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Discrimination has long been identified as detrimental to the basic functioning of multicultural countries like Canada. While governments have adopted constitutional law and passed human rights legislation to combat and control discrimination, these laws are inapplicable to a significant portion of Canadian law. Areas of private law, such as wills and trusts are therefore more vulnerable to use by individuals seeking to perpetuate discrimination.The main way that courts in Canada have dealt with this issue is through the use of the doctrine of public policy. As early as the 19th century, private law provisions viewed as restraining another's freedom of religion or perpetuating discrimination on grounds such as race, ethnicity, or sexual orientation have been found contrary to public policy by Canadian courts and voided accordingly.While the uniquely Canadian jurisprudence in this area continues to evolve, until quite recently, its trajectory appeared to be one of expansion. However, the latest appellate level decision in this area,Spence v. BMO Trust Co., appears to have changed the course of this jurisprudence. In Spence, the Ontario Court of Appeal found that certain testamentary clauses, no matter how discriminatory in nature, can never be subject to a public policy review. This article argues that while the result of Spence was likely correct on its particular facts, the reasoning of that decision goes too far in its attempt to limit the doctrine's applicability with respect to discrimination in the private law. Parts of the decision in Spence ignore the key message of past decisions in this area concerning the danger of uncensored discrimination in Canadian society. While reasonable people may disagree on the outcome of any given public policy inquiry, a point that should attract consensus is that the private law should never be an unexamined and impenetrable shelter for discrimination. However, Spence effectively creates an area of the private law immune to legal scrutiny by precluding the use of the common law doctrine that has been used to directly confront and censure discrimination in Canadian private law.
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486.More information
This study uses the lens of Jewish-Israeli middle-class women's home cooking and nostalgia to account for the reformulation of Israel's national cuisine over three generations. My historic analysis incorporates two recent developments in the social theory of nostalgia, which argue that women negotiate gendered power relations in the family through this complex emotion, and also critique their national home. The analysis illustrates how the Zionist ideology employed nostalgia and the food arena to constitute gendered myths during the first phase, from the pre state 1920s to the 1960s (post state). These myths served the “double colonisation” of the Jewish-Arab and Arab populations by the Ashkenazi elite. The analysis also regards the societal responses to second-wave feminism in the food arena during the second phase, post 1960s. My focus on the nostalgia and home cooking of middle-class women throughout the analysis shows their dishes are enactment of ethnic diversity. Yet beyond this point, my focus illustrates that women's home cooking is a manifestation of their longing to return to homelands (other than Israel). This idea indicates that women employ their dishes to negotiate kinship, ethnic and class-based relationships that reshape the national cuisine over generations. While some women may contest the national Zionist hierarchy through nostalgic cooking, above all, their home cooked dishes depict struggles to constitute collective belonging. Examining women's metaphoric journey home through their cooking should, therefore, serve future comparative analysis that looks into the reformation of national cuisines in other post-colonial societies.
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Uzziah ruled in Judah for many years, yet the description of his rule in the book of Kings is laconic. The book of Chronicles, on the other hand, provides an extensive description of his reign that stems from authorial ideology, theology, and processes of identity formation. The book of Ezra-Nehemiah describes a series of confrontations from four directions, with Uzziah’s battles with the Philistines, the Arab tribes, and the Ammonites being three of these fronts. The Chronicler, writing several decades after Ezra-Nehemiah, was aware of the Ezra-Nehemiah text or its narrative, and developed the figure of Uzziah as a great king, thus serving his own national, economic, ethnic, and religious goals.
Keywords: Chronicles, Uzziah, Ezra-Nehemiah, Yehud