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Beginning Family Law

Whether you’re new to higher education, coming to legal study for the first time or just wondering what Family Law is all about, Beginning Family Law is the ideal introduction to help you hit the ground running. Starting with the basics and an overview of each topic, it will help you come to terms with the structure, themes and issues of the subject so that you can begin your Family Law module with confidence. Adopting a clear and simple approach with legal vocabulary carefully clarified, Jonathan Herring breaks the subject of family law down using practical everyday examples to make it understandable for anyone, whatever their background. Diagrams and flowcharts simplify complex issues, important cases are identified and explained and on-the- spot questions help you recognise potential issues or debates within the law so that you can contribute in classes with confidence. Beginning Family Law is an ideal first introduction to the subject for LLB, GDL or ILEX and especially international students, those enrolled on distance learning courses or on other degree programmes. Visit the companion website: http://www.routledge.com/cw/beginningthelaw/

Beginning Family Law is an ideal first introduction to the subject for LLB, GDL or ILEX and especially international students, those enrolled on distance learning courses or on other degree programmes.

An Interdisciplinary Approach to Family Law Jurisprudence

Application of an Ecological and Therapeutic Perspective

Traditionally, the legal system has attempted to fashion morality in determining family legal issues rather than to devise legal remedies that accommodate how families live. This approach must change, and a new approach based on legal realism that effectuates the well-being of families and children must be developed. This article proposes an interdisciplinary approach based on an ecological and therapeutic jurisprudential paradigm to resolve family legal proceedings. An ecological approach, emanating from the ecology of human development social science paradigm, is one in which family law decision-makers consider factors beyond their conceptions of the family. This approach urges decision-makers to account for the "family ecology," which includes the institutions within which family members participate, such as neighborhoods and religious organizations. Utilizing an ecological approach to family law jurisprudence implies that decision-makers appreciate the importance of socially rich environments for family members and facilitate linkages between and among as many systems in litigants' lives as possible. The therapeutic jurisprudential paradigm emerges from the field of mental health law and looks at the role of law as a therapeutic agent. The author urges that family law decision-makers consider outcomes that have therapeutic or positive consequences for families and children. To employ this interdisciplinary ecological and therapeutic framework, the court system must accommodate a range of dispute resolution techniques, including negotiation, mediation, and adjudication, allowing the judge to strike a balance between the parties' own resolution and a full court trial of family law issues. An interdisciplinary paradigm for family law jurisprudence that applies the ecology of human development perspective and notions of therapeutic jurisprudence can ensure that family law decision-makers and the courts are a source of strength and support for the continued and enhanced functioning of America's families.

Traditionally, the legal system has attempted to fashion morality in determining family legal issues rather than to devise legal remedies that accommodate how families live.

Family Breakdown

A Legal Guide

Family Breakdown: A Legal Guide is a fully revised edition of Divorce In Ireland, first published in 1997, with a second edition in 2003. In Ireland, family law has witnessed immense changes in the last decade with, for example, the introduction of civil partnership in 2011, amendments to the in camera rules and developing European jurisprudence. The book has been expanded to include new family law issues, such as civil partnership and changed rules for common law spouses. The new Court of Appeal, civil legal aid, and alternatives to court are covered, as well as the latest, comprehensive case law from Ireland's Supreme Court and High Court, on everything from divorce and judicial separation to annulment and prenuptial agreements. Additionally, the book includes pension and tax advice, the potential pitfalls when making a will, up-to-date marriage regulations, practical advice on appearing in court, and real-life questions and answers. It also contains a summary of all Irish family law legislation, legal forms, a glossary of legal terms, and a list of useful websites and contacts.

The book has been expanded to include new family law issues, such as civil partnership and changed rules for common law spouses.

The Neutered Mother, The Sexual Family and Other Twentieth Century Tragedies

Calling for nothing less than a radical reform of family law and a reconception of intimacy, The Neutered Mother, The Sexual Family, and Other Twentieth Century Tragedies argues strongly against current legal and social policy discussions about the family because they do not have at their core the crucial concepts of caregiving and dependency, as well as the best interests of women and children. The Neutered Mother scrutinizes the definitions of family and mother throughout the volume while paying close attention to issues of race, class and sexuality. In addition, Fienman convincingly contests society's refusal to dignify, support and respond to the needs of caregivers and illustrates the burden they must bear due to this treatment. This book is a crucial step toward defining America's most pressing social policy problems having to do with women, motherhood and the family.

This book is a crucial step toward defining America's most pressing social policy problems having to do with women, motherhood and the family.

Masculinity, Law and Family

An incisive exploration of representations in law of male sexuality, authority, paternity and men's violence in the family. This book is of central importance to our understanding of the social and political dimension of masculinity.

An incisive exploration of representations in law of male sexuality, authority, paternity and men's violence in the family. This book is of central importance to our understanding of the social and political dimension of masculinity.

A Straightforward Guide To Family Law

Revised Edition 2021

This latest book in Straightforward Guides Series, A Guide to Family Law, is a clear and concise guide to all aspects of the law as it affects the family, with changes in the law up to 2021 covered in depth. The book is intended for the layperson but can also be utilised by the professional or the student.

This latest book in Straightforward Guides Series, A Guide to Family Law, is a clear and concise guide to all aspects of the law as it affects the family, with changes in the law up to 2021 covered in depth.

Making Family Law

A Socio Legal Account of Legislative Process in England and Wales, 1985 to 2010

The legislative process is complex, encompassing a variety of aims and outcomes. Some norms and rules are embodied in law because we are simply expected by government to follow them. Others are there for entirely different reasons. A legislator may wish to send messages about what constitutes desirable behaviour, to demonstrate government's ability to deal with a local and short-term issue or to distract the electorate from other crises. Law is often, though not always, designed as a means to an end. Taking a sociological and empirically-based approach, this book offers a rare insight into the real processes by which lawmakers attempt to influence (or fail to influence) human behaviour. This account of the legislative process in Westminster rests on the author's observations and discussion with key players from the standpoint of an academic adviser on research to the department responsible for family law-making (originally the Lord Chancellor's department, then the Department for Constitutional Affairs and now the Ministry of Justice) and draws on her longstanding involvement in and knowledge of the processes of law-making. Documenting the little understood processes that occur in Whitehall, in particular how ministers, advisers and officials work together, it reveals a quite different picture from that of the rational lawmaker imagined in textbooks. Instead what emerges is an empirically-based view of the aims and functions of statute law including the different forms and relevance of symbolic legislation and a realistic view of what law aims to accomplish and what can be done in practice.

Taking a sociological and empirically-based approach, this book offers a rare insight into the real processes by which lawmakers attempt to influence (or fail to influence) human behaviour.

Mainstreaming Therapeutic Jurisprudence in Family Law

‎The Israeli Child Protection Law as a Case Study ‎

This Article considers the contribution of Therapeutic Jurisprudence (TJ) to the theoretical ‎development and practical advancement of reforms in child care law. It does so by presenting ‎three dilemmas arising from The Israeli Youth Law (Care and Supervision) - 1960 relating to its ‎substance, procedures, and practice. TJ is a “field of enquiry” that examines the influence of the ‎law on litigants in order to advance rules and practices that have therapeutic effects and to ‎minimize the use of rules and practices that have anti-therapeutic ones. Following the TJ ‎methodology, we integrate psycho-social findings into the legal discussion. We also follow ‎Wexler's metaphoric framework portraying legal rules and structures as “bottles,” practices and ‎behaviors as “wine,” and social science knowledge as “vineyards” from which TJ-oriented ‎‎“wine” can be made. We propose some therapeutic “wine,” as well as legal reform to make the ‎child protection “bottle” more “TJ-friendly” for children and families.‎

This Article considers the contribution of Therapeutic Jurisprudence (TJ) to the theoretical ‎development and practical advancement of reforms in child care law.

Chinese Family Law and Social Change

Although "law and social change" is a current topic of scholarly discussion, little research has been undertaken on the role of family law as an instrument of social change. This multidisciplinary volume now makes available recent research conducted in this field. The first section includes an examination of the standards and rules for marriage during Han times, and of divorce in traditional Chinese law. The second section, devoted to family partition procedures, discusses the nature of family property in traditional China; the results of a field investigation on ancestral sacrifice in Manchuria; and the partition of family property in villages in southern Taiwan and in Tibet. The third section, dealing only with Taiwan, examines marriage in rural areas, summarizes field research on rural to urban migration, and looks at modernization and household composition. An investigation of marriage and divorce in the People's Republic of China, and comparisons of developments in marriage law in the USSR and in the People's Republic of China are dealt with in the fourth section. In the fifth section the authors indicate some factors that influence the relationship of law and social change in India and Indonesia.

This multidisciplinary volume now makes available recent research conducted in this field. The first section includes an examination of the standards and rules for marriage during Han times, and of divorce in traditional Chinese law.