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.
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.
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.
Theory, Application and the Best Interests of the Child
"[T]he best and most useful social science text I have read in a decadeÖ.It is comprehensive in its research and scope, clearly written and uses excellent case studies and examples to illustrate in simple terms what might otherwise be complex phenomena." --Dr. Tom Altobelli Federal Magistrate, Family Law Courts Sydney, Australia The goal of every family law professional and mental health practitioner is to improve family court outcomes in the best interests of the child. This book will assist readers in meeting this critical goal. Developmental Psychology for Family Law Professionals serves as a practical application of developmental theory to the practice of family law. This book helps family law and mental health professionals gain a broader understanding of each child's unique needs when in the midst of family crisis. It presents developmental theories with which professionals might better assess the developmental needs, synchronies, and trajectories of a given child. Ultimately, this book presents guidelines for making appropriate legal decisions and recommendations for children who have experienced crises such as abuse, neglect, relocation, divorce, and much more. Key topics include: Custodial schedules Foster and adoptive care Post-divorce disputes Termination of parental rights Psychological assessment and diagnosis Incarcerated parents and visitation rights Relocation and "distance parenting" Visitation resistance and refusal/reunification Parental Alienation/alignment and estrangement Theories of cognitive, language, and social development
This book will assist readers in meeting this critical goal. Developmental Psychology for Family Law Professionals serves as a practical application of developmental theory to the practice of family law.
In February 2018, the ‘Independent Review on Sharia Law in England and Wales’ was published, headed by Professor Mona Siddiqui. The review focused on whether sharia law is being misused or applied in a way that is incompatible with the domestic law in England and Wales, and, in particular, whether there were discriminatory practices against women who use sharia councils. It came about after years of concerns raised by academics, lawyers and women’s activists. This timely collection of essays from experts, scholars and legal practitioners provides a critique and evaluation of the Inquiry findings as a starting point for analysis and debate on current British Muslim family law practices in the matters of marriage and divorce. At the heart of the collection lie key questions of state action and legal reform of religious practices that may operate ‘outside the sphere of law and legal relations’ but also in conjunction with state law mechanisms and processes. This cutting-edge book is a must read for those with an interest in Islamic law, family law, sociology of religion, human rights, multiculturalism, politics, anthropology of law and gender studies.
... Islamic law is the actual experience with legal pluralism in non - Western countries specifically with its often grave political and human rights consequences.11 Also absent is clarity about the type of Islamic law being used in this so ...
A practical manual in how to meet the needs of Muslim clients, the book explains basic concepts of Islamic Family Law and how the English legal system can be used to satisfy the diverse needs of Muslim clients
A practical manual in how to meet the needs of Muslim clients, the book explains basic concepts of Islamic Family Law and how the English legal system can be used to satisfy the diverse needs of Muslim clients
In recent years, all over the western world, a conversation has begun about the role of Islamic law or Shariah in secular liberal democratic states. Often this has focused on the area of family law, including matters of marriage and divorce. Islamic Family Law in Australia considers this often-controversial issue through the lens of multiculturalism and legal pluralism. Primarily, its main objective is to clarify the arguments that have been made recently. In both Australia and overseas, debates have occurred which have been both controversial and divisive, but have rarely been informed by any detailed analysis of how Muslim communities in these countries are actually dealing with family law issues. Islamic Family Law in Australia responds to this need for accurate information by presenting the findings of the first empirical study exploring how Australian Muslims resolve their family law matters. Through the words of religious and community leaders as well as ordinary Australian Muslims, the book questions the assumption that accommodating the needs of Australian Muslims requires the establishment of a separate and parallel legal system. Islamic Studies Series - Volume 16
Through the words of religious and community leaders as well as ordinary Australian Muslims, the book questions the assumption that accommodating the needs of Australian Muslims requires the establishment of a separate and parallel legal ...
