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Index by subjects, compiled by K.G.B. Bakewell covering the following journals: Facilities Volumes 8‐17; Journal of Property Investment & Finance Volumes 8‐17; Property Management…
Abstract
Index by subjects, compiled by K.G.B. Bakewell covering the following journals: Facilities Volumes 8‐17; Journal of Property Investment & Finance Volumes 8‐17; Property Management Volumes 8‐17; Structural Survey Volumes 8‐17.
Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18;…
Abstract
Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18; Property Management Volumes 8‐18; Structural Survey Volumes 8‐18.
Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐17; Journal of Property Investment & Finance Volumes 8‐17;…
Abstract
Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐17; Journal of Property Investment & Finance Volumes 8‐17; Property Management Volumes 8‐17; Structural Survey Volumes 8‐17.
Index by subjects, compiled by K.G.B. Bakewell covering the following journals: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18; Property Management…
Abstract
Index by subjects, compiled by K.G.B. Bakewell covering the following journals: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18; Property Management Volumes 8‐18; Structural Survey Volumes 8‐18.
Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18;…
Abstract
Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18; Property Management Volumes 8‐18; Structural Survey Volumes 8‐18.
Hiral Patel and Anilkumar Hanumappa
The purpose of this paper is to identify various legal issues that affect libraries in India.
Abstract
Purpose
The purpose of this paper is to identify various legal issues that affect libraries in India.
Design/methodology/approach
The method adopted in this study was to identify and analyze all cases filed in the Indian Supreme Court, High Courts and Tribunals and Commissions and reported in the Westlaw India database for the 10-year period from 2008 to 2017.
Findings
Among the identified cases that were related to libraries or library professionals, a large majority of them were issues related to service or employment such as pay scales, promotion, age of superannuation and service termination. There were very few cases related to library work, such as library access, services provided and copyright.
Research limitations/implications
The current study is based on study of cases that have been reported and mentioned in Westlaw India Legal Database and occurring during the limited period from 2008 to 2017. The implications of the study are manifold, with the main implication being the urgent need to introduce basic legal education and training to library professionals. The other implication is the need to further research in this domain due to lack of sufficient studies on the topic and enrich the library and information science (LIS) literature.
Originality/value
This study would not only help create awareness about legal issues related to libraries and library professionals but also help in understanding the main areas of litigation involving libraries and library professionals. The study also makes a case for introduction of basic legal education for LIS professionals. The paper adopts a novel research approach that can be replicated by researchers in other countries to enable international comparisons.
Details
Keywords
Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐17; Journal of Property Investment & Finance Volumes 8‐17;…
Abstract
Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐17; Journal of Property Investment & Finance Volumes 8‐17; Property Management Volumes 8‐17; Structural Survey Volumes 8‐17.
Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18;…
Abstract
Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18; Property Management Volumes 8‐18; Structural Survey Volumes 8‐18.
Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐17; Journal of Property Investment & Finance Volumes 8‐17;…
Abstract
Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐17; Journal of Property Investment & Finance Volumes 8‐17; Property Management Volumes 8‐17; Structural Survey Volumes 8‐17.
The formality of modern law is a constitutive element in its operation, but the “revolt against formalism” and the charge of mechanical jurisprudence are also as old as the law…
Abstract
The formality of modern law is a constitutive element in its operation, but the “revolt against formalism” and the charge of mechanical jurisprudence are also as old as the law. This chapter focuses on formalism in legal decision-making in hard cases and assumes that contemporary decision-making in law combines formalistic with nonformalistic expressions as part of its routine operation. The research develops a sensitive multidimensional measure that will be used to evaluate legal texts by examining various vectors of formalism. It begins by exploring diverse jurisprudential cultures of formalism, which have developed mainly in American legal thought. Based on the historical analysis of cultures of formalism, the chapter continues to frame eight claims of formalism that have all been contested in legal writing. It proposes to examine the following parameters, based on these claims: (1) the introduction and framing of the legal question; (2) the use of extralegal arguments; (3) reliance on policy arguments and on legal principles; (4) reference to discretion and choice; (5) the relationship between what is presented as facts and what is presented as norms; (6) preservation of traditional boundaries in law; (7) the use of professional judicial rhetoric; (8) the gap between law in the books and law in action; and (9) judicial stability and institutional deference. Each of these parameters can be used to evaluate the level of formalism in a concrete text. The interplay between diverse evaluations of the same case is a subject for inquiry and contemplation. These parameters can also be redefined as variables for a quantitative content analysis, and legal decisions can be coded accordingly. This will enable an analysis of differences between justices, legal issues, legal jurisdictions, and time frames, as well as the correlation between the various parameters of formalism. The tendency to formalism, according to the analysis here, is never pure and is part of a complex legal culture that usually combines formalistic elements with nonformalistic ones.