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Being Relational
At the heart of relational theory lies the idea that the human self is fundamentally constituted in terms of its relations to others. For relational theorists, the self not only lives in relationship with and to others, but also owes its very existence to such relationships. In this groundbreaking collection, leading relational theorists explore core moral and metaphysical concepts, while health law and policy scholars respond by analyzing how such considerations might apply to more practical areas of concern. Innovative and self-reflexive, Being Relational brings a powerful theoretical framework to health law and policy studies. In so doing, it makes a bold contribution to scholarship and will appeal to a broad range of thinkers, especially those with an interest in social justice, and who seek to understand the complex ways in which power is created and sustained relationally.
Troubling Sex
When legal scholars or judges approach the subject of sexuality, they are often constrained by existing theoretical frameworks. Queer theorists typically focus on sexual liberty but tend not to consider issues such as sexual violence; feminist theories focus on violence but often ignore the joy of sexuality. Craig examines the Supreme Court of Canada’s approach to sexuality to assess the possibility of devising a legal theory of sexuality that can embrace both the good and the bad, ensuring equality without assimilation, diversity without exclusion, and liberty without suffering. Blending feminist theory with queer theory, she advances an iconoclastic approach to law and sexuality that has the power to transform both theory and practice.
Sovereignty's Promise
Political theory is traditionally concerned with the justification and limits of state power. It asks: Can states legitimately direct and coerce non-consenting subjects? If they can, what limits, if any, constrain sovereign power? Public law is concerned with the justification and limits of judicial power. It asks: On what grounds can judges 'read down' or 'read in' statutory language against the apparent intention of the legislature? What limits, if any, are appropriate to these exercises of judicial power? This book develops an original constitutional theory of political authority that yields novel answers to both sets of questions. Fox-Decent argues that the state is a fiduciary of its pe...
Critical Disability Theory
Despite the widespread belief that Canada is a country of liberty, equality, and inclusiveness, many persons with disabilities experience social exclusion and marginalization. In this book, twenty-four scholars from a variety of disciplines contend that achieving equality for the disabled is not fundamentally a question of medicine or health, nor is it an issue of sensitivity or compassion. Rather, it is a question of politics, and of power and powerlessness. This book argues that we need a new understanding of participatory citizenship that encompasses the disabled, new policies to respond to their needs, and a new vision of their entitlements.
Contesting Elder Abuse and Neglect
The mistreatment of older people is categorized in many societies as “elder abuse and neglect,” yet the concept has not been subjected to rigorous critical inquiry. Instead, it has most often represented the interests of professionals, academics, and governments, while policy makers and researchers frequently overlook or disregard the complexity of issues that fall under this designation. Contesting Elder Abuse and Neglect questions existing understandings about the mistreatment of older people. It explores how and why the designation “elder abuse and neglect” came to be and shows how this term masks problems concerning the mistreatment of older people, their place in society, and how they see themselves. Joan R. Harbison and her colleagues expose how supposed solutions to the problem of abuse can take their toll on those people they were originally intended to protect. The book is an important contribution to the literature that encourages new thinking about issues concerning the mistreatment of older people.
Our Faithfulness to the Past
This volume brings together essays -- three of them previously unpublished -- on the epistemology, ethics, and politics of memory by the late feminist philosopher Sue Campbell. The essays in Part I diagnose contemporary skepticism about personal memory, and develop an account of good remembering that is better suited to contemporary (reconstructive) theories of memory. Campbell argues that being faithful to the past requires both accuracy and integrity, and is both an epistemic and an ethical achievement. The essays in Part II focus on the activities and practices through which we explore and negotiate the shared significance of our different recollections of the past, and the importance of ...
Punished for Aging
Built around the experiences of older prisoners, Punished for Aging looks at the challenges individuals face in Canadian penitentiaries and their struggles for justice. Through firsthand accounts and quantitative data drawn from extensive interviews, this book brings forward the experiences of federally incarcerated people living their "golden years" behind bars. These experiences show the limited ability of the system to respond to heightened needs, while also raising questions about how international and national laws and policies are applied, and why they fail to ensure the safety and well-being of incarcerated individuals. In so doing, Adelina Iftene explores the shortcomings of institut...
Mental Health, Legal Capacity, and Human Rights
Provides practical solutions for ending coercion in mental health care and realizing the universal right to legal capacity.
A New Era for Mental Health Law and Policy
International human rights law challenges core tenets of mental health law, policy and practice. This book explores this challenge.
Standards for the Control of Algorithmic Bias
Governments around the world use machine learning in automated decision-making systems for a broad range of functions. However, algorithmic bias in machine learning can result in automated decisions that produce disparate impact and may compromise Charter guarantees of substantive equality. This book seeks to answer the question: what standards should be applied to machine learning to mitigate disparate impact in government use of automated decision-making? The regulatory landscape for automated decision-making, in Canada and across the world, is far from settled. Legislative and policy models are emerging, and the role of standards is evolving to support regulatory objectives. While acknowl...
