The approximately two million gay and lesbian elders in the United States are an underserved and understudied population. At a time when gay men and lesbians enjoy an unprecedented degree of social acceptance and legal protection, many elders face the daily challenges of aging isolated from family, detached from the larger gay and lesbian community, and ignored by mainstream aging initiatives. Drawing on materials from law, history, and social theory, this book integrates practical proposals for reform with larger issues of sexuality and identity. Beginning with a summary of existing demographic data and offering a historical overview of pre-Stonewall views of homosexuality, author Nancy J. Knauer goes on to address the invisibility of this community. She examines the multiple double binds central to their identity formation, including ageism among gays and lesbians and homophobia among seniors. Further, the book focuses on specific legal concerns such as estate planning, housing, discrimination, and financial insecurity, and how they impact this community uniquely. Integrating theory with practical questions of policy, and advancing a new understanding of the construction of sexuality and identity, this book advocates meaningful new reforms designed to ensure equity and dignity in aging regardless of sexual orientation.

This volume exposes some of the various issues raised in relation to Muslim communities in Europe by putting the intellectual and legal traditions into dialogue. It brings together a number of scholars of Shari'a and Islamic law with counterparts from the parallel European disciplines of hermeneutics, philosophy and jurisprudence, to explore how the processes of theological-legal thinking have been expressed and are being expressed in a more or less common intellectual framework. It provides a valuable reference for all those interested in exploring how Muslims and non-Muslims view Shari'a law, looking at ways the European legal systems can provide some form of accommodation with Muslim customs.

In the midst of exclamatory headlines, such as "Son Sues to Divorce His Mother," "Surrogate Mother Refuses to Turn Over Baby" and "Facebook Divorces on the Rise," Statsky's FAMILY LAW, 7E helps you find an accurate picture of the state of family law today and your role, as a paralegal, within it. You examine issues truly impacting family law, such as no-fault divorce, the women's movement, and the impact of science and technology on concepts of parentage. Engaging changes, such as new mechanisms for pursuing parents not paying child support and the court's support of unmarried fathers seeking to undo their children's adoptions, keep you reading as you learn. In addition to presenting fundamental principles of family law and current nationwide legal practices, this edition provides state-specific assignments for applying family law in your local area. Legal analysis exercises, real forms, documents and cases further prepare you to work with the actual tools and processes family law professionals use today.

With 1994 designated the United Nations Year of the Family, young children and their relationship with parents and carers is firmly back on the political agenda. Amongst recent legislation to meet this agenda in Britain is the Children Act 1989. The Act seeks to improve the position and perception of children in society, by stressing the rights of children and the responsibilities that parents and the caring professions have towards them. Working Together For Young Children addresses the central issues facing young children and their families in the light of this new social and political climate. The contributors - experienced in the fields of health, education, social and voluntary services - provide information, research evidence and ideas about practice in the light of recent legislative reform. Emphasising the need for continuity, comprehensiveness and collaboration at all levels of care provision, different chapters explore the services directed at children `in need' as well as children in general.

A trend found in many Islamic societies in recent years has been the increasing regulation of family life by Islamic law and a corresponding move away from customary law and informal conflict resolution procedures. The situation in Malaysia, particularly in urban Malay society, is no exception here. Several studies already exist of the nature and extent of Malaysia's Islamic judicial system but the general tendency has been to ignore the actual operation of the syariah courts and related institutions. This study addresses this need with an in-depth analysis of the key area of intra-family conflict and demonstrates that, although formally the counsellor, kadi and judge have defined roles for conflict resolution, in practice much flexibility is evident in the use of consultation, conciliation, mediation, arbitration and adjudication techniques. This study will be of special interest to legal anthropologists and those scholars interested in the increasing application of Islamic law in many different countries.

Did she choose that?' Or, more normatively, 'Why would she choose that?' This book critiques and offers an alternative to these questions, which have traditionally framed law and policy discussions circulating around controversial genderized practices. It examines the simplicity and incompleteness of choice-based rhetoric and of presumptions that women's conduct is shaped, in an absolute way, either by choice or by coercion. This book develops an analytical framework that aims to discern the meaning and value that women may ascribe to morally ambiguous practices. An analysis of law's approach to polygamy, surrogacy and sex work, particularly in Canada, the United Kingdom and Australia, provides a basis for evaluating the choice-coercion binary and for contemplating alternate modes for assessing, from a law and policy standpoint, the palatability of social practices that appear pernicious to women. Weaving together interdisciplinary research, an innovative analytical framework for assessing choices ostensibly harmful to women, and a critique of the legal rules governing such choices, this book bears relevance for students, scholars, practicing jurists and policymakers seeking a richer understanding of conduct that moves women to the margins of law and society.

Following on from her previous nine books on discrimination law, Anne-Marie Mooney Cotter now focuses on the goal of child equality. Examining issues of child labour and the relevant laws which are designed to protect the most vulnerable in our society, the book explores the primary role of legislation and the judicial system and its impact on the fight for child rights and the ultimate goal of the end of inequality. The book considers the major common law countries of Australia and New Zealand, Africa and South Africa, Canada, Mexico and the United States, and the United Kingdom and Ireland, as well as the North American Free Trade Agreement and the European Union Treaty in a historical and compelling analysis of discrimination worldwide. By providing a detailed examination of child rights and the law, it will be an important read for those concerned with equality and empowering those most vulnerable to discrimination, the children.

This comparative study investigates the place of Hindu divorce in the Indian legal system and considers whether it offers a way out of a matrimonial crisis situation for women. Using the narratives of the social actors involved, it poses questions about the relationship between traditional jurisdictions located in rural areas and the larger legal culture of towns and cities in India, and also in the UK and USA. The multidisciplinary approach draws on research from the social sciences, feminist and legal studies and will be of interest to students and scholars of law, anthropology and sociology.

Care is central to life, and yet is all too often undervalued, taken for granted, and hidden from view. This collection of fourteen substantive and highly innovative essays, along with its insightful introduction, seeks to explore the different dimensions of care that shape social, legal and political contexts. It addresses these dimensions in four key ways. First, the contributions expand contemporary theoretical understandings of the value of care, by reflecting upon established conceptual approaches (such as the 'ethics of care') and developing new ways of using and understanding this concept. Second, the chapters draw on a wide range of methods, from doctrinal scholarship through ethnographic, empirical and biographical research methodologies. Third, the book enlarges the usual subjects of care research, by expanding its analysis beyond the more typical focus on familial interconnection to include professional care contexts, care by strangers and care for and about animals. Finally, the collection draws on contributions from academics working in Europe and Australia, across law, anthropology, gender studies, politics, psychology and sociology. By highlighting the points of connection and tension between these diverse international and disciplinary perspectives, this book outlines a new and nuanced approach to care, exploring contemporary understandings of care across law, the social sciences and humanities.

The European Convention on Human Rights is the most successful system for the enforcement of human rights in the world. However, to date its full potential for protecting children's rights has not been explored as attention has focused on the UN Convention on the Rights of the Child. This unique book provides the first analysis of the extensive case law of the Commission and the Court of Human Rights on all issues concerning children and their rights. This study is important as a study of the regional protection of children's rights and, moreover, the case law itself can be directly applied in the legal system of nearly every European country, including the UK. The book includes chapters on the rights of the child under the European Convention on Human Rights in relation to education, protection from abuse, the right to identity, child care, juvenile justice, health care and immigration and the family. It also explores the potential of the Strasbourg mechanism for the protection of children's rights and thus provides a practical and vital guide to the study and use of the European Convention in the broad area of children's rights.

This collection provides a guide to the legal requirements surrounding children's rights. The book discusses the practicalities and problems of listening to the child in educational, social and health settings.

First Published in 1996. This book presents the importance of listening to pupils in classrooms and schools with attention given to historical background and the voice of the child with special educational needs. The title covers pastoral care and personal development as well as assessing how children with emotional and behavioural difficulties view professionals. Aimed at teachers, scholars and parents, the book sets the scene for the voice of a child and provides insight into how practices can further develop.

This volume identifies and elaborates on the significance and functions of the various actors involved in the development of family law in the Middle East. Besides the importance of family law regulations for each individual, family law has become the battleground of political and social contestation. Divided into four parts, the collection presents a general overview and analysis of the development of family law in the region and provides insights into the broader context of family law reform, before offering examples of legal development realised by codification drawn from a selection of Gulf states, Iran, and Egypt. It then goes on to present a thorough analysis of the role of the judiciary in the process of lawmaking, before discussing ways the parties themselves may have shaped and do shape the law. Including contributions from leading authors of Middle Eastern law, this timely volume brings together many isolated aspects of legal development and offers a comprehensive picture on this topical subject. It will be of interest to scholars and academics of family law and religion.

"Who's Fit to be a Parent?" conducts a thorough and wide-ranging investigation into how society currently judges parents by looking at the professions who assess parenting skills and examining the charges that are made against certain "unfit" groups who are, nonetheless, becoming more widespread as parents (for example, those who are single, gay, disabled, or drug-addicted). Bringing together professional and academic research which challenges traditional views of how to assess parenting with the personal experiences of a wide range of "non-conventional" families, Mukti Jain Campion also examines the role of the media in guiding public opinion and opening up the boundaries of what is considered "normal." The book concludes with a challenging proposal for a new framework by which to understand and assess parenting in the twenty-first century.

Contents:
1. Introduction: On Law and Masculinity 2. Theorising Masculinity and the Family 3. Law, Sex and Masculinity 4. `Love without Fear': Representations of Male Heterosexuality in Law 5. The `Good Father' in Law: Authority, Work and the Recnstruction of Fatherhood 6. `Family Men' and `Dangerous' Masculinities 7. Changing Masculinities, Changing Law: Concluding Remarks

Although the number of elderly people in Britain is increasing steadily, the law in relation to their particular needs is a relatively neglected field. The Law and Elderly People was the first text to provide easily accessible information for those involved in advice-giving and service provision in this rapidly developing field. This second edition has been fully revised and completely updated to reflect the major legal and social changes which have recently occurred. Concerned for the independence and autonomy of both young elderly and the old elderly, the book covers employment and income, accomodation and housing, community and residential care, health provision and delivery and family relationships, thus providing an important guide to the most important legal issues.
The Law and Elderly People will be of practical help to all those concerned with the welfare of the elderly and to undergraduates and lecturers in social work, law and gerontology.

Although the number of elderly people in Britain is increasing steadily, the law in relation to their particular needs is a relatively neglected field. The Law and Elderly People was the first text to provide easily accessible information for those involved in advice-giving and service provision in this rapidly developing field. This second edition has been fully revised and completely updated to reflect the major legal and social changes which have recently occurred. Concerned for the independence and autonomy of both young elderly and the old elderly, the book covers employment and income, accomodation and housing, community and residential care, health provision and delivery and family relationships, thus providing an important guide to the most important legal issues.
The Law and Elderly People will be of practical help to all those concerned with the welfare of the elderly and to undergraduates and lecturers in social work, law and gerontology.

In recent years the notion of parenting and parenthood have increasingly come under examination from the media and professionals and, in particular, government and politicians. More and more, parents are being held to account by society for their failure to deliver the sort of citizens it wants. But what are parents supposed to be doing? Are there some people that are inherently unfit to be parents and does there exist a body of knowledge that defines fit parenting?
Who's fit to be a parent? covers this highly topical and important subject in a stimulating and accessible way that cuts across numerous professional disciplines and opens up the boundaries between professional and personal expertise on parenting.
It is essential reading for any professional or student of social work and social policy, those working in the voluntary services concerned with the family, social policy makers and for anyone interested in understanding what it means to be a parent today.

"Masculinity, Law and Family" examines the construction of masculinity in a variety of areas of law pertaining to the family. Throughout, Richard Collier integrates recent theoretical developments in legal studies with a social theory of gender, the family and the social construction of masculinity.
After an overview of theoretical positions and a critique of traditional legal theory, Richard Collier focuses on the legal regulation of homosexuality and transsexualism to show how confined is the view of masculine sexuality in legal discourse. These arguments are further elaborated in a discussion of non-consummation, adultery and divorce, as well as fatherhood and paternity.
"Masculinity, Law and Family" is of central importance to our understanding of the social and political dimension of masculinity. It will be invaluable to those interested in sociology, gender studies and the law.

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.

The last few decades have witnessed dramatic changes affecting the institutions of family and parenthood. If, in the past, the classic family was defined sociologically as a pair of heterosexual parents living together under one roof along with their children, different sociological changes have led to a rapid and extreme transformation in the definitions of family, marital relations, parenthood, and the relationship between parents and children. Dr Yehezkel Margalit explores whether and to what extent there is room, legally and ethically, for the use of modern contractual devices and doctrines to privately regulate the establishment of legal parentage. This book offers intentional parenthood as the most appropriate and flexible normative doctrine for resolving the dilemmas which have surfaced in the field of determining legal parentage. By using the certainty of contract law, determining the legal status of parenthood will be seen as the best method to sort out ambiguities and assure both parental and children rights.

Are pregnant women entitled to the same rights of self-determination and bodily integrity as other adults? This is the fundamental question underlying recent high-profile legal interventions in situations when pregnant women and healthcare staff do not agree on management options or appropriate behaviour. Courts on both sides of the Atlantic have sometimes answered that they are not, and the law has at times been manipulated to enforce compliance with medical recommendations. This is the first book of its kind to offer a comprehensive assessment of healthcare law as applied to the unique situation of pregnancy. Drawing on case material from both the UK and the USA, it describes the trend towards 'policing pregnancy' and explores the emergence of the concept of 'maternal-foetal conflict' - and why, in the author's view, this would be more appropriately labelled 'obstetric conflict'. Suggestions are made for alternative approaches that better safeguard the overall well-being of pregnant women and their future children.

The articles in this volume shed light on some of the major tensions in the field of children's rights (such as the ways in which children's best interests and respect for their autonomy can be reconciled), challenges (such as how the CRC can be made a reality in the lives of children in the face of ignorance, apathy or outright opposition) and critiques (whether children's rights are a Western imposition or a successful global consensus). Along the way, the writing covers a myriad of issues, encompassing the opposition to the CRC in the US; gay parenting: Dr Seuss's take on children's autonomy; the voice of neonates on their health care; the role of NGO in supporting child labourers in India, and young people in detention and more.

Over the past 20 years, the growing shortage of adoptable infants in Britain and the United States has resulted in a number of couples acquiring their family from abroad, yet the effort needed to acquire such a child from another country is enormous. So what exactly are the costs, hazards and emotional difficulties involved, and why do some couples feel that this is their only chance of becoming adoptive parents? "Inter-Country Adoption" charts the experiences of eight couples who between them have adopted eleven children from South America, India and Sri Lanka who ranged in age from four months to seven years. The main emphasis of these first-hand accounts is on the events leading up to the decision to adopt from abroad and on the obstacle course which followed and which involved dealing with the authorities in Britain and in the child's country of origin. The final two chapters are by an academic social worker and a parliamentary campaigner who examine the legal and ethical considerations of inter-country adoption.