Family Law In Britain And America In The New Century
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| Author | : John Eekelaar |
| Publisher | : BRILL |
| Total Pages | : 339 |
| Release | : 2016-08-29 |
| Genre | : Law |
| ISBN | : 9004304924 |
In Family Law in Britain and America in the New Century: Essays in Honor of Sanford N. Katz nineteen leading family law scholars in the US and Britain pay tribute to Sanford Katz, Darald and Juliet Libby Millennium Professor Emeritus and Professor of Law, Boston College Law School by giving a critical account of developments in family law in their jurisdictions since 2000. Areas covered include the institution of marriage, financial and property issues, parents and children, the state and children, access to justice, and international issues as well as an overview by the Editor. The volume will provide a stimulating and accessible account of the state and current direction of travel of family law in those countries.
| Author | : Sanford N. Katz |
| Publisher | : Oxford University Press |
| Total Pages | : |
| Release | : 2021-02-12 |
| Genre | : Law |
| ISBN | : 0197554326 |
This book examines the present state of family law in America. This third edition captures recent developments, including the transformation of the institution of marriage to encompass same-sex marriage. In the discussion of same-sex marriage, Professor Katz analyses each opinion, majority and dissenting, in the case of Obergefell v. Hodges, the United States Supreme Court case that lifted the ban on same-sex marriage. Themes include the tension between individual autonomy and governmental regulation in all aspects of family law, the extent to which relationships established before marriage are being regulated, and how marriage is being redefined to take into account gender equality and the legal recognition of same-sex marriage. It demonstrates how the definition of marriage as a partnership in which the individual spouse's rights are recognized has resulted in protection of the vulnerable spouse. It also examines fault and no-fault divorce procedures and the extent to which these procedures reflect social realities. This volume describes state intervention into the parent and child relationship and how this is reflected in the re-examination of the privacy of the family unit. It concludes with a discussion of the conventional model of adoption of children and how new assisted reproductive technologies are having an impact on family formation, particularly adoption, to take into account new family forms.
| Author | : Marsha Garrison |
| Publisher | : Taylor & Francis |
| Total Pages | : 269 |
| Release | : 2022-10-28 |
| Genre | : Law |
| ISBN | : 1000777944 |
Family Life, Family Law, and Family Justice: Tying the Knot combines history, social science, and legal analysis to chart the evolution and interdependence of family life and family law, portray current trends in family life, explain the pressing policy challenges these trends have produced, and analyze the changes in family law that are essential to meeting these challenges. The challenges are large and pressing. Across the industrialized West, nonmarital birth, relational stress, multi-partner fertility, and relationship dissolution have increased, producing a dramatic rise in single parenthood, poverty, and childhood risk. This concentration of familial and economic risk accelerates socioeconomic inequality and retards intergenerational mobility. Although the divide is most pronounced in the United States, the same patterns now affect families throughout the Western world. Across the European Union, there are 9.2 million "lone" parents, and just under half of their families live in poverty. Tying the Knot demonstrates how today’s family patterns are deeply rooted in long-standing, class-based differences in family life and explains why these class-based differences have accelerated. It explains how the values that guide family law development inevitably reflect the world in which families live and develops a new family law capable of meeting the needs of twenty-first century families. The book will be of considerable interest to family specialists from a number of fields, including law, demography, economics, history, political science, public health, social policy, and sociology.
| Author | : Ruth Lamont |
| Publisher | : Oxford University Press |
| Total Pages | : 712 |
| Release | : 2022-03-11 |
| Genre | : Domestic relations |
| ISBN | : 019289353X |
Family Law offers an engaging and debate-driven guide to the subject, with each chapter crafted by a team of highly experienced teachers writing on their specialist subject under the expert editorship of Ruth Lamont. Each chapter is a superbly clear guide to the topic, structured around the key debates central to that topic, which are then explored in detail throughout the chapter. Students are thereby introduced to an enlightening range of perspectives on the key issues in family law today, allowing them to formulate their own opinions and arguments. The social, economic, and political backdrop to each topic is also extensively discusssed to ensure that students' understanding is grounded in this essential context. Family Law is a critical and modern guide to this dynamic subject.
| Author | : John Eekelaar |
| Publisher | : Oxford University Press |
| Total Pages | : 275 |
| Release | : 2017-09-29 |
| Genre | : Law |
| ISBN | : 0192543830 |
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.
| Author | : Barbara Stark |
| Publisher | : Routledge |
| Total Pages | : 422 |
| Release | : 2019-01-30 |
| Genre | : Law |
| ISBN | : 1317043111 |
Globalisation, and the vast migrations of capital and labour that have accompanied it in recent decades, has transformed family law in once unimaginable ways. Families have been torn apart and new families have been created. Borders have become more porous, allowing adoptees and mail order brides to join new families and women fleeing domestic violence to escape from old ones. People of different nationalities marry, have children, and divorce, not necessarily in that order. They file suits in their respective home states or third states, demanding support, custody, and property. Otherwise law-abiding parents risk jail in desperate efforts to abduct their own children from foreign ex-spouses. The aim of this Handbook is to provide scholars, postgraduate students, judges, and practioners with a broad but authoritative review of current research in the area of International Family Law. The contributors reflect on a range of jurisdictions and legal traditions and their approaches vary. Each chapter has a distinct subject matter and was written by an author who was invited because of his or her expertise on that subject. This volume provides a valuable contribution to emerging understandings of the subject.
| Author | : Nigel Lowe |
| Publisher | : Oxford University Press |
| Total Pages | : 985 |
| Release | : 2021 |
| Genre | : Domestic relations |
| ISBN | : 0198806698 |
'Bromley's Family Law' is a well-established and popular textbook with students and practitioners alike. This edition has been updated to take into account recent developments in family law.
| Author | : Clifford Bellamy |
| Publisher | : Bath Publishing Limited |
| Total Pages | : 410 |
| Release | : 2020-03-31 |
| Genre | : Law |
| ISBN | : 1739099281 |
For approaching two decades, family courts have been accused of making life changing decisions about children and who they live with made in secret, away from the scrutiny of the public gaze. Recognising the force of these accusations, senior family courts judges have, over that time, implemented a raft of rule changes, pilot projects and judicial guidance aimed at making the family justice more accountable and transparent. But has any progress been made? Are there still suspicions that family judges make irrevocable, unaccountable decisions in private hearings? And if so, are those suspicions justified and what can be done to dispel them? In this important and timely new book, Clifford Bellamy, a recently retired family judge who has been at the sharp end of family justice during all these changes, attempts to answer those questions and more. He has spoken to leading journalists, judges and academic researchers to find out what the obstacles to open reporting are – be they legal, economic or cultural - and interweaves their insights with informed analysis on how the laws regulating family court reporting operate. Along the way he provides a comprehensive review of the raft of initiatives he has seen come and go, summarises the position now and uses this experience to suggest how this fundamental aspect of our justice system could adapt in the face of this criticism. Every professional working in the family justice system – lawyers, social workers, court staff and judges - as well as those who job it is to report on legal affairs, should read this informative, nuanced exposition of what open justice means and why it matters so much to those whose lives are upended by the family justice system.
| Author | : Eva Brems |
| Publisher | : Routledge |
| Total Pages | : 449 |
| Release | : 2017-04-21 |
| Genre | : Law |
| ISBN | : 1317268040 |
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.
| Author | : Jonathan Todres |
| Publisher | : Oxford University Press |
| Total Pages | : 797 |
| Release | : 2020-02-19 |
| Genre | : Law |
| ISBN | : 0190097620 |
Children's rights law is a relatively young but rapidly developing discipline. The U.N. Convention on the Rights of the Child, the field's core legal instrument, is the most widely ratified human rights treaty in history. Yet, like children themselves, children's rights are often relegated to the margins in mainstream legal, political, and other discourses, despite their application to approximately one-third of the world's population and every human being's first stages of life. Now thirty years old, the Convention on the Rights of the Child (CRC) signalled a definitive shift in the way that children are viewed and understood--from passive objects subsumed within the family to full human beings with a distinct set of rights. Although the CRC and other children's rights law have spurred positive changes in law, policies, and attitudes toward children in numerous countries, implementation remains a work in progress. We have reached a state in the evolution of children's rights in which we need more critical evaluation and assessment of the CRC and the large body of children's rights law and policy that this treaty has inspired. We have moved from conceptualizing and adopting legislation to focusing on implementation and making the content of children's rights meaningful in the lives of all children. This book provides a critical evaluation and assessment of children's rights law, including the CRC. With contributions from leading scholars and practitioners from around the world, it aims to elucidate the content of children's rights law, explore the complexities of implementation, and identify critical challenges and opportunities for children's rights law.
