act, 1989 (MFIPPA) was a neccessary step to ensure greater openness from school boards. Based on a review of the Orders made by the Office of the Information and Privacy Commissioner/Ontario, it also assesses how successfully freedom of information legislation has been implemented at the municipal level of government. The Orders provide an opportunity to review what problems school boards have encountered, and what guidance the Commissioner has offered. Reference is made to a value framework as an administrative tool in critically analyzing the suitability of MFIPPA to school boards. The conclusion is drawn that MFIPPA appears to have inhibited rather than facilitated openness in local government. This may be attributed to several factors inclusive of the general uncertainty, confusion and discretion in interpreting various provisions and exemptions in the Act. Some of the uncertainty is due to the fact that an insufficient number of school board staff are familiar with the Act. The complexity of the Act and its legalistic procedures have over-formalized the processes of exchanging information. In addition there appears to be a concern among municipal officials that granting any access to information may be violating personal privacy rights of others. These concerns translate into indecision and extreme caution in responding to inquiries. The result is delay in responding to information requests and lack of uniformity in the responses given. However, the mandatory review of the legislation does afford an opportunity to address some of these problems and to make this complex Act more suitable for application to school boards. In order for the Act to function more efficiently and effectively legislative changes must be made to MFIPPA. It is important that the recommendations for improving the Act be adopted before the government extends this legislation to any other public entities.
Resumo:
At head of title: [107].
Resumo:
The objective of this thesis is to demonstrate the importance of the concepts of rationality, reasonableness, culpability and autonomy that inform and support our conception of both the person and the punishable subject. A critical discourse analysis tracing these concepts through both the law and psychological tools used to evaluate the fitness of a person reveals that these concepts and their implied values are inconsistently applied to the mentally disordered who come into conflict with the law. I argue that the result of this inconsistency compromises a person's autonomy which is a contradiction to this concept as a foundational principle of the law. Ultimately, this thesis does not provide a solution to be employed in policy making, but its analysis leaves open possibilities for further exploration into the ways legal and social justice can be reconciled.
Resumo:
At head of title: [107]. 15th Congress, 1st session, 1817-1818. House. February 20, 1818. Read, and ordered to lie upon the table.
Resumo:
Charles Larned (1791-1834) was a lawyer and American military officer who served during the War of 1812. He was the son of Simon Larned (1753-1817), who served as a captain in the Revolutionary War and was a member of the United States Congress from Massachusetts from 1804-1805. Charles studied law in the office of Henry Clay in Kentucky, and was dining with a group of prominent citizens when word was received that General William Henry Harrison could soon be overpowered by General Henry Proctor. Colonel Owen, a member of the group, organized a regiment to reinforce Harrison’s troops. Larned became a member and subsequently survived the River Raisin Massacre and was later present at the Battle of the Thames. He was also part of a group of men who learned of General William Hull’s plan to surrender Detroit to the British and planned to overtake him should this occur. However, the plan failed, Hull did surrender and the men became prisoners of the British. After the war, Larned became a lawyer, and served as Attorney General of Michigan Territory during the Black Hawk War. During the cholera epidemic of 1834, he worked tirelessly to assist others, but was stricken with the disease and died. Letter Transcription: Pittsfield, April 8, 1813 I think that by this time my dear Charles you will allow I have some reason to give you a gentle reprimand for breach of duty—but I will not censure you upon suspicion maybe you have substantial reasons—at any rate one cannot very graciously reproach the other for negligence I for one am healthy as ham & that we have so seldom exchanged letters during your absence & on my honor promise to be a better girl in future—but the truth is my Dear Charles I am secretary for the Family—Mama you know never writes & James but seldom & they are all dispersed in different directions, consequently I have many calls upon my time—this to be sure is a pleasant duty & I urge it only as a slight palliation for my remissness if you should consider it as such—now I have finished my preface—I will try to be more interesting & doubtless I succeed. Our dear Father we hope & trust is now in Green Bush, where he will probably remain a month perhaps & from thence he expects to go to Sacket’s harbor—at which place you know our troops are fast collecting-- We shall hope to see him either here or there before he goes. Brother George I believe is [still] at Plattsburgh but expects soon to be removed to some other military part perhaps with Papa (I hope so at least). We have just got letters from Brothers Sylvester & Joseph at Middlebury—they are in good health. Mama has for some weeks been afflicted with an inflammation in her eyes but seems now to be convalescing. Sister Martha has been somewhat unwell for a few weeks but is now tolerably recovered. James & myself are both in our usual good health & at this time seated by the same stand, one reading, the other writing. Thus my Dear Charles have I given you an abstract history of our Family—but here indeed is a wonderful omission; not a word about Miss Harriet Hunt, who in truth ought to have been noted first but the last she’s not the least in my memory. She is much grown since you saw her, but does not speak as fluently as we could wish—a few word she can say. Probably before this you have been informed of the great loss your friend Sherrill has sustained in the death of his mother—also of the revolution that has taken place in Hackbridge as it respects the religion & morality of the place that more than one hundred on the plain have become religious converts & c—indeed I am at a loss what to say that will afford your pleasure—a narrative at this time must be gloomy indeed. The distressing situation of our country at this time would make almost any recital melancholy. The prevailing epidemic has swept off many of your acquaintance no doubt. Mrs. Dewey of Williamstown, the sister of Mrs. Danforth, has left a Husband, Children & many Friends sincerely to lament her loss—some few have died in our village, but we have escaped astonishingly –it has raged in every town about us--If we are unwilling to acknowledge a God in his mercies. I fear she shall be compelled to do it in the awfulness of his judgments.--------I am much [pleased] with our new neighbors the Parsons Wife & a Miss Woodward her cousin is a fine girl, I think, Mrs. Allen has not a handsome face but something in her manner that interests one her person I think the handsomest I ever saw & the Parson seems well pleased with his selection—Mrs. Ripley is with them this winter & will probably remain thro the summer—Her husband at [Sackett’s Harbor] little or no alteration is apparent since her marriage—she seems as gay & fond of company as ever.-------Mrs. [McKnight] it is expected will commence housekeeping in about three weeks in the house formerly occupied by Mr…. [Report] says that Mr. Goodman & Clarissa Weller are soon to be married & many other things that I must omit to mention for Mama wants a… PS reserved--now my Dear Charles remember you are considerably… & I am confident you have as much leisure as I have –… be ceremonious but write whenever I find time not & I beg… the same – I tell James I shall not send his love for he must write himself. I shall anxiously expect you to write & do not disappoint your affectionate, sister--H One word my Dear Charles from your affectionate Mother who longs to see Her Dear son Charles—but being deprived of that rich blessing at present—begs Him so to conduct that she may hope for it ere long—do you search the Scriptures and keep the Sabbath holy unto the Lord—and all the sacred Commandments of God—it is my ardent desire…He would protect, support and provide for your soul and body and believe me your affectionate friend and Mother. R Larned.
Resumo:
A photograph of an elderly woman holding a baby and a small child sitting next to her. The note on the reverse of the photograph reads, "Mother-in-law 84 years old, Baby and Raymond".
Resumo:
The meeting includes a written report of the Statement of Affairs (May 24, 1892), Profit and Loss. There is also another by-law included in the meeting notes, no.13, which focuses on an amount of $27,000 owed to creditor George Barnes.
Resumo:
The meeting included an election of officers which resulted as follows: John Reid, President; Geo Barnes, Vice President; Geo. Barnes, Man-Director; J. Evans, Secretary. There are also two more by-laws (14 and 15) signed by both G. Barnes and J. Evans.
Resumo:
The meeting includes by-law no. 16 which makes payable a "dividend on the capital stock of the Ontario Grape Growing and Wine Manufacturing Co. for the year ending May 31st 1898".
Resumo:
A by-law "to fix the remuneration and expense allowances of directors". It reads "Be it enacted as a By-law of Barnes Wines Limited: 1. That each Director of the Company be paid the sum of Seventy-five ($75,00) Dollars annually in respect of general services rendered by the Director in his capacity as Director, such remuneration to accrue from the date of his election or appointment as a Director. 2. That each Director shall be paid and allowed travelling and other expenses properly incurred in connection with the affairs of the Company. 3. That this provision shall be and remain in force and effect in the fiscal years of the Company, 1971 to 1973 both inclusive. Enacted this 8th day of February, 1971."
Resumo:
A list of company by-laws starting July 1873 through April 1973.