How does one prove the law? If your neighbor breaks your window, the law regulates how you can show your claim to be true or false; but how do you prove that in breaking your window your neighbor has broken the law? American jurisprudence devotes an elaborate body of doctrine—and an equally elaborate body of accompanying scholarly commentary—to worrying about how to prove facts. It establishes rules for the admissibility of evidence, creates varying standards of proof, and assigns burdens of proof that determine who wins or loses when the facts are unclear. But the law is shockingly inexplicit when addressing these issues with respect to the proof of legal claims. Indeed, the entire language of evidentiary proof, so sophisticated when it comes to questions of fact, is largely absent from the American legal system with respect to questions of law. As Gary Lawson shows, legal claims are inherently objects of proof, and whether or not the law acknowledges the point openly, proof of legal claims is just a special case of the more general norms governing proof of any claim. As a result, similar principles of evidentiary admissibility, standards of proof, and burdens of proof operate, and must operate, in the background of claims about the law. This book brings these evidentiary principles for proving law out of the shadows so that they can be analyzed, clarified, and discussed. Viewing legal problems through this lens of proof illuminates debates about everything from constitutional interpretation to the role of stipulations in litigation. Rather than prescribe resolutions to any of those debates, Evidence of the Law instead provides a set of tools that can be used to make those debates more fruitful, whatever one’s substantive views may be. As lawyers, judges, and legal subjects confront uncertainty about what the law is, they can, should, and must, Lawson argues, be guided by the same kinds of abstract considerations, structures, and doctrines long used to make determinations about questions of fact.
Whether protecting their own rights or those of their clients, or navigating the juvenile justice, immigration, or welfare systems, social workers confront legal issues every day. This book explores legal concepts, legal reasoning, and legal processes—illustrated with case vignettes from social work practice—in order to provide social work practitioners and students with practical and accessible legal knowledge. It introduces readers to scholarship about the law and to conceptual knowledge that can be applied to any interaction with the legal system. Social workers are thereby enabled to "think like a lawyer" and increase their effectiveness. The volume features a discussion of recent reform movements, including Alternative Dispute Resolution, and an appendix of sources for legal information and research on the law.
Bullying is an increasing problem in the workplace. It is estimated that five million workers are bullied each year in the UK, and that one in four employees is aware of colleagues being bullied. Bullying creates significant health problems for employees and, despite this, there is a conspicuous absence of published material on why these behaviors occur, how their occurrence can be reduced, and what can be done to help the victims. Building a Culture of Respect focuses on the development of organizational cultures that promote the dignity of all employees, which have the power to reduce the incidence and impact of bullying. The creation of an organizational culture of respect requires an integration of organizational policies, processes and interventions. Written by a group of experienced academics and practitioners, this collective volume allows theory to be integrated with evidence and practice in an approach that can be used to inform organizational management, unions, human resource managers, lawyers, general practitioners, occupational health psychologists and counselors on the most effective ways of addressing bullying at work.
As Revised and Enacted by the General Assembly, in May, 1821, with the Acts of the Three Subsequent Sessions Incorporated; : to which are Prefixed the Declaration of Independence, the Constitution of the United States, and the Constitution of Connecticut. : Prepared and Published Under the Authority of the General Assembly