Suchergebnisse

Abstract
This article presents a critical discussion of the legal institution of adult guardianship in Israel. Based on a critical discourse analysis' study of official guardianship reports for older adults submitted by social workers to family courts in Israel, findings reveal how guardianship institutional procedures construct the personal life stories of older persons into legalistic guardianship paradigm, and in doing so they create a new identity of 'a person in need of guardianship'. The article further delineates how 'a person in need of guardianship' (as well as a 'guardian') is a discursive identity, a subject who never existed prior to the guardianship proceeding, a legal creation which does not reflect the complexities and realities of older persons.

Made available by the Northern Territory Library via the Publications (Legal Deposit) Act 2004 (NT). ; "WestWood Spice was retained to conduct a review of adult guardianship in the Northern Territory (NT) as a consultant for the Department of Health and Community Services (DHCS). Specifically, we were asked to examine the system of adult guardianship in the NT with particular emphasis on: 1. Identifying options and making recommendations for a model of adult guardianship in the NT 2. Identifying efficient and costed structural and/or systemic improvements necessary to align the NT adult guardianship system to national best practice. 3. Identifying legislative reform necessary to give effect to best practice recommendations. - Introduction ; Acknowledgements -- List of abbreviations -- Relevant Northern Territory legislation -- Executive summary -- Introduction -- The adult guardianship system of the Northern Territory - how it works at present -- A review of modern guardianship -- Problems identified and solutions proposed -- Conclusions and recommendations -- About the consultants -- Review approach and methodology -- Attachment 1

A growing number of children are being raised by relatives under a variety of different care arrangements. Although the extant literature provides rough estimates of the number and characteristics of children living in most care arrangements, research on kinship probate guardianship is especially scarce. This article focuses on kinship probate guardianship in an effort to build the literature on this understudied population. It examines demographic information about caregivers and children pursuing kinship probate guardianship, the circumstances that necessitate children's alternative care, and reasons for selecting this custodial arrangement. Findings suggest that children and caregivers who select into kinship probate guardianship have characteristics similar to those of children and caregivers in other types of kinship care. These children move into the homes of their relatives for a variety of reasons, primarily including parental desertion, detention, and drug use.

Property guardianship, a form of short-term building security through temporary dwelling, has emerged in several European countries over the last twenty years. Despite being characterised by tenure insecurity and often substandard conditions, 'living as a guardian' has become a composite and polyvalent mode of inhabiting cities, rooted in the production and dissemination of distinctive spatial imaginaries of 'nomadic' urban dwelling. In the United Kingdom, where guardianship is relatively novel and marginal, the establishment of several intermediary companies has contributed to the rapid diffusion of the scheme as precarious 'adventurous' housing, particularly in metropolitan areas where guardianship schemes largely attract mobile and university-educated individuals. Drawing on debates about the complexities of 'self-precarization' (Lorey, 2006), this article examines imaginaries of property guardianship and their ambivalent significance in relation to lived processes of precarization. Through the analysis of media representations and in-depth interviews with current and former guardians in London, it explores how guardians mobilise narratives of adaptability, flexibility and nomadism, between resignation to existing housing conditions and a sense of critical and autonomous agency. The article proposes and develops a nuanced qualitative approach to analyse how precarious dwelling through guardianship is reshaping spatial imaginaries of acceptable and desirable urban dwelling, and contributing to significant processes of individual and collective subjectification. At a moment of extensive governmentality through insecurity, it concludes that examining imaginaries and practices of self-precarization offers a critical entry point for understanding and rethinking, theoretically and politically, housing precarity and its geographies.

In this dissertation, I study the political thought of a scholar and political actor who has long been viewed as a cultural Other: Ayatollah Ruhollah Khomeini. To understand Khomeini's thought, or the thought of any other culturally unfamiliar author, I argue that it is essential to engage in a historical study of the traditions of thought that the author interprets and elaborates. Through a study of many of Khomeini's political writings—written as early as 1943 and as late as 1989—I have determined that Khomeini was influenced by four traditions of thought: the Shi'a jurisprudential tradition of political theory, the Usuli legal tradition, the Islamic constitutionalist tradition, and more marginally, the Islamic mystical-philosophical tradition. As a scholar of the Shi'a jurisprudential tradition of political theory, Khomeini holds that Islamic jurisprudents must be granted a powerful role in government. The secondary literature fails to recognize, however, the way in which Khomeini's Islamic constitutionalist ideas impact his theorization of the political role of the jurisprudent, and at times, it incorrectly presumes that the guardian is the mystic or philosopher depicted in the Islamic mystical-philosophical tradition. As a constitutionalist, Khomeini argues that consent and popular representation are necessary ingredients of legitimate government and that the shari'a can be supplemented or aspects of it even suspended by law drafted in a parliament. Khomeini's constitutionalism is based upon tenets of the Usuli legal tradition, which says that Islamic law is underwritten by principles from which can be deduced new law, law that is human and contestable. The influence of the Islamic constitutionalist tradition on Khomeini's thought is most evident in his 1943 work, The Unveiling of Secrets, as well as in his post-revolutionary writings. Khomeini's more widely read work, Islamic Government, does not include manifestly constitutionalist themes, but I argue that it has been misinterpreted to espouse ideas that contradict Islamic constitutionalism. Khomeini's writings, as well as the institutions of government that were inspired by his theory, continue to be subjects of interest for conservative and reformist scholars and actors, and his writings are invoked for support for perspectives across the political spectrum. Beyond helping us to understand contemporary debates in the Islamic Republic, Khomeini's political writings are a source of concepts and arguments that may be marshaled and elaborated in novel Islamic theories of government and politics.

The law has traditionally responded to cognitive disability by authorizing surrogate decision-makers to make decisions on behalf of disabled individuals. However, supported decision-making, an alternative paradigm for addressing cognitive disability, is rapidly gaining political support. According to its proponents, supported decision-making empowers individuals with cognitive challenges by ensuring that they are the ultimate decision-maker but are provided support from one or more others, giving them the assistance they need to make decisions for themselves. This article describes supported decision-making and its normative appeal. It then provides a descriptive account of how supported decision-making works based on the empirical literature on supported decision-making as well as that on shared decision-making, a related model used in medical contexts. The article shows how employing supported decision-making in lieu of guardianship, or integrating it into the guardianship system, has the potential to promote the self-determination of persons with intellectual and cognitive disabilities consistent with international and national legal norms. However, we find that, despite much rhetoric touting its advantages, little is known about how supported decision-making processes operate or about the outcomes of those processes. Further research is necessary to design and develop effective supported decisionmaking systems. We therefore propose a series of research questions to help inform policy choices surrounding supported decision-making.

Guardianship was originally developed as a social and legal tool meant to protect vulnerable persons. It is now evolving as a mechanism to promote autonomy. This paper examines the Canadian law of guardianship, including its historical evolution, the social and legal catalysts for its reform and related constitutional issues. Guardianship law has a long history in Western society, and has traditionally been paternalistic and property-focused. Early Canadian guardianship laws were largely based on English lunacy acts, and continued unchanged into the second half of the twentieth century. Reformation in Canadian guardianship law began in the 1970s and 80s, with criticism that the current law intruded unjustifiably into an individual's personal sphere of autonomy. This criticism arose from an increased understanding of human capacity and the recognition of autonomy as a foundational human right. In 2000, Saskatchewan introduced comprehensive guardianship legislation: The Adult Guardianship and Co-decision-making Act. This Act authorizes the appointment of co-decision-makers as an alternative to the traditional court- appointed guardian. This alternative provides Saskatchewan courts the ability to effectively address the need and capacity of the adult in question. The co-decision- making provisions of the Act are unique in Canadian guardianship law: the co- decision-maker shares legal authority with the adult, must acquiesce to an adult's reasonable decision and is statutorily required to minimally interfere in the adult's life and decision-making process. The co-decision-maker is further required to act in a manner that protects the adult's civil and human rights. The Saskatchewan Act represents an important attempt to rethink guardianship concepts in Canada, and should form the model for future guardianship legislation in this country.

1. Introduction : guarding against crime -- 2. The guardians, guardianship and defensible space in residential crime prevention -- 3. Theories related to defensible space and guardianship of residential environments -- 4. Presenting guardianship in action : how local residents guard against crime -- 5. Observing guardianship in action : putting the model of active guardianship to the test -- 6. Environmental predictors of active residential guardianship -- 7. Daytime and nighttime guardianship and property crime : considering the offender's perspective -- 8. Supervision and residents' ability to detect potential offenders -- 9. Decision making by guardians : factors affecting the decision to intervene -- Supplement to chapters 8 and 9 : supervision, intervention and the neighbourhood context -- 10. Conclusions and directions for the future.

Dedication -- Acknowledgments -- Contents -- Chapter 1: Introduction: Gender, Law, and Politics in Jordan -- Introduction -- Women, Colonialism, and the Creation of a Masculine State in Jordan -- The Politics of Gender in the Democratization Process -- Theoretical and Conceptual Considerations -- Alternative Forms of Femininity -- Practices of Femininity in Women's Everyday Life -- Sites, Surroundings, and Research Participants -- Structure of the Book -- Notes -- References -- Chapter 2: Constructing Normative Femininity: The Engagement of Law and Religious Interpretations -- Introduction

The contribution deals with the mechanisms of governmental control of guardianships over minors in Roman Egypt as it was exercised through the responsible administrative officials at the various levels of the administration. The relevant measures of this administrative control extended over the appointment of guardians for which applications had to be filed with the administrative authorities. These applications, which aimed at an official registration as guardian, may also reflect in some respect an indigenous legal tradition, though it is doubtful if such applications were obligatory. Another important measure of control of guardians was the obligation of the latter to render account of his management of affairs. The article also examines the role of the officials responsible for the appointment and control of guardians, i.e. the prefect of Egypt, the nome strategos and, at the municipal level, the exegetes and others.