Law Person And Community

This publication takes up the fundamental question 'What is law?' through a comparative study of canon law and secular legal theory. The book also includes comparative consideration of the failure of canon law to address the clergy sexual abuse crisis the canon law of marriage, administrative law, the rule of law and much more.

The origins of civil society and the function of law -- Justice, ownership, and law -- Natural justice and conventional justice -- Justice and the trading order -- Adjudication and interpretation -- Morality, law, and legislation -- Natural law -- Rights -- The force of law -- The authority and legitimacy of law.

Laws are a part of every community and government. This thought-provoking volume provides an accessible guide to these rules for readers who haven’t been involved in civic engagement or aren’t aware of how the law functions. Readers will learn about both the history of laws and legislatures as well as modern civil and criminal laws. Interest-provoking sidebars enhance the text, adding to essential vocabulary as well as posing questions that promote critical thinking about the rules and laws of society. Meanwhile, carefully selected photographs serve to support reading comprehension and add to the appeal of the book design.

'Community' and 'justice' recur in anthropological, historical, and legal scholarship, yet as concepts they are notoriously slippery. Historians and lawyers look to anthropologists as 'community specialists', but anthropologists often avoid the concept through circumlocution: although much used (and abused) by historians, legal thinkers, and political philosophers, the term remains strikingly indeterminate and often morally overdetermined. 'Justice', meanwhile, is elusive, alternately invoked as the goal of contemporary political theorizing, and wrapped in obscure philosophical controversy. A conceptual knot emerges in much legal and political thought between law, justice, and community, but theories abound, without any agreement over concepts. The contributors to this volume use empirical case studies to unpick threads of this knot. Local codes from Anglo-Saxon England, north Africa, and medieval Armenia indicate disjunctions between community boundaries and the subjects of local rules and categories; processes of justice from early modern Europe to eastern Tibet suggest new ways of conceptualizing the relationship between law and justice; and practices of exile that recur throughout the world illustrate contingent formulations of community. In the first book in the series, Legalism: Anthropology and History, law was addressed through a focus on local legal categories as conceptual tools. Here this approach is extended to the ideas and ideals of justice and community. Rigorous cross-cultural comparison allows the contributors to avoid normative assumptions, while opening new avenues of inquiry for lawyers, anthropologists, and historians alike.

This new title provides a full analysis of the legislative and regulatory background of community interest companies and is a guide to all six CIC precedents: 1. CIC model constitution: company limited by guarantee with a small membership 2. CIC model constitution: company limited by guarantee with a large membership 3. CIC model constitution: private schedule 2 company limited by shares with a small membership 4. CIC model constitution: private schedule 2 company limited by shares with a large membership 5. CIC model constitution: private schedule 3 company limited by shares with a small membership 6. CIC model constitution: private schedule 3 company limited by shares with a large membership The precedents are fully annotated to provide guidance on each article, together with bespoke clauses that may be included for specific events.It also uses case examples to demonstrate: how to create or convert to a CIC the reporting requirements with Companies House and the CIC regulator Armed with this text any solicitor, barrister or accountant will have the tools to confidently advise clients on the legislative and regulatory background of CICs. This text would also suit community bodies or individuals who wish to set up a social enterprise using the CIC structure, in particular, sports clubs or voluntary groups. This title is included in Bloomsbury Professional's Company and Commercial Law online service.

This book expands on established doctrine in legal history and sets out a challenge for legal philosophers. The English medieval village community offers a historical and philosophical lens on the concept of custom which challenges accepted notions of what law is. The book traces the study of the medieval village community from early historical works in the nineteenth century through to current research. It demonstrates that some law-making can and has been ‘bottom-up’ in English law, with community-led decisionmaking having a particularly important role in the early common law. The detailed consideration of law in the English village community reveals alternative ways of making and conceiving of law which are not dependent on state authority, particularly in relation to customary and communal property rights. Acknowledging this poses challenges for legal theory: the legal positivism that dominates Western legal philosophy tends to reject custom as a source of law. However, this book argues that medieval customary law ought to be considered ‘law’ if we are ever going to fully understand law – both then and now. The book will be a valuable resource for researchers and academics working in the areas of Legal History, Legal Theory, and Jurisprudence.

The lack of sufficient access to clean water is a common problem faced by communities, efforts to alleviate poverty and gender inequality and improve economic growth in developing countries. While reforms have been implemented to manage water resources, these have taken little notice of how people use and manage their water and have had limited effect at the ground level. On the other hand, regulations developed within communities are livelihood-oriented and provide incentives for collective action but they can also be hierarchal, enforcing power and gender inequalities. This book shows how bringing together the strengths of community-based laws rooted in user participation and the formalized legal systems of the public sector, water management regimes will be more able to reach their goals.

This third edition of Community Care Practice and the Law has been substantially rewritten and restructured to reflect the rapid legal and policy changes affecting the community care field. It provides comprehensive and jargon-free explanations of both community care legislation and other areas of the law directly relevant to practitioners. Topics covered include: • assessment and eligibility criteria (`fair access to care') and waiting times • placing people in care homes • non-residential, domiciliary and home care services • carers' assessments and services • home adaptations and disabled facilities grants * direct payments * continuing health care and health services generally, including community equipment services * joint working between local authorities and the NHS * single assessment process, intermediate care * decision making capacity and incapacity * information sharing * adult protection * human rights and disability discrimination * health and safety at work legislation including manual handling people subject to immigration control, including asylum seekers care standards. Numerous examples of legal cases and ombudsman investigations clearly illustrate the practical impact of legislation on community care. A separate chapter provides an at-a-glance view of the whole range of legislation underpinning the everyday work of practitioners. The author also identifies the underlying mechanisms, tensions and problems affecting community care law and practice. Primarily covering England in detail, much of the legal case law covered and the legal principles involved are of general relevance across the United Kingdom, and where material is not directly applicable to Wales, Scotland and Northern Ireland, short summaries offer general pointers for the position in these three countries. This book is an essential guide for practitioners and managers in both the statutory and voluntary sectors, policy makers in local and central government, advocates, lawyers and social work students.