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Legal Perspective (legal + perspective)

Distribution by Scientific Domains
Humanities and Social Sciences75%

Selected Abstracts

Parental Rights in Diverse Family Contexts: Current Legal Developments,

FAMILY RELATIONS, Issue 4 2002
Denise A. Skinner
Here, we review case law as it applies to parental rights. Specifically, we examine two issues: (a) Who has been awarded the right to parent? and (b) What rights have been bestowed to parents? The review demonstrates how family law in the United States reflects and perpetuates society's ambivalence about family structure and, subsequently, parental rights and responsibilities. On the basis of this analysis, we recommend a broadened legal perspective that not only communicates society's expectation of responsible parenting but, in addition, gives legal recognition to diverse family forms in which members carry out these responsibilities. [source]

Economic and Legal Issues in Reducing the Eurosystem's Excess of International Reserves

JCMS: JOURNAL OF COMMON MARKET STUDIES, Issue 3 2004
Harald Badinger
Economic studies suggest that the Eurosystem's international reserves ($370 billion) could be reduced by up to half of its existing level. The article discusses the likely size and distribution of excess reserves and proposals for their uses. Small economic gains can be expected from a reserve reduction, as well as an elimination of incompatibilities and conflicts of interest between the conduct of monetary and investment policy. A careful and co-ordinated reserve reduction would pose no threat to financial stability, making it also admissible from a legal perspective against the background of Art. 31 of the ESCB (European System of Central Banks) Statute. Finally, transferring reserves as an extraordinary gain to the government does not constitute monetary financing as prohibited by Art. 101 EC Treaty. [source]

Legally regulating intergenerationally transmitted debt

AUSTRALASIAN JOURNAL ON AGEING, Issue 2005
Fiona R Burns
This article considers the phenomenon of intergenerationally transmitted debt in Australia from the legal perspective. It will be argued that generally while confident and capable elders ought to be able to deal with their assets how they think fit, elders may suffer from vulnerabilities which prevent them from protecting their interests. The legal regulation of guarantees is presently a unco-ordinated and complex amalgam of case law, statute and finance industry self-regulatory codes which do not accord elders any special protection. This article suggests that it may be necessary to take some steps to protect vulnerable elders while still recognising their rights to exercise autonomy over assets. [source]

The role of law in welfare reform: critical perspectives on the relationship between law and social work practice

INTERNATIONAL JOURNAL OF SOCIAL WELFARE, Issue 1 2006
Suzy Braye
This article considers the complex relationships between law, welfare policy and social work practice, in order to address the question of what role legal frameworks might play in achieving welfare policy and professional practice goals. It traces how law has developed as a core component of professional practice, and challenges some of the false expectations placed upon it. It then draws on findings from an international knowledge review of law teaching in social work education to propose a model for understanding how professional practice incorporates legal perspectives, and proposes ways in which legal frameworks can provide positive and constructive vehicles for accountable practice. [source]