The eighteen essays in this volume cover a wide range of material and revaluate women's studies and Middle Eastern studies, Muslim women and the Shari's courts, the Ottoman household, Dhimmi communities, children and family law, morality, and violence.

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What is a family? What makes someone a parent? What rights should children have? Family Law: A Very Short Introduction gives the reader an insight not only into what the law is, but why it is the way it is. It examines how laws have had to respond to social changes in family life, from rapidly rising divorce rates to surrogate mothers, and gives insight into family courts which are required to deal with the chaos of family life and often struggle to keep up-to-date with the social and scientific changes which affect it. It also looks to the future: what will families look like in the years ahead? What new dilemmas will the courts face? ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

In this radical critique, Professor O'Donovan challenges conventional textbooks which assume that marriage is the essential feature of family life and that the patriarchal unit remains dominant. She shows how the key players in family law discourse - women and children - are largely excluded and argues that it is the birth of children, rather than marriage, which is the constitutive element of the family.

This book, a conference volume compiled by scholars and federal offices, examines family violence and the quality of research contributed to the field thus far.

"Child support in America is a national disgrace. There is no more widespread and profoundly consequential example of lawlessness in our society today than fathers' refusal to care for their children after divorce."-Joseph I. Lieberman More than half the men in America who have been told by a judge to pay child support disobey the order, forcing millions of mothers and children to live in poverty. In this much-needed book, Joseph I. Lieberman, attorney general of Connecticut and one of the country's leading experts on the child-support problem, explains the laws and offers practical guidance on how women can avoid becoming victims of nonsupport. The first step is to arrive at an agreement that has a chance of being followed. The book therefore describes in detail the factors that should be considered in negotiating a fair settlement-for example, how to determine the child's needs at present and in the future; how to determine the father's ability to pay and the mother's to contribute; and how to protect the child's financial rights in the event of the death of the father or his remarriage or relocation. Later chapters provide advice on applying for a needed increase in the amount of child support-and on countering the father's efforts to reduce his obligations. Throughout the book, Lieberman focuses on workable solutions. For the individual mother, this may mean taking various steps to see that an existing law is enforced by the courts. From a broader perspective, Lieberman argues for forceful new state laws that will automatically subtract child support from a father's income-whether it be wages, bonuses, unemployment compensation, or retirement benefits. Child Support in America includes a directory of the state agencies charged with enforcing the law and of the national organizations that are working to reform legislation. The book will be an invaluable reference for lawyers, social workers, and others who advise custodial parents as well as for men and women embroiled in child support disputes. "Child Support in America Is the most comprehensive and easily understood guide for women in big trouble currently available. Many children could be saved if both fathers and mothers would just read Lieberman's book before they go to court in divorce matters. He walks the layman through the law's thorny thicket better and more cheaply than the expensive divorce lawyers most people usually hire."-Justice Richard Neely, Supreme Court of Appeals, West Virginia "A passionate book about the dismal state of child support enforcement laws."-Jay Katz, Yale Law School

A study that challenges our notions about citizenship and judgment by considering the place of children in historical and contemporary legal discourse. Many of the most controversial political issues of our time focus on the actions and well-being of children such as Greta Thunberg's climate movement; youth activists standing up for racial justice, safe schools, and an equitable economy; and the furor over separating migrant children from their families. When do we treat children as competent citizens, when do we treat them as dependents in need of protection, and why? The Child before the Court: Judgment, Citizenship, and the Constitution provides answers to these foundational questions. It analyzes landmark US Supreme Court cases involving children's free speech and due process rights and argues that our ideas about civic and legal judgment are deeply contested concepts instead of simple character traits. These cases serve as analytic touchstones for these problems, and the Court's opinions seemingly articulate clear rules through a pragmatic balancing of interests. Timothy Barouch shows how these cases continually reshape constitutional thought, breaking from a vocabulary of wardship and recasting the child as a liberal individual. He analyzes these legal opinions as judicial novelizations and focuses on their rhetorical markers: the range of tropes, idioms, figures, and arguments that emerge across nearly two centuries of jurisprudence in this important but oft-neglected area. The careful and subtle readings of these cases demonstrate how judicial representations of the child provide key resources for thinking about the child as citizen and, more broadly, citizenship itself. It serves as a bold call to think through the relationship between the liberal individual and the problem of civic judgment as it manifests in public culture in a wide array of contexts at a time when liberal democracy is under siege.

"I worked in a trailer that ICE had set aside for conversations between the women and the attorneys. While we talked, their children, most of whom seemed to be between three and eight years old, played with a few toys on the floor. It was hard for me to get my head around the idea of a jail full of toddlers, but there they were." For decades, advocates for refugee children and families have fought to end the U.S. government's practice of jailing children and families for months, or even years, until overburdened immigration courts could rule on their claims for asylum. Baby Jails is the history of that legal and political struggle. Philip G. Schrag, the director of Georgetown University's asylum law clinic, takes readers through thirty years of conflict over which refugee advocates resisted the detention of migrant children. The saga began during the Reagan administration when 15-year-old Jenny Lisette Flores languished in a Los Angeles motel that the government had turned into a makeshift jail by draining the swimming pool, barring the windows, and surrounding the building with barbed wire. What became known as the Flores Settlement Agreement was still at issue years later, when the Trump administration resorted to the forced separation of families after the courts would not allow long-term jailing of the children. Schrag provides recommendations for the reform of a system that has brought anguish and trauma to thousands of parents and children. Provocative and timely, Baby Jails exposes the ongoing struggle between the U.S. government and immigrant advocates over the duration and conditions of confinement of children who seek safety in America.

Fur die 23. Auflage wurde das Lehrbuch umfassend aktualisiert. Dabei waren neue Gesetze mit erbrechtlichen Auswirkungen zu berucksichtigen, insbesondere das Gesetz zur Reform des Vormundschafts- und Betreuungsrechts und das Gesetz zur Modernisierung des Personengesellschaftsrechts. Zahlreiche, seit dem Erscheinen der Vorauflage ergangene Entscheidungen des BGH und der Oberlandesgerichte leisteten wichtige Beitrage zur Weiterentwicklung des Erbrechts. Unverandert bleibt das Ziel des Buches, die Studierenden mit den Grundlinien des Erbrechts vertraut zu machen, zugleich aber auch die Beurteilung konkreter erbrechtlicher Fragen anhand des neuesten Standes dieses praktisch uberaus wichtigen Rechtsgebiets zu ermoeglichen.

Growing awareness of children's involvement in crime, whether as victims, witnesses or perpetrators, has given rise to new research into how to treat children in legal settings. This volume brings together thirteen of the most significant recent papers, offering an overview of current knowledge.

The readings illustrate important issues in five key areas: child victimisation, the reliability of children's accounts, truth and lies, children and the legal system, and children as perpetrators. Taken together, they encourage a multi-faceted approach, combining knowledge from biological, social, cognitive and developmental psychology in an interdisciplinary context.

Each paper is introduced and contextualised by the editor, and suggestions for additional reading enable further study.

Children often fare the worst when communities face social and environmental changes. The quality of food, water, affection and education that children receive can have major impacts on their subsequent lives and their potential to become engaged and productive citizens. At the same time, children often lack both a private and public voice, and are powerless against government and private decision-making. In taking a child rights-based approach to sustainable development, this volume defines and identifies children as the subjects of development, and explores how their rights can be respected, protected and promoted while also ensuring the economic, social and environmental sustainability of our planet.

A Guide to America's Sex Laws is the first concise compendium of the nation's sex laws. It summarizes the laws regulating personal sexual activity, revealing gaps, anachronisms, anomalies, inequalities, and irrationalities, and providing an empirical basis for studies of sexual regulation. Judge Richard A. Posner and Katharine B. Silbaugh cover broadly defined areas of regulation, providing background and definitions and placing the laws in their historical and constitutional context. From Alabama to Wyoming, this informative and fascinating reference book will be an essential resource. It takes only a few minutes with A Guide to [America's] Sex to realize that the nation's laws governing what two consenting adults can do with one another are an odd jumble.--Eric Fidler, San Diego Commerce Especially noteworthy is how laws governing various sexual activities vary from state to state.--Library Journal Fascinating and often surprising facts are concisely documented and conveniently organized in A Guide.--Carlin Meyer, New York Law Journal

Within the last century, the idea that children need safeguards and protections separate from those of adults greatly impacted both domestic and international law. Although the children's rights movement has roots as early as the eighteenth century, it wasn't until the twentieth century that children were viewed as more than a labour hand or an economic value. What began as an effort to protect children from long hours of labour and its corresponding health defects, turned into an organised and influential movement. The children's rights movement promotes legal protections and safeguards for children, distinct from those of adults. After each world war, international legal instruments increasingly included protection for children across the globe. The League of Nations Declaration of 1924, and the successive United Nations' Declaration of the Rights of the Child in 1959, declared that children need safeguards and protections separate from those of adults and that these protections should begin even before birth. This book provides a superior and comprehensive analysis of significant children's rights laws. Each domestic and international practice is summarised; relevant clauses and language are defined and highlighted; and the effects of each are described. This book examines sixteen nations, across five continents: Argentina, Australia, Brazil, Canada, China, France, Germany, Greece, Iran, Israel, Japan, Lebanon, Mexico, Nicaragua, Russia, and the United Kingdom (England and Wales). For each nation, the study focuses on the domestic laws and policies that affect child health and social welfare, education and special needs, child labour and exploitation, sale and trafficking of children, and juvenile justice. This book also lists which pertinent international treaties the nation has ratified and implemented. This book will enable researchers, legislators, and academics to compare and contrast how children are treated among the different continents and which policies and laws have had the most profound impact on the younger generations. There has been much progress in the children's rights movement, but more nations must act to protect those who most need it. Children are a nation's future and the best gift we can give to the world is to ensure a safe, healthy, educated, and able future generation.

The Child Support Enforcement (CSE) program was signed into law in 1975 as a federal-state program to enhance the well-being of families by making child support a reliable source of income. The CSE program is based on the premise that both parents are financially responsible for their children. The CSE program is operated in all 50 states, the District of Columbia, Guam, Puerto Rico, and the U.S. Virgin Islands, and by several Indian tribes or tribal organisations. State CSE programs have at their disposal a wide variety of methods by which to obtain child support obligations. In addition, states under their own authority and the authority of their courts can use the threat of incarceration and/or actual incarceration. This book provides an overview on federal policies relating to medical care and incarceration as an enforcement tool in child support cases. Included in this book also are frequently asked questions relating to child custody and support issues.

Child protection made simple: the plain-speaking guide for all those concerned with the protection of children. Providing a clear and uncomplicated route through the child protection process. Diagrams and charts are included to aid understanding; jargon and acronyms are only included in order to explain them and key court decisions are explained in their proper context. In addition to coverage of local authority safeguarding duties and investigations, parental responsibility, wardship and the inherent jurisdiction and secure accommodation, new content in this edition includes: A chapter on special guardianship, helpful for those who find themselves involved in legal proceedings without access to legal aid, such as grandparents Developments in cases involving: Radicalisation Adoption Children or parents who are nationals of a foreign country The introduction of the Child Arrangements Programme for private law

The modern emergence of mediation in the West in the 1980s represents a profound transformation of civil disputing practice, particularly in the field of family justice. In the field of family disputes mediation has emerged to fill a gap which none of the existing services, lawyers and courts on the one hand, or welfare, advisory or therapeutic interventions on the other, could in their nature have filled. In the UK mediation is now the approved pathway in the current landscape of family dispute resolution processes, officially endorsed and publicly funded by government to provide separating and divorcing families with the opportunity to resolve their disputes co-operatively with less acrimony, delay and cost than the traditional competitive litigation and court process. The consolidation of the professional practice of family mediation reflects its progress and creativity in respect both of the expanding focus on professional quality assurance as well as on developments of policy, practice guidelines and training to address central concerns about the role of children in mediation, screening for domestic abuse, sexual orientation and gender identity as well as cross-cultural issues including the role of interpreters in the process. Other areas of innovation include the application of family mediation to a growing range of family conflict situations involving, for example, international family disputes (including cross border, relocation and child abduction issues). Written by leaders in family mediation, this title provides a contemporary account of current practice developments and research concerning family mediation across a range of issues in the UK and Ireland.

The Trouble with Marriage is part of a new global feminist jurisprudence around marriage and violence that looks to law as strategy rather than solution. In this ethnography of lawyer-free family courts and mediations of rape and domestic violence charges in India, Srimati Basu depicts everyday life in legal sites of marital trouble, reevaluating feminist theories of law, marriage, violence, property, and the state. Basu argues that alternative dispute resolution, originally designed to empower women in a less adversarial legal environment, has created new subjectivities, but, paradoxically, has also reinforced oppressive socioeconomic norms that leave women no better off, individually or collectively.

A look at gun control, campus sexual assault, immigration, and more that considers the future of responses to domestic violence Domestic violence is commonly assumed to be a bipartisan, nonpolitical issue, with politicians of all stripes claiming to work to end family violence. Nevertheless, the Violence Against Women Act expired for over 500 days between 2012 and 2013 due to differences between the U.S. Senate and House, demonstrating that legal protections for domestic abuse survivors are both highly political and highly vulnerable. Racial and gender politics, the move toward criminalization, reproductive justice concerns, gun control debates, and political interests are increasingly shaping responses to domestic violence, demonstrating the need for greater consideration of the interplay of politics, domestic violence, and how the law works in people's lives. The Politicization of Safety provides a critical historical perspective on domestic violence responses in the United States. It grapples with the ways in which child welfare systems and civil and criminal justice responses intersect, and considers the different, overlapping ways in which survivors of domestic abuse are forced to cope with institutionalized discrimination based on race, gender, sexual orientation, and immigration status. The book also examines movement politics and the feminist movement with respect to domestic violence policies. The tensions discussed in this book, similar to those involved in the #metoo movement, include questions of accountability, reckoning, redemption, healing, and forgiveness. What is the future of feminism and the movements against gender-based violence and domestic violence? Readers are invited to question assumptions about how society and the legal system respond to intimate partner violence and to challenge the domestic violence field to move beyond old paradigms and contend with larger justice issues.

Today there are no common international rules as to which state's law shall be applied when a married couple have connections with more than one state e.g. British citizens living in France. Each state has its own so called private international law rules (PIL), leading to conflicts of laws. There are no common rules as to which court has jurisdiction and Court decisions are normally not recognized in other states. Since, today millions of people live in a state other than their state of citizenship or have assets in states other than where they are living, the EU has seen the urgent need for an EU-Regulation on matrimonial property and a parallel Regulation for registered partners. The Regulation does not provide any common material matrimonial law in the EU, but common PIL that sets out which state's matrimonial law shall be applied, which state's court shall have jurisdiction and that court decisions in one state shall be recognized and enforceable in other EU states. This volume is an article-by-article commentary on the Regulations which have been adopted by the EU Council on June 24th 2016 and will come into force on January 29th 2019.

This work deals clearly with one of the most topical and complex areas of family law. When a marriage breaks down it is the pension fund that is often one of the most important assets in dispute.

The removal of Aboriginal and Torres Strait Islander children from their families gained national attention in Australia following the Bringing Them Home Report in 1997. However, the voices of Indigenous parents were largely missing from the Report. The Inquiry attributed their lack of testimony to the impact of trauma and the silencing impact of parents' overwhelming sense of guilt and despair; a submission by Link-Up NSW commented on Aboriginal mothers being "unwilling and unable to speak about the immense pain, grief and anguish that losing their children had caused them." This book explores what happened to Aboriginal mothers who had children removed and why they have overwhelmingly remained silent about their experiences. Identifying the structural barriers to Aboriginal mothering in the Stolen Generations era, the author examines how contemporary laws, policies and practices increased the likelihood of Aboriginal child removal and argues that negative perceptions of Aboriginal mothering underpinned removal processes, with tragic consequences. This book makes an important contribution to understanding the history of the Stolen Generations and highlights the importance of designing inclusive truth-telling processes that enable a diversity of perspectives to be shared.

Lost Childhoods focuses on the life-course histories of thirty young men serving time in the Pennsylvania adult prison system for crimes they committed when they were minors. The narratives of these young men, their friends, and relatives reveal the invisible yet deep-seated connection between the childhood traumas they suffered and the violent criminal behavior they committed during adolescence. By living through domestic violence, poverty, the crack epidemic, and other circumstances, these men were forced to grow up fast all while familial ties that should have sustained them were broken at each turn. The book goes on to connect large-scale social policy decisions and their effects on family dynamics and demonstrates the limits of punitive justice.