Groups seeking legal equality often take a victory as the end of the line. Once judgment is granted or a law is passed, coalitions disband and life goes on in a new state of equality. Policy makers too may assume that a troublesome file is now closed. This collection arises from the urgent sense that law reforms driven by equality call for fresh lines of inquiry. In unintended ways, reforms may harm their intended beneficiaries. They may also worsen the disadvantage of other groups. Committed to tackling these important issues beyond the boundaries that often confine legal scholarship, this book pursues an interdisciplinary consideration of efforts to advance equality, as it explores the developments, challenges, and consequences that arise from law reforms aiming to deliver equality in the areas of sexuality, kinship, and family relations. With an international array of contributors, After Legal Equality: Family, Sex, Kinship will be an invaluable resource for those with interests in this area.

This collection discusses how official legal systems do and should respond to the reality of a plurality of family types and origins within their jurisdictions. It further examines the challenges that arise for practitioners, including lawyers and judges, when faced with such plurality. Focussing on empirical research, the volume presents legal and sociological data of unprecedented comparative depth. It also includes a discussion of how members of minority families respond to the need to organise their legal relationships, and to resolve their disputes in the shadow of official legal systems which differ from those of their familial and communal traditions. The work invites reflection, and demonstrates the urgency and complexity of the questions regarding the search for justice in the field of family life in Europe today.

This book focuses on Islamic family law as interpreted and applied by judges in Europe, Australia and North America. It uses court transcriptions and observations to discuss how the most contentious marriage-related issues - consent and age of spouses, dower, polygamy, and divorce - are adjudicated. The solutions proposed by different legal systems are reviewed , and some broader questions are addressed: how Islamic principles are harmonized with norms based on gender equality, how parties bargain strategically in and out of court, and how Muslim diasporas align their Islamic worldview with a Western normative narrative.

The International Society of Family Law is an independent, international, and non-political scholarly association dedicated to the study, research and discussion of family law and related disciplines. The Society's membership currently includes professors, lecturers, scholars, teachers, and researchers from more than 50 different countries, offering a unique opportunity for networking within a truly international family law community. The International Survey of Family Law is the annual review of the International Society of Family Law. It brings together reliable and clearly structured insights into the latest and most notable developments in family law from all around the globe. Chapters are prepared by an international team of selected experts in the field, usually covering 20 or more jurisdictions in each edition. Despite the COVID-19 pandemic, the 2021 edition of the Survey traces developments from around the world, brought about through international, national and local bodies. The chapters analyse civil and common law systems, as well as decisions of the United Nations and the European Union courts. Some chapters focus on the beginnings of families, including marriage, adoption and assisted reproduction, while others deal with their dissolution or the effects (and after effects) of aging. Once again, our authors include emerging scholars as well as highly regarded academics, judges and practitioners.

First published in 1984, this book made an important and timely contribution to the development of the idea that the law is a major source of women's oppression. Based on research of the theory and practice of family law, it examines the way in which private law operates to sustain, reproduce and reinforce the dependence of women in the most private of spheres, namely marriage. The author focuses on the point of break down or divorce, where the economic vulnerability of women caused by marriage and the sexual division of labour is most clearly expressed. She points to the way in which the law, while mitigating the worst excesses of men's power over women in marriage, has consistently failed to tackle the economic structure of marriage and women's fundamental material vulnerability inside the family. She confronts various myths on divorce legislation in Britain and discusses alternative feminist proposals for tackling the problems caused by women's economic dependence in marriage. Although Smart writes in 1984, many of the issues she discusses retain their significance in today's society.

The European Convention on Human Rights is one of the most influential human rights documents in existence, in terms of its scope, impact, and jurisdiction. Yet it was not drafted with children, let alone children's rights, in mind. Nevertheless, the European Court of Human Rights has developed a large body of jurisprudence regarding children, ranging from areas such as juvenile justice and immigration, to education and religion, and the protection of physical integrity. Its influence in the sphere of family law has been profound, in particular in the attribution of parenthood, and in cases concerning child abduction, child protection, and adoption. This book provides a comprehensive and detailed overview of the jurisprudence of the Court as it relates to children, highlighting its many achievements in this field, while also critiquing its ongoing weaknesses. In doing so, it tracks the evolution of the Court's treatment of children's rights, from its inauspicious and paternalistic beginnings to an emerging recognition of children's individual agency.

Key Facts and Key Cases: Family Law will ensure you grasp the main concepts of your Family Law module with ease. This book explains in concise and straightforward terms: * The law relating to marriage and its breakdown * Recent developments in money cases * All recent cases relating to private and public child law Helen L. Conway is a former practising barrister, now District Judge. She is an experienced law author and has taught law in both the academic and commercial sectors. Key Facts and Key Cases is the essential series for anyone studying law at LLB, postgraduate and conversion courses and professional courses such as ILEX. The series provides the simplest and most effective way to absorb and retain all of the material essential for passing your exams. Each chapter includes: * diagrams at the start of chapters to summarise key points * structured headings and numbered points to allow for clear recall of the essential points * charts and tables to break down more complex information Chapters also contain a Key Cases section which provides the simplest and most effective way to absorb essential cases needed for exam success, using a simple and memorable visual checklist: * Essential and leading cases are explained * The style, layout and explanations are user friendly * Cases are broken down into key components by use of a clear system of symbols for quick and easy visual recognition Series editors: Jacqueline Martin LLM, has ten years' experience as a practicing barrister and has taught law at all levels and Chris Turner LLM, who is a Senior Lecturer in law at Wolverhampton University.

While in the past family life was characterised as a "haven from the harsh realities of life", it is now recognised as a site of vulnerabilities and a place where care work can go unacknowledged and be a source of social and economic hardship. This book addresses the strong relationships that exist between vulnerability and care and dependency in particular contexts, where family law and social policy have a contribution to make. A fundamental premise of this collection is that vulnerability needs to be analysed in a way that gets at the heart of the differential power relationships that exist in society, particularly in respect of access to family justice, including effective social policy and law targeted at the specific needs of families in mutually dependent caring relationships. It is therefore crucial to critically examine the various approaches taken by policy makers and law reformers in order to understand the range of ways that some families, and some family members, may be rendered more vulnerable than others. The first book of its kind to provide an intersectional approach to this subject, Vulnerabilities, Care and Family Law will be of interest to students and practitioners of social policy and family law.

While there are many books on Islamic family law, the literature on its enforcement is scarce. This book focuses on how Islamic family law is interpreted and applied by judges in a range of Muslim countries - Sunni and Shi'a, as well as Arab and non-Arab. It thereby aids the understanding of shari'a law in practice in a number of different cultural and political settings. It shows how the existence of differing views of what shari'a is, as well as the presence of a vast body of legal material which judges can refer to, make it possible for courts to interpret Islamic law in creative and innovative ways.

While masculinities theory has had much to say on relationships of subordination, few feminist legal scholars have examined the implications of masculinities theory for feminist legal theory. This volume investigates the ways in which emerging masculinities theory in law could inform feminist legal theory in particular and law in general. As many of the chapters in this collection illustrate, law is constantly in a dynamic interaction with masculinities: it has both influenced existing masculinities and has been influenced by those masculinities. The contributions focus feminist and critical theoretical attention on masculinities and consider the implications of masculinities theory for law and legal theory. The book sets out the theoretical trajectory of masculinities studies as a field and its application in law and uses insights from a masculinities approach to study socio-political construction of gender identities in specific settings. It also explores how understanding historical construction of gender identities can inform more effective public policy and activism. Written by leading experts in the area, the book poses important questions about the development of the relationship between feminisms and masculinities theory and will be essential reading for those working in law and gender and related areas.

While masculinities theory has had much to say on relationships of subordination, few feminist legal scholars have examined the implications of masculinities theory for feminist legal theory. This volume investigates the ways in which emerging masculinities theory in law could inform feminist legal theory in particular and law in general. As many of the chapters in this collection illustrate, law is constantly in a dynamic interaction with masculinities: it has both influenced existing masculinities and has been influenced by those masculinities. The contributions focus feminist and critical theoretical attention on masculinities and consider the implications of masculinities theory for law and legal theory. The book sets out the theoretical trajectory of masculinities studies as a field and its application in law and uses insights from a masculinities approach to study socio-political construction of gender identities in specific settings. It also explores how understanding historical construction of gender identities can inform more effective public policy and activism. Written by leading experts in the area, the book poses important questions about the development of the relationship between feminisms and masculinities theory and will be essential reading for those working in law and gender and related areas.

The child protective system (CPS), shaped by federal law forty years ago and run on the state and county levels in the United States, offered in utopian fashion the hope of preventing all possible child abuse or neglect. In response, legislators enacted a spate of vague laws that poorly defined such categories as "abuse" and "neglect," and granted the CPS sweeping powers to intrude into families, often on the basis of nothing more than anonymous complaints about standard childrearing practices. This arrangement, which followed from the questionable assertion of the existence of a crisis of child abuse and neglect, became the basis in theory for the universal monitoring of American families that has resulted in the sharp curtailing of parental rights and responsibilities. With overreaching by local and state governments into family affairs, the current CPS has not only damaged untold numbers of families but also undercut the legitimacy of parental authority through the continuous threat to parents of child removal. In Child Abuse, Family Rights, and the Child Protective System: A Critical Analysis from Law, Ethics, and Catholic Social Teaching, Stephen M. Krason gathers essays by leading scholars and practitioners to comment through the prism of Catholic social thought, on the plight afflicting American families and the role of the child protective system. Here readers will find critical essays on the deleterious effect of the1974 passage of the Child Abuse Prevention and Treatment Act; assessments of current American policies on child abuse and neglect and the role of the CPS within the context of prevailing international human rights principles and Catholic social teaching; a survey of the enforcement of CPS policies from a legal and constitutional perspective; research data disputing the CPS principle that all parents are potential abusers and illustrating the greater prevalence of abuse and neglect in broken, "blended," and "untraditional" families; and arguments for poverty and unemployment as the prime culprits in the mistreatment of children. Also included are the amicus curiae briefs that the Society of Catholic Social Scientists submitted in two U.S. Supreme Court cases on parental rights, the CPS, and state control over the family. Child Abuse, Family Rights, and the Child Protective System should appeal to a variety of professionals as well as scholars, from family court attorneys, social workers, family counselors, and clergy to researchers in the fields of social work, law, family studies, American politics, sociology, human services, counseling and psychology, and education, as well as public officials.

From divorce court to popular culture, alimony is a dirty word. Unpopular and rarely ordered, the awards are frequently inconsistent and unpredictable. The institution itself is often viewed as an historical relic that harkens back to a gendered past in which women lacked the economic independence to free themselves from economic support by their spouses. In short, critics of alimony claim it has no place in contemporary visions of marriage as a partnership of equals. But as Cynthia Lee Starnes argues in The Marriage Buyout, alimony is often the only practical tool for ensuring that divorce does not treat today's primary caregivers as if they were suckers. Her solution is to radically reconceptualize alimony as a marriage buyout. Starnes's buyouts draw on a partnership model of marriage that reinforces communal norms of marriage, providing a gender-neutral alternative to alimony that assumes equality in spousal contribution, responsibility, and right. Her quantification formulae support new default rules that make buyouts more certain and predictable than their current alimony counterparts. Looking beyond alimony, Starnes outlines a new vision of marriages with children, describing a co-parenting partnership between committed couples, and the conceptual basis for income sharing between divorced parents of minor children. Ultimately, under a partnership model, the focus of alimony is on gain rather than loss and equality rather than power: a spouse with disparately low earnings isn't a sucker or a victim dependent on a fixed alimony payment, but rather an equal stakeholder in marriage who is entitled at divorce to share any gains the marriage produced.

Thirty years after the adoption of the UN Convention of the Rights of the Child, this book provides diverse perspectives from countries and regions across the globe on its implementation, critique and potential for reform. The book revolves around key issues including progress in implementing the CRC worldwide; how to include children in legal proceedings; how to uphold children's various civil rights; how to best assist children at risk; and discussions surrounding children's identity rights in a changing familial order. Discussion of the CRC is both compelling and polarizing and the book portrays the enthusiasm around these topics through contrasting and comparative opinions on a range of topics. The work provides varying perspectives from many different countries and regions, offering a wealth of insight on topics that will be of significant interest to scholars and practitioners working in the areas of children's rights and justice.

What are the social and cultural features that have the most impact on the interpretation of the legal standard, "best interest of the child"? One method for answering this question is through a comparison of two societies, Sweden and the United States, both of which apply the same legal standard to similar contested custody and visitation cases. This study views love, law, and knowledge as separate discourses. Love encompasses the interpretations of the actors whose claims arise from the emotions associated with care, concern, and relationships, namely parents, the children who are the subject of a case, and other family members. Justice encompasses the interpretations and claims which are made by judges, but its discourse includes the legal process and legal policies. Knowledge is encompassed by the concerns and claims of professionals and/or experts including social science discussions of care, welfare, and psychology and the interpretations and descriptions given by the professionals and experts regarding the actors in the cases. This book hypothesizes that a comparison of two societies that focuses on the interaction between the discourses of love, justice, and knowledge, in the process of decision-making in best interests of the child disputed custody cases, reveals features of decision-making that would be unavailable to researchers studying custody disputes in only one society.

This book is a philosophically-oriented introduction to bioethics. It offers the reader an overview of key debates in bioethics relevant to various areas including; organ retrieval, stem cell research, justice in healthcare and issues in environmental ethics, including issues surrounding food and agriculture. The book also seeks to go beyond simply describing the issues in order to provide the reader with the methodological and theoretical tools for a more comprehensive understanding of current bioethical debates. The aim of the book is to present bioethics as an interdisciplinary field, to explore its close relation to other disciplines (such as law, life sciences, theology and philosophy), and to discuss the conditions under which bioethics can serve as an academically legitimate discipline that is at the same time relevant to society.

As a systematic and methodologically rigorous overview, " Bioethics: Methods, Theories and Principles "will be of particular interest to academics and students in the disciplines of Law, Medicine, Ethics and Philosophy.

'This is a book that embraces neither a single ethical theory nor a pragmatic melange of just-so-principles. It is a thoughtful and engaging analysis of diverse theoretical foundations in Bioethics. It is also an enormous step towards conceptual and philosophical clarity in this fascinating area.' - Professor Christian Illies, Chair for Practical Philosophy at the Otto-Friedrich University Bamberg, Germany

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.

'Taken into Custody' exposes the greatest and most destructive civil rights abuse in America today. Family courts and Soviet-style bureaucracies trample basic civil liberties, entering homes uninvited and taking away people's children at will, then throwing the parents into jail without any form of due process, much less a trial. No parent, no child, no family in America is safe. The legal industry does not want you to hear this story. Radical feminists, bar associations, and social work bureaucracies have colluded to suppress this information. Even "pro-family" groups and civil libertarians look the other way. Yet it is a reality for tens of millions of Americans who are our neighbors.

This book explores the series of issues that emerge at the intersection of disability, care and family law. Disability studies is an area of increasing academic interest. In addition to a subject in its own right, there has been growing concern to ensure that mainstream subjects diversify and include marginalised voices, including those of disabled people. Family law in modern times is often based on an "able-bodied autonomous norm" but can fit less well with the complexities of living with disability. In response, this book addresses a range of important and highly topical issues: whether care proceedings are used too often in cases where parents have disabilities; how the law should respond to children who care for disabled parents - and the care of older family members with disabilities. It also considers the challenges posed by the UN Convention on the Rights of Persons with Disabilities, particularly around the different institutional and state responsibilities captured in the Convention, and around decision-making for both disabled adults and children. This interdisciplinary collection - with contributors from law, criminology, sociology and social policy as well as from policy and activist backgrounds - will appeal to academic family lawyers and disability scholars as well as students interested in issues around family law, disability and care.

Winner of the 2011 SLSA-Hart Socio-Legal Book Prize Regulating Sexuality: Legal Consciousness in Lesbian and Gay Lives explores the impact that recent seismic shifts in the legal landscape have had for lesbians and gay men. The last decade has been a time of extensive change in the legal regulation of lesbian and gay lives in Britain, Canada and the US. Almost every area that the law impacts on sexuality has been reformed or modified. These legal developments combine to create a new, uncharted terrain for lesbians and gay men. And, through an analysis of their attitudes, views and experiences, this book explores the effects of these developments. Drawing on-as well as developing-the concept of 'legal consciousness', Regulating Sexuality focuses on four different 'texts': qualitative responses to a large-scale online survey of lesbians' and gay men's views about the legal recognition of same sex relationships; published auto/biographical narratives about being and becoming a lesbian or gay parent; semi-structured, in-depth, interviews with lesbians and gay men about relationship recognition, parenting, discrimination and equality; and fictional utopian texts. In this study of the interaction between law and society in social justice movements, Rosie Harding interweaves insights from the new legal pluralism with legal consciousness studies to present a rich and nuanced exploration of the contemporary regulation of sexuality.

I have no doubt that this book will become an invaluable tool for family and children's court judges and magistrates, psychiatrists, psychologists, social workers, police and the many other professionals who work in this field.' The Honourable Alastair Nicholson, former Chief Justice of the Family Court of Australia A ground-breaking, comprehensive, honest, well researched and courageous book that should be essential reading for all politicians and professionals involved in both the Family Court of Australia and state child protection systems.' Emeritus Professor Freda Briggs AO Child abuse in the context of parental separation and divorce is not a malicious allegation, nor a misunderstanding. It is a real and growing problem with very young children as the primary victims. Child Abuse and Family Law draws on pioneering research to identify the causes, features and impact of child abuse in parental separation and divorce. The authors argue that professionals working with these families need to better understand the specific and often severe nature of this abuse to improve outcomes for both the children and their families. The authors develop a much-needed practice framework for all socio-legal professionals involved in the family law system. Using case studies, they take a multi-disciplinary approach to outline strategies for family lawyers, child legal representatives, social workers, child protection workers, psychologists, psychiatrists, health workers and teachers.

Routledge Lawcards are your complete, pocket-sized guides to key examinable areas of the undergraduate law curriculum and the CPE/GDL. Their concise text, user-friendly layout and compact format make them an ideal revision aid. Helping you to identify, understand and commit to memory the salient points of each area of the law, shouldn't you make Routledge Lawcards your essential revision companions? Fully updated and revised with all the most important recent legal developments, Routledge Lawcards are packed with features: Revision checklists help you to consolidate the key issues within each topic Colour coded highlighting really makes cases and legislation stand out Full tables of cases and legislation make for easy reference Boxed case notes pick out the cases that are most likely to come up in exams Diagrams and flowcharts clarify and condense complex and important topics '...an excellent starting point for any enthusiastic reviser. The books are concise and get right down to the nitty-gritty of each topic.' - Lex Magazine Routledge Lawcards are supported by a Companion Website offering: Flashcard glossaries allowing you to test your understanding of key terms and definitions Multiple Choice Questions to test and consolidate your revision of each chapter Advice and tips to help you better plan your revision and prepare for your exams Titles in the Series: Commercial Law; Company Law; Constitutional Law; Contract Law; Criminal Law; Employment Law; English Legal System; European Union Law; Evidence; Equity and Trusts; Family Law; Human Rights; Intellectual Property Law; Jurisprudence; Land Law; Tort Law

Marriage migration is a controversial and problematic issue in the UK as elsewhere in Europe. This timely analysis is a comprehensive examination of the regulation of marriage migration into the UK. With international relevance, the book uses the analysis to examine the relationship between government priorities and the dynamics of transnational family life. The book is one of the first to scrutinise the control of UK marriage migration after 1997 and explores the dilemmas faced by the post-1997 government in managing this form of migration in a changed domestic and international environment. Using high-quality sources from across the political spectrum, it analyses regulatory decisions made by government, the judiciary and the visa service, and suggests that there is an unofficial and unarticulated hierarchy predicated on assumptions and beliefs about acceptable marriages. Finally, the book establishes a principled basis for the future regulation of marriage migration.

Cultural and religious identity and family law are inter-related in a number of ways and raise various complex issues. European legal systems have taken various approaches to meeting these challenges. This book examines this complexity and indicates areas in which conflicts may arise by analysing examples from legislation and court decisions in Germany, Switzerland, France, England and Spain. It includes questions of private international law, comments on the various degrees of consideration accorded to cultural identity within substantive family law, and remarks on models of legal pluralism and the dangers that go along with them. It concludes with an evaluation of approaches which are process-based rather than institution-based. The book will be of interest to legal professionals, family law students and scholars concerned with legal pluralism.

The current Syrian crisis has its roots in the sectarian nature of the country's multi-religious society. Since Ottoman times, the different religious communities have enjoyed the right to regulate and administer their own family relations. Matters of personal status including marriage, divorce, child custody and inheritance continue to be managed by a variety of religious laws and courts operating simultaneously within the legal system of the state. However, this complex system of competing jurisdictions has also affected inter-communal relations and has been used to deepen communal divides. Esther van Eijk discusses socio-legal practices in Syria by focusing on three courts: a shar'iyya, a Catholic court and a Greek-Orthodox court. While the plurality of Syrian family law is clear, she shows how - irrespective of religious affiliation - it is nevertheless characterised by the prevalence of shared cultural or patriarchal views and norms on marital relations, family and gender. Based on extensive fieldwork, Family Law in Syria offers a detailed analysis of a country that has in recent years been inaccessible to researchers.The book is a vital contribution to the growing literature on personal status laws in the Middle East and sheds light on the historical, socio-political and religious complexities and fault-lines that mark contemporary Syria.