Law in Society: Reflections on Children, Family, Culture and Philosophy

2015-08-27
 |  Law
Law in Society: Reflections on Children, Family, Culture and Philosophy

Author: Alison Diduck

Publisher: BRILL

ISBN: 9789004261495

Category: Law

Page: 685

View: 693

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This collection, written by legal scholars from around the world, offers insights into a variety of topics from children’s rights to criminal law, jurisprudence, medical ethics and more. Its breadth reflects the fact that these are all elements of what can broadly be called ‘law and society’, that enterprise that is interested in law’s place or influence in diffferent aspects of real lives and understands law to be simultaneously symbol, philosophy and action. It also testament to the broad range of vision of Professor Michael Freeman, in whose honour the volume was conceived. The contributions are divided into categories which reflect his distinguished career and publications, over 85 books and countless articles, including pioneering work on children’s rights, domestic violence, religious law, jurisprudence, law and culture, family law and medicine, ethics and the law, as well as his enduring commitment to interdisciplinarity.

Philosophical Foundations of Children's and Family Law

2018-03-02
 |  Law
Philosophical Foundations of Children's and Family Law

Author: Elizabeth Brake

Publisher: Oxford University Press

ISBN: 9780191089725

Category: Law

Page: 350

View: 681

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This volume brings together new essays in law and philosophy on a broad range of topics in children's and family law. It is the first volume to bring together essays by legal scholars and philosophers for an integrated, critical analysis of key issues in this area, marking the 'coming of age' of a comparatively new field of family law. Debates in children's and family law are at once theoretical and empirical in nature. Not only does children's and family law have significant consequences for individuals' intimate lives, the field's impact on lived experience highlights the socially constructed nature of law. Approaching this area of law often involves exploring a legal concept familiar from daily life, such as the very notion of 'marriage' or 'family', and examining it within its social, economic, and historical context. The normative basis for law regulating intimate personal and family life extends beyond any narrow legal philosophy or social context to its broader foundations in theories of morality or justice. The chapters included bring together a representative and broad range of pieces that engage with long-standing and contemporary debates. A wide range of perspectives is represented on topics such as same-sex marriage, polygamy and polyamory, alimony, unmarried cohabitation, gestational surrogacy and assisted reproductive technologies, child support, parental rights and responsibilities, children's rights, family immigration, religious freedom, and the rights of paid caregivers. There is also philosophical discussion of concepts such as care, intimacy, and the nature of family and family law itself.

Family Law and Personal Life

2017-09-22
 |  Law
Family Law and Personal Life

Author: John Eekelaar

Publisher: Oxford University Press

ISBN: 9780192543820

Category: Law

Page: 208

View: 347

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Developments in the law, scholarship, and research since 2006 form a substantial part of the second edition of this book which sets the governance of personal relationships in the context of the exercise of social and personal power. Its central argument is that this power is counterbalanced by the presence of individual rights. This entails an analysis of the nature and deployment of rights, including human rights, and children's rights. Against that background, the book examines the values of friendship, truth, respect, and responsibility, and how the values of individualism co-exist with those of the community in an open society. It argues that central to these values is respecting the role of intimacy in personal relationships. In doing this, a variety of issues are examined, including the legal regulation of married and unmarried relationships, same-sex marriage, state supervision over the inception and exercise of parenthood (including surrogacy and assisted reproductive technology), the role of fault and responsibility in divorce law, children's rights and welfare, religion and family rights, the rights of separated partners regarding property and of separated parents regarding their children, and how states should respond to cultural diversity.

British Conservatism and the Legal Regulation of Intimate Relationships

2018-08-23
 |  Law
British Conservatism and the Legal Regulation of Intimate Relationships

Author: Andrew Gilbert

Publisher: Bloomsbury Publishing

ISBN: 9781509915903

Category: Law

Page: 256

View: 817

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What does conservatism, as a body of political thought, say about the legal regulation of intimate relationships, and to what extent has this thought influenced the Conservative Party's approach to family law? With this question as its focus, this book explores the relationship between family law, conservatism and the Conservative Party since the 1980s. Taking a politico- and socio-legal perspective, the discussion draws on an expansive reading of Hansard as well as recently released archival material. The study first sets out the political tradition of conservatism, relying largely on the work of Edmund Burke, before going on to analyse the discourse around the development of four crucial statutes in the field, namely: the Matrimonial and Family Proceedings Act 1984; the Family Law Act 1996; the Civil Partnership Act 2004; and the Marriage (Same Sex Couples) Act 2013. This work offers the first extended synthesis of family law, conservative political thought and Conservative Party politics, and as such provides significant new insight into how family law is made.

Routledge Handbook of Family Law and Policy, 2nd edition

2020-07-27
 |  Law
Routledge Handbook of Family Law and Policy, 2nd edition

Author: John Eekelaar

Publisher: Routledge

ISBN: 9781000096507

Category: Law

Page: 508

View: 750

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Changes in family structures, demographics, social attitudes and economic policies over the last sixty years have had a large impact on family lives and correspondingly on family law. The second edition of this Handbook draws upon recent developments to provide a comprehensive and up-to-date global perspective on the policy challenges facing family law and policy round the world.The chapters apply legal, sociological, demographic and social work research to explore the most significant issues that have been commanding the attention of family law policy-makers in recent years. Featuring contributions from a range of renowned global experts, the book draws on multiple jurisdictions and offers comparative analysis across a range of countries. The book addresses a range of issues including the role of the state in supporting families and protecting the vulnerable, children’s rights and parental authority, sexual orientation, same-sex unions and gender in family law, the status of marriage and other forms of adult relationships. It also focuses on divorce and separation and their consequences, the relationship between civil law and the law of minority groups, refugees, migrants and movement of family members between jurisdictions along with assisted conception, surrogacy and adoption. This advanced level reference work will be essential reading for students, researchers and scholars of family law and social policy as well as policy makers in the field.

The Oxford Handbook of Children and the Law

2020-02-07
 |  Law
The Oxford Handbook of Children and the Law

Author:

Publisher: Oxford University Press

ISBN: 9780190694418

Category: Law

Page: 752

View: 177

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The Oxford Handbook of Children and the Law presents cutting-edge scholarship on a broad range of topics covering the life course of humans from before birth to adulthood, by leading scholars in law, medicine, social work, sociology, education, and philosophy, and by practitioners in law and medicine. An international collection of authors presents and analyzes the law and science pertaining to reproduction; prenatal life (including fetal exposure to toxic substances and abortion); parentage (including biology-based rights, background checks on birth parents, adoption, the status of gamete donors, and surrogacy); infant development and vulnerability; child maltreatment (including corporal punishment and religious defences to abuse and neglect); child protection policy and systems; foster care; child custody disputes between parents or between parents and other caregivers; schooling (including financing, resegregation, religious expression in public schools, at-risk students, special education, regulation of private schools, and homeschooling); delinquency; minimum-age laws; and child advocacy. Most chapters follow a format wherein they first describe the most debated or dynamic issues in each topical area, then explain in depth the law and/or science pertaining to the author's particular focus, and finally offer arguments and recommendations as to law and policy in that area. The normative component aims to advance discussions and debates in vital areas of contemporary child welfare law and policy. The Handbook is an essential resource for scholars and professionals interested in the intersection of children and the law.

Lawyers and Mediators

2016-02-25
 |  Law
Lawyers and Mediators

Author: Mavis Maclean

Publisher: Bloomsbury Publishing

ISBN: 9781509904839

Category: Law

Page: 176

View: 128

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Do lawyers make matters worse, or do they provide information, advice and support which can help to prevent disputes arising or manage them when they do? Do mediators enable parties to communicate and reach agreements tailor-made to their needs? Or working outside the legal framework, do they find it difficult to protect weaker parties and access expert advice? What happens when lawyers become mediators? This book will describe the structure of service provision and the day-to-day work of lawyers, mediators, and lawyer mediators, drawing on empirical work carried out between 2013 and 2015 immediately after the recent changes to the management of divorce and separation within the family justice system. The reduction in legal aided help in 2013 and the failure of mediation to fill the gap in 2014–15 have given rise to a difficult debate. This book aims to provide an account of some of the practical effects of these policies through a description of the daily work of practitioners in the sector. It raises the question of whether we need to choose between traditional legal services and the new processes of private ordering or whether intermediate positions might be possible.

The UN Convention on the Rights of the Child

2019-03-28
 |  Law
The UN Convention on the Rights of the Child

Author: John Tobin

Publisher: Oxford University Press

ISBN: 9780192563019

Category: Law

Page: 1600

View: 268

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The United Nations Convention on the Rights of the Child is the most extensive and widely ratified international human rights treaty. This Commentary offers a comprehensive analysis of each of the substantive provisions in the Convention and its Optional Protocols on Children and Armed Conflict and the Sale of Children, Child Prostitution and Pornography. It offers a detailed insight into the drafting history of these instruments, the scope and nature of the rights accorded to children and the obligations imposed on states to secure the implementation of these rights. In doing so, it draws on the work of the Committee on the Rights of the Child, international, regional and domestic courts, academic and interdisciplinary scholarly analyses. It is of relevance to anyone working on matters affecting children including government officials, policy makers, judicial officers, lawyers, educators, social workers, health professionals, academics, aid and humanitarian workers, and members of civil society.

Family Rights and Religion

2020-09-11
 |  Law
Family Rights and Religion

Author: John Eekelaar

Publisher: Routledge

ISBN: 9781000152111

Category: Law

Page: 526

View: 931

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The interaction between individual rights, which are often seen in secular terms, and religion is becoming an important and complex topic not only for academic study but for practical policy. This volume collects a range of writings from journals, edited collections and individual books which deal with different aspects of the interaction within the context of family life, and which appear with their original pagination. These studies have been selected because they throw a sharp light on central elements of the role of religion in determining the structure of the rights of family members in relation to one another, both from an historical and contemporary perspective. While many of the writings are focused on US and European systems, selected writings covering other systems illustrate the universal nature of the topic. The studies are accompanied by a reflective commentary from the editor which sets the writings in a broad context of social, constitutional and philosophical thought, with the aim of stimulating critical thought and discussion.

Children's Rights Law in the Global Human Rights Landscape

2017-04-21
 |  Law
Children's Rights Law in the Global Human Rights Landscape

Author: Eva Brems

Publisher: Routledge

ISBN: 9781317268048

Category: Law

Page: 312

View: 853

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Children’s rights law is often studied and perceived in isolation from the broader field of human rights law. This volume explores the inter-relationship between children’s rights law and more general human rights law in order to see whether elements from each could successfully inform the other. Children’s rights law has a number of distinctive characteristics, such as the emphasis on the ‘best interests of the child’, the use of general principles, and the inclusion of ‘third parties’ (e.g. parents and other care-takers) in treaty provisions. The first part of this book questions whether these features could be a source of inspiration for general human rights law. In part two, the reverse question is asked: could children’s rights law draw inspiration from developments in other branches of human rights law that focus on other specific categories of rights holders, such as women, persons with disabilities, indigenous peoples, or older persons? Finally, the interaction between children’s rights law and human rights law – and the potential for their isolation, inspiration or integration – may be coloured or determined by the thematic issue under consideration. Therefore the third part of the book studies the interplay between children’s rights law and human rights law in the context of specific topics: intra-family relations, LGBTQI marginalization, migration, media, the environment and transnational human rights obligations.

The Sociology of Childhood

2017-06-10
 |  Social Science
The Sociology of Childhood

Author: William A. Corsaro

Publisher: SAGE Publications

ISBN: 9781506386201

Category: Social Science

Page: 504

View: 152

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William A. Corsaro′s groundbreaking work, The Sociology of Childhood, Fifth Edition discusses children and childhood from a sociological perspective - providing in-depth coverage of social theories of childhood, the peer cultures and social issues of children and youth, and children and childhood within the frameworks of culture and history.

The Children's Senator

2020-10-22
 |  Biography & Autobiography
The Children's Senator

Author: Virginia Caputo

Publisher: McGill-Queen's Press - MQUP

ISBN: 9780228004332

Category: Biography & Autobiography

Page:

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The Honourable Landon Pearson's domestic and global advocacy efforts with, for, and on behalf of children and young people have unfolded over a period of sixty years including thirty years in the Canadian Foreign Service and eleven years in the Senate of Canada. Two of the key ideas that frame her vision are that as rights holders, children have a right to participate in matters that affect their lives, and that every child needs at least one adult to provide steadfast and consistent support. In The Children's Senator contributors detail Pearson's influence on children's rights scholarship, research, and advocacy in a variety of areas including Indigenous children's rights, youth justice, commercial sexual exploitation of children, children's mental health, and corporal punishment. Following Pearson's lifelong commitment to highlighting young people's participation, the volume also includes testimonials from former students regarding her invaluable mentorship. Pearson's professional career and aspects of her personal life, including her experience as a parent of five children, merge in a fascinating account of Canada's premier children's rights advocate. An intimate and compelling collection, The Children's Senator celebrates Pearson as a catalyst of change in Canada and internationally. Her efforts to construct a children's rights architecture in collaboration with decision-makers and young people inform a legacy that has laid a foundation for children's rights into the twenty-first century.