Law In Society Reflections On Children Family Culture And Philosophy

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

Author : Alison Diduck,Noam Peleg,Helen Reece
Publisher : BRILL
Page : 685 pages
File Size : 54,8 Mb
Release : 2015-08-27
Category : Law
ISBN : 9789004261495

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Law in Society: Reflections on Children, Family, Culture and Philosophy by Alison Diduck,Noam Peleg,Helen Reece Pdf

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

Author : Elizabeth Brake,Lucinda Ferguson
Publisher : Oxford University Press
Page : 350 pages
File Size : 50,5 Mb
Release : 2018-03-02
Category : Law
ISBN : 9780191089725

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Philosophical Foundations of Children's and Family Law by Elizabeth Brake,Lucinda Ferguson Pdf

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.

Routledge Handbook of Family Law and Policy

Author : John Eekelaar,Rob George
Publisher : Routledge
Page : 548 pages
File Size : 47,8 Mb
Release : 2020-07-26
Category : Law
ISBN : 9781000096507

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Routledge Handbook of Family Law and Policy by John Eekelaar,Rob George Pdf

Changes in family structures, demographics, social attitudes and economic policies over the last 60 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 policymakers in recent years. Featuring contributions from 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, and 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 and migrants and the 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 policymakers in the field.

Family Law and Personal Life

Author : John Eekelaar
Publisher : Oxford University Press
Page : 208 pages
File Size : 41,6 Mb
Release : 2017-09-22
Category : Law
ISBN : 9780192543820

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Family Law and Personal Life by John Eekelaar Pdf

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.

Teaching Family Law

Author : Henry Kha,Mark Henaghan
Publisher : Taylor & Francis
Page : 176 pages
File Size : 48,6 Mb
Release : 2023-08-25
Category : Education
ISBN : 9781000931884

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Teaching Family Law by Henry Kha,Mark Henaghan Pdf

This book provides a comprehensive analysis of the teaching of an eclectic range of family law topics and the unique opportunities and challenges of teaching family law in different jurisdictions from a varied international perspective. Written by leading legal scholars, the book addresses a gap in the scholarship to comprehensively and systematically analyse the teaching of family law. The first part of the book explores ways of teaching the varied range of topics under the heading of family law and captures the diverse approaches to the discipline. Chapters illustrate how the subject can be best taught in an interdisciplinary way that considers feminist perspectives and the philosophy of teaching, while encompassing legal positivism, empirical research and critical legal theory. The second part of the book examines teaching in different jurisdictions and illustrates policy and practice in Australia, New Zealand, the United States, Canada, the United Kingdom, Hong Kong and South Africa. Showcasing examples of best practice of teaching family law, the book will be an essential reading for legal scholars, as well as researchers and postgraduate students in the fields of family law and legal education.

The Oxford Handbook of Children and the Law

Author : Anonim
Publisher : Oxford University Press
Page : 954 pages
File Size : 51,7 Mb
Release : 2020-02-07
Category : Law
ISBN : 9780190694418

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The Oxford Handbook of Children and the Law by Anonim Pdf

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

Author : Mavis Maclean,John Eekelaar
Publisher : Bloomsbury Publishing
Page : 176 pages
File Size : 41,6 Mb
Release : 2016-02-25
Category : Law
ISBN : 9781509904839

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Lawyers and Mediators by Mavis Maclean,John Eekelaar Pdf

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.

Children's Rights Law in the Global Human Rights Landscape

Author : Eva Brems,Ellen Desmet,Wouter Vandenhole
Publisher : Routledge
Page : 312 pages
File Size : 54,5 Mb
Release : 2017-04-21
Category : Law
ISBN : 9781317268048

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Children's Rights Law in the Global Human Rights Landscape by Eva Brems,Ellen Desmet,Wouter Vandenhole Pdf

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.

Children in Custody Disputes

Author : Anna Kaldal,Agnes Hellner,Titti Mattsson
Publisher : Springer Nature
Page : 229 pages
File Size : 54,7 Mb
Release : 2024-01-08
Category : Social Science
ISBN : 9783031463013

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Children in Custody Disputes by Anna Kaldal,Agnes Hellner,Titti Mattsson Pdf

​This open access book explores how legal proceedings in and out-of-court can be matched to the complex problems underlying disputes concerning child custody, residence and contact between parents. It focusses in particular on Nordic experiences of in and out-of-court mechanisms as means of resolving custody disputes. The contributors are internationally renowned and experienced researchers from the legal, psychological, and sociological fields who provide empirical as well as legal perspectives. They examine central legal, ethical and knowledge-based dilemmas in custody dispute proceedings. The findings speak to an international audience and suggest ways how to best realize the interests of the child. It transcends disciplinary, institutional, and jurisdictional boundaries in search of new knowledge.

The Children's Senator

Author : Virginia Caputo
Publisher : McGill-Queen's Press - MQUP
Page : 128 pages
File Size : 54,7 Mb
Release : 2020-10-22
Category : Biography & Autobiography
ISBN : 9780228004332

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The Children's Senator by Virginia Caputo Pdf

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.

Family Rights and Religion

Author : John Eekelaar
Publisher : Routledge
Page : 582 pages
File Size : 54,9 Mb
Release : 2020-09-10
Category : Law
ISBN : 9781000152111

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Family Rights and Religion by John Eekelaar Pdf

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.

The Sociology of Childhood

Author : William A. Corsaro
Publisher : SAGE Publications
Page : 362 pages
File Size : 51,6 Mb
Release : 2017-06-10
Category : Social Science
ISBN : 9781506386201

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The Sociology of Childhood by William A. Corsaro Pdf

The author is a proud sponsor of the 2020 SAGE Keith Roberts Teaching Innovations Award—enabling graduate students and early career faculty to attend the annual ASA pre-conference teaching and learning workshop. William A. Corsaro’s groundbreaking text, The Sociology of Childhood, discusses children and childhood from a sociological perspective. Corsaro provides in-depth coverage of the social theories of childhood, the peer cultures and social issues of children and youth, children and childhood within the frameworks of culture and history, and social problems and the future of childhood. The Fifth Edition has been thoroughly updated to incorporate the latest research and the most pertinent information so readers can engage in powerful discussions on a wide array of topics.

Rewriting Children’s Rights Judgments

Author : Helen Stalford,Kathryn Hollingsworth,Stephen Gilmore
Publisher : Bloomsbury Publishing
Page : 717 pages
File Size : 42,9 Mb
Release : 2017-11-02
Category : Law
ISBN : 9781782259268

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Rewriting Children’s Rights Judgments by Helen Stalford,Kathryn Hollingsworth,Stephen Gilmore Pdf

This important edited collection is the culmination of research undertaken by the Children's Rights Judgments Project. This initiative involved academic experts revisiting existing case law, drawn from a range of legal sub-disciplines and jurisdictions, and redrafting the judgment from a children's rights perspective. The rewritten judgments shed light on the conceptual and practical challenges of securing children's rights within judicial decision-making and explore how developments in theory and practice can inform and (re-)invigorate the legal protection of children's rights. Collectively, the judgments point to five key factors that support a children's rights-based approach to judgment writing. These include: using children's rights law and principles; drawing on academic insights and evidence; endorsing child friendly procedures; adopting a children's rights focused narrative; and using child-friendly language. Each judgment is accompanied by a commentary explaining the historical and legal context of the original case and the rationale underpinning the revised judgment including the particular children's rights perspective adopted; the extent to which it addresses the children's rights deficiencies evident in the original judgment; and the potential impact the alternative version might have had on law, policy or practice. Presented thematically, with contributions from leading scholars in the field, this innovative collection offers a truly new and unique perspective on children's rights.

British Conservatism and the Legal Regulation of Intimate Relationships

Author : Andrew Gilbert
Publisher : Bloomsbury Publishing
Page : 256 pages
File Size : 47,8 Mb
Release : 2018-08-23
Category : Law
ISBN : 9781509915897

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British Conservatism and the Legal Regulation of Intimate Relationships by Andrew Gilbert Pdf

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.

Law's Ethical, Global and Theoretical Contexts

Author : Upendra Baxi,Christopher McCrudden,Abdul Paliwala
Publisher : Cambridge University Press
Page : 425 pages
File Size : 49,5 Mb
Release : 2015-10-22
Category : Law
ISBN : 9781107116405

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Law's Ethical, Global and Theoretical Contexts by Upendra Baxi,Christopher McCrudden,Abdul Paliwala Pdf

Examines contemporary perspectives on law through Twining's scholarly work and with a focus on ethical, global and theoretical contexts.