This volume is a collection of articles by scholars across disciplines to create a discourse of family law independent of Religious Personal Law, whilst striving for fairness and justice to all. It demonstrates the artificiality of the public–private divide and seeks the systematic development of ideas for a fair and just family law in contemporary India. The book does not merely document the pathologies of power within the family but also makes proposals for remedying these inequities. It is not confined to considering what changes need to be inducted into existing family law to make it more just, but also strategises on the means and methods of effecting the change. It lifts the familial veil and scrutinises the status, rights and disabilities of some of the subordinated members of the family. The volume is an invitation to redefine family law with the twin tools of reflection and responsibility. It will interest those in law judges, legislators, law reformers as well as those in women and family studies, policy makers and policy analysts, apart from the general reader.
This volume is a collection of articles by scholars across disciplines to create a discourse of family law independent of Religious Personal Law, whilst striving for fairness and justice to all.
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.
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.
This book explores the importance of autonomy in family law. It argues that traditional understandings of autonomy are inappropriate in the family law context and instead recommends the use of relational autonomy. The book starts by explaining how autonomy has historically been understood, before exploring the problems with its use in family law. It then sets out the model of relational autonomy which, it will be argued, is more appropriate in this context. Finally, some examples of practical application are presented. The issues raised and theoretical discussion is relevant to any jurisdiction.
This book explores the importance of autonomy in family law. It argues that traditional understandings of autonomy are inappropriate in the family law context and instead recommends the use of relational autonomy.
This Briefcase is made up of a very wide selection of cases chosen so as to enunciate and illustrate some of the fundamental principles applied by the courts to contemporary problems of family law. The basic facts of the cases and the courts decisions are outlined, and particular attention is given to judicial comments on the essence of the legal questions under discussion. Special emphasis is placed on recent decisions of the Court of Appeal and House of Lords. Attention has been paid to the implications of the recent announcement that the Family Law Act 1996 has been placed on hold, with the exception of the important Part IV of the Act, relating to domestic violence. Full reference tables of cases and statutes are given. Presentation of the text is designed specifically for students involved in preparation for law degrees and other law-related courses, and for social workers whose daily activities necessitate an understanding of the impact of the decisions of the courts on fundamental social problems related to the family.
Presentation of the text is designed specifically for students involved in preparation for law degrees and other law-related courses, and for social workers whose daily activities necessitate an understanding of the impact of the decisions ...
This textbook uses cases in family law to illustrate both traditional philosophical problems in the law as well as problems that are unique to family law. In the beginning chapters family law cases are employed to introduce the reader to philosophical debates about the relationship between law and morals, about how one ought to interpret the U.S. Constitution and its amendments, about the conditions under which individual liberty is justifiably limited by law, about the justification of punishment, and about the justification of remedies and standards of care in determining negligence in tort cases. Later chapters are devoted to contemporary issues unique to family law, including justifiable limits of access to marriage, alternatives to marriage, the rights of children, child custody disputes involving surrogate births, quasi-property disputes involving custody of frozen embryos, and the justifiable limits of the right not to procreate. The book reflects current movements, contemporary debates, and recent research on the philosophical problems in family law.
The book reflects current movements, contemporary debates, and recent research on the philosophical problems in family law.
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.
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.
'Family Law' refers to the set of legal rules which are in practice in India with regards to 'family' issues - marriage, divorce, inheritance, etc. This volume is a collection of articles by different scholars across disciplines to generate a discourse on just Family Law. Main features: it is an inter-disciplinary collection of articles on family law - not just by lawyers or legal specialists but includes political scientists, sociologists, economists, anthropologists, religion specialists, etc. it is concerned with a just family law that moves beyond a uniform civil code. Has a strong but not exclusive focus on women and women's issues. The authors demonstrate that substantive rules such as a just family law, in addition to being inclusive, would make connections between the structure of the family and in the wider economic, political and social institutions. Secondly, they challenge the myths about the private sphere as the sphere of non-regulation by law in order to demonstrate that just a family law can be compatible with freedom of conscience. The authors here are seeking to create a discourse on family law that accommodates diversity and is context-sensitive. However, most of the contemporary legal theory questions the role of law in achieving justice, and there is a pervasive view that cultural diversity is more valuable than a state-imposed family law. This argument is addressed from various standpoints to show that cultural plurality can be pursued in many other ways and a just family law is the minimum condition for a fair resolution of disputes, if and when they do rise. This book does not just document the pathologies of power within the family but also makes proposals for remedying these inequities. It is not confined to considering what changes need to be inducted into existing family law to make it more just, but also strategises on the means and methods of effecting the change. It seeks to break the silences prevailing in relation to some excluded groups, whose existence is not even acknowledged by contemporary family law.
This volume is a collection of articles by different scholars across disciplines to generate a discourse on just Family Law.
Legal issues relating to judicial decisions concerning a child's future. Central to Dr. Goldstein's and his co-authors' thinking, was the idea ''that courts should choose the alternative that was the least detrimental to the interest of the child.''
Central to Dr. Goldstein's and his co-authors' thinking, was the idea ''that courts should choose the alternative that was the least detrimental to the interest of the child.''
This volume contains introductions to the main institutions of family law - primarily 'traditional' family law - in eleven European jurisdictfons. These reports were compiled, edited and published within the framework of a research project financed by the Ministry of justice of Hungary with the aim of enhancing the quality of legal education. This project has been realised through several_ sub-projects. One sub-project-dealing with the issues and regulations concerning the family and family members, as well as-family faw itself, providing consistent and up-to-date information according to the structure used in the reports in this collection - was performed in two dimensions, in a Hungarian and in a European context. The later one, called the 'Developments in Family Law - Year by Year' programme has resulted in a workshop and a database, which aims to build and maintain information concerning the regulations, key judgments and literature on family law in several European jurisdictions. In the first project year, the family law institutions of Belgium, Bulgaria, Croatia, Czechia, Hungary, Italy, Poland, Portugal, Romania, Slovenia and Spain were involved, with the research being undertaken by native family law experts in each case. The aim of 'Developments in Family Law - Year by Year' was to give an overview of the main sources of family law. Each report explores also some judgments of the national Supreme Court, Constitutional Court or upper courts of each country, which have significance in shaping family law and its interpretation by national family law institutions.
This volume contains introductions to the main institutions of family law - primarily 'traditional' family law - in eleven European jurisdictfons.
