德国在集体合同中或企业协议中有关解除雇佣关系保护的法律规定

德国劳动法对于雇员权利进行保护的核心内容,是要保护“劳动关系存续”。在解除雇佣关系时,德国在集体合同和企业协议中如何实行对雇员的劳动权利进行法律保护?这在德国的《解除雇佣关系保护法》以及《集体合同法》和《企业组织法》中作了相应规定,这些规定又几经修改,这对我国的劳动立法可以提供一些借鉴。     

Feminist Activism,Third Party Interventions and the Courts

This article discusses feminist engagement in the judicial process in the light of the changing constitutional landscape in the U.K. It considers feminist activism in the courts and the potential that third party interventions provide for feminists to influence judicial decision making under the Human Rights Act 1998. The impact of the intervention by women’s groups in the case of R. v. A. (No. 2) is discussed. Despite the disappointing decision, it is argued that the intervention was a worthwhile endeavour. Third party interventions are important if feminists are to hold on to the gains they have made through the legislative process. Interventions also offer an opportunity to build a litigation strategy that will help shape the development of the case law under the Human Rights Act 1998.     

Developing Vulnerability: A Situational Response to the Abuse of Women with Mental Disabilities

In this paper I present a critical analysis of the English law relating to the safeguarding of vulnerable adults, in particular how the law impacts on the sexual lives of adult women with mental disabilities. I consider the discourses of vulnerability that surround the different legal regimes and whether the emerging theoretical vulnerability literature can assist in developing more nuanced legal responses. I argue that the inherent jurisdiction and Care Act 2014 provide an opportunity to move away from the focus on inherent features of vulnerability such as mental disability towards a more nuanced, situational and embodied account of what it means to safeguard ‘vulnerable adults’. This has the potential to be developed in England through the new legal framework of the Care Act and can be achieved through targeting interventions against the situational causes of vulnerability, for example the perpetrators of sexual violence.     

影响《婚姻登记条例》实施的因素分析

<婚姻登记条例>于2003年10月1日开始实施至今,在实施过程中逐渐暴露出一些问题和隐患,影响到了法律的实效.在实践中有的放矢地切实解决存在的问题,就会改善法律实效,提高法律效果和法律效益.     

Sacred year or broken reed? The Sex Disqualification (Removal) Act 1919

ABSTRACT

The Sex Disqualification (Removal Act 1919) enabled women to enter some professions including law for the first time. Virginia Woolf calls 1919 a ‘sacred year’ because of this Act in her later essay ‘Three Guineas’. However, the historical literature largely considers the act to be a ‘broken reed’, focussing on its failure to equalise the franchise, remove the marriage bar or to enable women to sit in the House of Lords. This article argues that such negative verdicts fail to take into account the political and Parliamentary situation in 1919 and overlooks the genuine achievements of the Act.     

Enhancing Civil Remedies for (Sexual) Harassment: s.3 of the Protection from Harassment Act 1997

This commentary explores the scope and content of the Protection from Harassment Act, recently introduced in the UK, focusing in particular on s.3 which creates a civil cause of action for harassment. The author considers the strategic possibilities for feminists concerned with enhancing remedies for sexual harassment as well as the drawbacks of the Act, particularly its capacity to be deployed in a wide range of contexts not all of which necessarily promote justice or enhance civil and political rights. The author concludes by emphasising the important role of the courts in defining and delineating the scope of the Act as well as exploring the possibility of continued development of the common law principle in Wilkinson v. Downton. This revised version was published online in August 2006 with corrections to the Cover Date.     

“No Father Required”? The Welfare Assessment in the Human Fertilisation and Embryology Act 2008

Of all the changes to the Human Fertilisation and Embryology Act 1990 that were introduced in 2008 by legislation of the same name, foremost to excite media attention and popular controversy was the amendment of the so-called welfare clause. This clause forms part of the licensing conditions which must be met by any clinic before offering those treatment services covered by the legislation. The 2008 Act deleted the statutory requirement that clinicians consider the need for a father of any potential child before offering a woman treatment, substituting for it a requirement that clinicians must henceforth consider the child’s need for “supportive parenting”. In this paper, we first briefly recall the history of the introduction of s 13(5) in the 1990 Act, before going on to track discussion of its amendment through the lengthy reform process that preceded the introduction of the 2008 Act. We then discuss the meaning of the phrase “supportive parenting” with reference to guidance regarding its interpretation offered by the Human Fertilisation and Embryology Authority. While the changes to s 13(5) have been represented as suggesting a major change in the law, we suggest that the reworded section does not represent a significant break from the previous law as it had been interpreted in practice. This raises the question of why it was that an amendment that is likely to make very little difference to clinical practice tended to excite such attention (and with such polarising force). To this end, we locate debates regarding s 13(5) within a broader context of popular anxieties regarding the use of reproductive technologies and, specifically, what they mean for the position of men within the family.     

民国时期集体劳动合同立法述论 —— 以 1930 年《团体协约法》为中心

民国时期,通常将个别劳动合同称为劳动契约,而将集体劳动合同称为团体协约。中国劳工立 法较迟,团体协约立法则更晚。国民政府有关团体协约的立法最早可以追溯至 1929 年《劳动法典草案》的编纂, 其后在《工会法》起草过程中也有团体契约权的规定。延至 1930 年,国民政府正式颁行《团体协约法》,这是 中国历史上第一部有关集体劳动合同的专门法律。《团体协约法》的出台因应了当时中国工业化过程中劳资冲 突的实际需求,但也不可避免地存在历史局限。     

How the Sublime Comes to Matter in Eighteenth Century Legal Discourse – an Irigarayan Critique of Hobbes, Locke and Burke

This article examines the way in which the sublime comes to matter within various eighteenth century legal discourses, particularly in the work of Thomas Hobbes, John Locke and Edmund Burke. The essay seeks also to relate the theoretical works of these philosophers and lawyers to practical legislative developments of the period, in particular, the passage of the Black Act in1726 and the Marriage Act in 1753. The sublime comes to matter to the law in this period in the sense that philosophical conceptualizations of the sublime in terms of power and transcendence become increasingly significant to representations of the nature and function of English law. Such theoretical accounts of the law as are found in the work of Hobbes, Locke, and Burke, moreover, translate into juridical practices designed to affirm the status of the law as a transcendentally sublime source of political authority in the eighteenth century. This article subjects that understanding of the law to a feminist critique that draws upon the work of the French philosopher, Luce Irigaray. It will be shown that the sublime within Western thought is generally associated with a sense of dread as to the possibility of the annihilation of consciousness. This ontological dread entails, in Jean Francois Lyotard’s terms, a recognition of the possibility of “nothing further happening” to the subject. Within Western discourse, this dread is projected onto, or made material in the form of, some ‘other’ that is, in Irigaray’s estimation, most usually feminine. Thus, the sublime comes to matter in this second, ontological sense and it is within this context that the transcendental sublime emerges as a response to a sense of dread that is projected on to some material, feminine, or feminised, ‘other’. In eighteenth century legal discourse, this ‘other’ take the form of the ‘state of nature’, or the revolutionary mob, or the revolutionary female who signifies more than anything a return to animality and chaos –an ontological and political fall from grace. The Black Act and the Marriage Act, with their shared emphasis upon the preservation of political stability and patriarchal property rights, may in this context be regarded as manifestations in the legal domain of the metaphysical principles of the transcendental sublime – with its emphasis upon an escape from, and a control of, the dreadful, feminine ‘other’. This revised version was published online in July 2006 with corrections to the Cover Date.     

Gender, familism and housing: matrimonial property rights in Ireland

This article explores the gender structure of housing rights, and specifically matrimonial property law, in the Republic of Ireland as a basis for examining the means by which women gain access to and control over economic resources, or capital. Taking the Family Home Protection Act (1976) and the ill-fated Matrimonial Home Bill (1993) as examples of legislation to strengthen women's matrimonial property rights, it is argued that these have been formulated using gendered, familist, categories of reform. The State's attempts to strengthen women's entitlements have been mediated by its constitutional commitment to maintain a preference for the marital family as well as its failure to recognise the economic value of women's unpaid domestic work. This article argues that in this context, the Irish State's strategy of gender equality, which is based on the equitable treatment of different household types, is divisive, ineffective. and inequitable.     

Racialized Women,the Law and the Violence of White Settler Colonialism

In 2001, Rie Fujii, a 23-year-old Japanese national living without legal status in Calgary, Alberta, Canada left her two infant children alone in her apartment for 10 days while visiting her out-of-town boyfriend. The children, Domenic and Gemini, died of dehydration and starvation. Charged with two counts of second-degree homicide, Fujii plead guilty to manslaughter and received an 8-year sentence. Through an analysis of the publicly available judicial documents relating to the crimes of Rie Fujii, this paper explores how the law’s individualization and medicalization of crime and violence may obscure the multiple forms of everyday and structural violence that racialized women in white settler states such as Canada experience and may perpetrate. Drawing on Scheper-Hughes and Bourgois’ concept of the violence continuum, I argue that the law’s conceptualization of crime and violence conceals and thus advances the violence endemic to white settler colonialism.     

Attitudes to abortion in the era of reform: evidence from the Abortion Law Reform Association correspondence

This article examines letters sent by members of the general public to the Abortion Law Reform Association (ALRA) in the decade immediately before the 1967 Abortion Act. It shows how a voluntary organisation, in their aim of supporting a specific cause of unclear legality, called forth correspondence from those in need. In detailing the personal predicaments of those facing an unwanted pregnancy, this body of correspondence was readily deployed by ALRA in their efforts to mobilise support for abortion law reform, thus exercising a political function. A close examination of the content of the letters and the epistolary strategies adopted by their writers reveals that as much as they were a lobbying tool for changes in abortion law, these letters were discursively shaped by debates surrounding that very reform.     

A House Divided: Humanitarianism and Anti-immigration Within US Anti-trafficking Legislation

The Trafficking Victims Protection Act legislation has established the US as a global humanitarian leader on the issue of human trafficking. Through the use of formulaic victim narratives, appeals to masculinist protection, and invocations of slave abolitionism, legislators frame the law as a work of compassion and protection of migrant people. On the other hand, legislators often take a suspicious and unsympathetic approach to irregular migrants. This article describes the humanitarian posture adopted by the US in relation to anti-trafficking, contrasting it with an anti-immigration sentiment, evidenced in two attempts to limit or rescind the benefits of anti-trafficking legislation for migrants. When considered together the humanitarian and anti-immigration focus of anti-trafficking law and policy make for an internally inconsistent approach to tackling trafficking.     

Discourse of need: The case of Child Support (Payment Assurance)

The study examines the effect of discourse on the social rights of mothers and children in the Israeli welfare state. The issue was investigated through Israel's Child Support (Payment Assurance) Law, which ensures child support by the state in case of non-payment by the debtor (usually the father). According to this law, mothers and children are guaranteed a modest allowance, while the National Insurance Institute assumes responsibility for collection of payment from the debtor. However, over time, the law has failed to reflect commitment to a horizontal and egalitarian division of resources. The discourse which emerges from the researched material shows that the law was justified through arguments of need, rather than through emphasis on the rights of children to sufficient protection by the state. Thus, the discourse of need generated a fragile law that offers feeble rights.     

搞好普法教育应努力做到"五个"坚持

研究总结我国的普法教育,对进一步搞好普法教育工作,建设社会主义民主政治,有着重要意义。普法教育要坚持围绕党和国家的中心工作进行;要坚持学法和用法、普法和治理相结合;要坚持把法制教育和思想道德教育紧密结合起来;要坚持与领导干部带头学法、用法相结合;要坚持着眼于增强公民的法制观念。     

Of Frames, Cons and Affects: Constructing and Responding to Prostitution and Trafficking for Sexual Exploitation

This article provides a critical analysis of the manner in which prostitution and trafficking for the purposes of sexual exploitation was ??framed?? by official discourses in order to support the reforms in England and Wales contained within the Policing and Crime Act 2009. Drawing upon the recent work of Judith Butler, emphasis will be placed on how the schema of the vulnerable prostitute was fundamental to invoking emotional affects, which justified certain political effects, especially the move towards criminalising the purchase of sexual services. However, on closer analysis the article will uncover an agenda influenced by law and order/morality, immigration and a ??fear of the enemy??. Furthermore, it will be argued that New Labour??s framing of the problematic enabled the State to avoid dealing with the more difficult, but more urgent, issues of the differential distribution of wealth, precarity and the engendering of an ethical and global responsibility for the other.     

Divergent fates: company unions and employee involvement committees under the railway labor and national labor relations acts

Well known is that the National Labor Relations Act (NLRA, 1935) in the United States places a largely per se ban on nonunion employee representation (ER) groups which deal with employers over a term or condition of employment. Much less well known is that America’s other labor law, the Railway Labor Act (RLA, 1926), takes a different approach and permits employers to operate such councils and committees as long as they do not perform a collective bargaining function or interfere with workers’ free choice of a bargaining agent. Thus, under the RLA Delta Air Lines is able to operate what is today the closest living approximation to a 1920s-style ER plan while hundreds of other companies (e.g. Polaroid) under the jurisdiction of the NLRA have been forced over the years to disband similar groups on grounds they are a proscribed company union. No study to date has explored the history behind the RLA and NLRA’s divergent treatment of nonunion ER groups so this article takes a first look. The main part of the story covers the 1920–1935 period and examines the events, people, and experiences associated with company unions and ER in, respectively, the rail and manufacturing industries and why the legislative outcome in the former was a permissive stance on nonunion committees but prohibitive in the latter. The last part of the paper fast-forwards the RLA-NLRA story from the 1930s to contemporary law and practice in order to demonstrate how “history matters” when it comes to what employers can and cannot do with nonunion representation groups, such as works councils, participation and involvement committees, and dispute resolution forums.     

‘In the case of a woman’ or ‘the headache’: married women’s nationality and Canada’s Citizenship Act at home and Europe, 1946–50

In addition to making Canadian nationality independent of British subjecthood, the 1946 Canadian Citizenship Act made women’s nationality independent of marriage, but did not repatriate women who married aliens before 1 January 1947, when the act became law. This article examines the lobby to repatriate the women, most of them married to European allied soldiers and living in Canada or Europe, and wider contexts involved. Scrutinizing the citizenship claims made by and for ‘ordinary’ but racially privileged white women in a dominion that was both a receiving nation on the cusp of renewed immigration and a neo-colonial state vis-a-vis Indigenous peoples, it acknowledges the woman’s heartfelt sentiments and assesses the lobby against the continuing disabilities imposed on status-Indian women who ‘married out.’ The delayed reform of 1950, which fell short of automatic repatriation, and the absence of feminists from a lobby related to a long-identified feminist issue, are also addressed, as are topics in need of further research.     

Irish Divorce and Domestic Violence, 1857–1922

Ireland was excluded from the Divorce and Matrimonial Causes Act of 1857, which moved divorce proceedings from parliament to court. Whilst other areas of the Empire were encouraged to follow the 1857 reform, Ireland retained the costlier, lengthier and more socially and gender biased parliamentary process. Louisa Westropp's divorce of 1886 was the first divorce granted by Westminster to an Irishwoman and established legal precedent in applying case law, initially concerning domestic violence, derived in the divorce court to parliament. The result was an increase in Irish parliamentary divorce petitions, particularly from women, who utilised an augmenting definition of marital cruelty to secure a permanent release from spousal abuse.