Everyday Law for Children provides an accessible introduction to laws that affect children and families and the dominant public debates that surround and drive these laws. Using real-world examples, the book exposes the tension between reliance on the private, autonomous family and the public's desire to secure child well-being. A look at some public systems, such as child welfare and juvenile delinquency, shows that an initial public aspiration to assist children and families is often frustrated by a lack of resolve and resources. In other areas, such as education and healthcare, the public shrinks from a commitment to comprehensive child well-being. Everyday Law for Children makes a case for the improvement of public systems by focusing on pragmatic goals related to child well-being. More immediately, it makes a case for zealous advocates for children who can have a dramatic impact on children's everyday lives. Accordingly, the book provides an annotated list of resources and contact information for parents and for service providers who need help addressing specific problems within complex public systems.

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.

First published in 1998, this book seeks to consider the application of international human rights standards to situations where children are at risk of torture and other forms of ill-treatment. Each of the contributors authoritatively examines torture, cruel, inhuman and degrading treatment and punishment from the perspective of their own discipline and experience. In exploring the issues, Childhood Abused, also helps to raise their profile, as invisibility, ignorance and secrecy contribute to the continuation of such practices. The subject is harrowing and complex, Childhood Abused, needs to be read so that we are better able to prevent and protect children against such abhorrent and prohibited forms of ill-treatment.

First published in 1999, this book responds to the meaning given to the welfare principle attracts a great deal of controversy and explores the reasons for the controversy and examines the growing legal significance attached to the principle. In an illuminating and accessible manner, this informative volume: provides a record of the milestones which have shaped the principles development by tracing its evolution over the centuries discloses the essence of what has been termed 'the golden thread running through the common law' provides a measure of the impact of the principle on the coherence of modern family law by assessing the significance of its present operational role and functions. The welfare principle began as a common law principle forged in medieval England, yet it has informed the law relating to children in some of the most developed western societies. It is now being refracted through international legislative and judicial developments to challenge the future shape of family law in the UK. By considering the ways in which the legal system has shaped and been shaped by the principle, this invaluable book leads its readers to an appreciation of the content and structural influence of the welfare principle.

As the radical reforms contained in the Enterprise Act 2000 have come fully on-stream, Personal Insolvency Law has become a major focus of attention. At the same time, all evidence points to increasing levels of personal debt with the consequential rise in bankruptcies. Personal Insolvency Law, Regulation and Policy therefore provides a timely evaluation of the current state of English law in this important area. The volume presents a critical analysis of the regimes of bankruptcy and individual voluntary arrangement in the context of current policy goals. It examines the impact of the Insolvency Act 2000 and the Enterprise Act 2002, and discusses the treatment of bankruptcy within the global economy. The book will be a valuable guide for students and academics engaged in the study of this increasingly important branch of private law. The study will also be of value to practitioners and policy makers.

This unique selection of chapters brings together researchers from a variety of academic disciplines to explore aspects of law's engagement with working families. It connects academic debate with policy proposals through an integrated set of approaches and perspectives. Families, Care-giving and Paid Work offers an original approach to a very topical area. Not only does it consider the limitations of law in relation to the regulation of care-giving and workplace relationships, but it is premised upon a reconsideration of law's potential and engages with suggested strategies for bringing about long-term social change. Offering a range of analyses, this book will strongly appeal to policy makers and practitioners involved with promoting work and family issues, students in labor and employment studies, law and social policy, as well as academics interested in work and family reconciliation issues, or gender and law issues. Contributors: N. Busby, T. Callus, E. Caracciolo di Torella, S. Charlesworth, R. Guerrina, R. Horton, G. James, C. Lyonette, S. Macpherson, A. Masselot, O. Smith, M. Weldon-Johns

This book provides a comparative account of the abolition of concubinage in East Asia, offering a new perspective and revised analysis of the factors leading to - and the debates surrounding - the introduction of a new Marriage Reform Ordinance in Hong Kong in 1971. It uses this law as a platform to examine how the existence of concubinage - long preserved in the name of protecting Chinese traditions and customs - crucially influenced family law reforms, which were in response to a perceived need to create a 'modern' marriage system within Hong Kong's Chinese community after the Second World War. This was, by and large, the result of continued pressure from within Hong Kong and from Britain to bring Hong Kong's marriage system in line with international marriage treaties. It represented one of the last significant intrusions of colonial law into the private sphere of Hong Kong social life, eliminating Chinese customs which had been previously recognised by the colonial legal system's family law. This book contextualizes the Hong Kong situation by examining judicial cases interpreting Chinese customs and the Great Qing Code, offering a comprehensive understanding of the Hong Kong situation in relation to the status of concubines in Republican China and other East Asian jurisdictions. It will be of particular interest to teachers and students of law, as well as researchers in gender studies, post-colonialism, sociology and cultural studies.

First published in 2005. This book provides trainees and newly qualified solicitors with a first aid kit for dealing with the most common aspects of work in a busy family department, including domestic violence, private children matters, ancillary relief applications and cohabitation disputes.

This title was first published in 2002: After outlining the origins and development of family mediation on a world-wide basis, this book assesses family mediation services in the Republic of Ireland and Northern Ireland, within the context of the empirical and theoretical debates surrounding the practice. It is the first comprehensive study of the area in Ireland, appearing at an opportune time, due to the expansion of the service in the Republic and its virtual collapse in Northern Ireland. It argues that the service provided in the Republic of Ireland is appreciated by clients and is successful, although the issue of domestic violence remains. In contrast, it suggests that the absence of service provision in Northern Ireland is problematic, since it undermines consumer choice.

Understanding Family Law is a clear and concise book for students of family law. The text is easy to digest, and even the most complex issues are presented in a user-friendly way without becoming patronising. The book has been specifically designed to be used as a study guide by students at all levels, and will appeal particularly to those who struggle with the more traditional textbooks. The reader is encouraged to think beyond the confines of the page through self-assessment questions. The book is designed primarily for full time undergraduate LLB students, but will also prove useful for those studying family law on part time and Diploma in Law courses.

This title was first published in 2001. Making decisions about the care and protection of children who appear before the courts is complex. Attention must be paid to the best interests of the child, the child's need for their family, community views on parenting, and concern about welfare intrusion into family life. Magistrates have a unique authority to make, or reject child protection orders - yet the criteria they use to decide a protection order, how they understand the information presented to them in court and the factors that influence their discretion and decision-making have, until now, been little known. Presenting the findings of a study undertaken at Melbourne Children's Court, this book offers a much-needed investigation of how magistrates actually make child protection decisions. Case examples highlight this decision-making and the book thus offers practical assistance to professionals working with children in the legal process.

This title was first published in 2003. The essays in this collection are written by academics and practitioners who look at some of the key aspects of family law. Papers include one from Lord Justice Ward, who gave the first judgement in the Court of Appeal on the case of the conjoined twins from Malta, another from Judge Pearl who has been responsible for training the judiciary on the impact of the Human Rights Act on family law, while Dr C. Ball contributes a paper on aspects of the 1989 Children Act. Parent and child contact across borders is dealt with in a paper by William Duncan, who is Deputy Director General of the Hague Conference. Other topics include medical evidence in child cases, pre-nuptial agreements and the re-establishing of contact after divorce.

This title was first published in 2002. Gender has become a culturally laden signifier. Sometimes used to differentiate the social from the biological, gender itself has become gendered. In common parlance gender issues often slide inexorably into women's issues and are in that way designated as marginal and outside the concerns and lives of ordinary men and women. In this book, signifiers such as gender, worker and family are unpacked and suggestions are made as to how common usage of these signifiers reinforce existing practices and act as barriers to change. Some of these changes are legal, others are social and others are driven by political and policy agendas. By looking at five areas: equal opportunity law, family law, industrial relations law, social welfare law and taxation law, which are all profoundly gendered, the author examines ways in which men and women see their roles and choices and how these are related to the state, as citizens. The author then examines the definition of citizenship and looks in detail at the concept of the unencumbered citizen, who is unencumbered by interpersonal obligations, responsibilities and beliefs, using comparative material from Australia, North America and the United Kingdom.

'Across Canada efforts have been made to introduce information technology solutions into the health care sector for the past two decades. As with any journey the maps and journals are only produced at the end of the adventure. With this book Dr Shaw has provided a road map that will help guide those physicians who are now thinking about starting down this road or those who may have taken a wrong turn and are trying to make mid-course corrections. Dr Shaw is a health informatician with a wealth of experience in analyzing the impact of using IT in a health care environment. Since coming to Canada she has spent considerable time talking to physicians as well as government and vendors about the status of IT in the Canadian healthcare system. Computerization and Going Paperless in Canadian Primary Care is a dispassionate and scientific analysis of the issues and problems facing those who are trying to create a paperless practice. Here you will be provided with advice on how to chose a clinical system how to manage the transition into a paperless office and offers an abundance of resource materials to help you through the process.' William Pascal Chief Technology Officer Canadian Medical Association

This title was first published in 2002.In this informative and captivating book the author presents a moral critique of the laws governing the creation of designer babies. Alan Gewirth's Principle of Generic Consistency is used as the starting point for developing a framework, which is then used to critique the legal position in the EU countries (with particular reference to the UK), Canada and the USA. The conclusion the author reaches is that a proper moral response to the issues covered must take account of specified prima facie presumptions, to be applied by legitimately appointed regulatory bodies. The text assesses the adequacy of existing regulatory responses by reference to these presumptions. Also containing detailed appendices summarizing the legal position with regard to abortion and prenatal diagnosis, preimplantation genetic diagnosis, in vitro embryo research, cloning, and germ-line gene therapy in the countries mentioned above, this volume is an indispensable resource for both students and scholars with a keen interest in this highly contested field.

This title was first published in 2002: Becoming Delinquent: British and European Youth, 1650-1950 provides a critical synthesis of the growing body of work on the history of British and European juvenile delinquency. It is unique in that it analyzes definitions of and responses to, disorderly youth across time (from the mid-seventeenth to the mid-twentieth centuries) and across space (covering developments across Western Europe). This comparative approach allows it to show how certain themes dominated European discourses of delinquency across this period, not least panics about urban culture, poor parenting, dangerous pleasures, family breakdown, national fitness and future social stability. It also shows how these various threats were countered by recurring strategies, most notably by repeated attempts to deter delinquency, to divide responsibility between the state, civil society and the family, and to find a "proper" balance between moral reform and physical punishment, between care and control.

It is often asserted that 'A family that prays together, stays together'. But what if a child no longer wishes to pray? This book analyses the law in relation to situations where parents force their children to manifest the parental religion. From thorough examination of international law it argues that, unlike what is generally believed, the human rights regime does not grant parents a right to impose manifestations of their religion on their children. Instead, the author proposes to regard coerced manifestations as a limitation on children's right to freedom of manifestation, based on national laws that give parents rights at the domestic level under principles such as parental responsibility. The book focuses on two aspects of States' positive obligations in this regard. First, the obligation to provide a regulatory framework that can protect children's right to freedom of manifestation, and restricts limitations to those that are proportionate or 'necessary in a democratic society'. Second, to provide access to remedies, which it is argued should consist of access to a family-friendly infrastructure for dispute resolution available to parents and children in conflict over religious manifestation. Both depend heavily on the way States balance power between parents and children at the national level. The book includes three case studies and social research of jurisdictions that offer different perspectives under the principles of parental authority (France), parental responsibility (England) and parental rights (Hong Kong).

Modern family life exhibits a huge variety of new forms. Legal responses to these new forms illustrate the continuing differences between European nations. Nonetheless, the Strasbourg Court has been increasingly active in this area, which provides fertile ground for testing the legitimacy of the Court's interpretation of the European Convention on Human Rights. When national law refuses to recognize a claimed right, litigants regularly reassert that right before the Strasbourg Court. This has forced it to seek answers to complex domestic controversies, such as the legal recognition for same-sex partners and transgender persons, the ethics of adoption and reproductive rights, the legal regime for cohabitants, or the accommodation of immigrants' aspiration to family reunion. Placing family rights at the core of the judicial legitimacy debate, this book provides a critical analysis of the standards of family rights protection under the Convention. It evaluates the Court's interpretive methodology and discusses the tensions inherent in its supranational quasi-constitutional function. These include the risk of excessive deference to national authorities, at the expense of the effective enforcement of universal rights; the addition of 'new rights'; and inattention to the division of responsibilities between democratic processes within sovereign States and the subsidiary international review.

First published in 1999, this book responds to the meaning given to the welfare principle attracts a great deal of controversy and explores the reasons for the controversy and examines the growing legal significance attached to the principle. In an illuminating and accessible manner, this informative volume: provides a record of the milestones which have shaped the principles development by tracing its evolution over the centuries discloses the essence of what has been termed 'the golden thread running through the common law' provides a measure of the impact of the principle on the coherence of modern family law by assessing the significance of its present operational role and functions. The welfare principle began as a common law principle forged in medieval England, yet it has informed the law relating to children in some of the most developed western societies. It is now being refracted through international legislative and judicial developments to challenge the future shape of family law in the UK. By considering the ways in which the legal system has shaped and been shaped by the principle, this invaluable book leads its readers to an appreciation of the content and structural influence of the welfare principle.

In this one-of-a-kind handbook, Reid and Silver have combined the expertise of over thirty contributors, amassing exhaustive coverage of the fundamentals of administration and management in various types of mental health centres and disciplines. Covering the basic principles of administration, management, and leadership, this text addresses both the generic and unique topics of mental health organizations. The Handbook includes crucial information regarding many new management topics, such as information technology, current human resources policy and law, and modern funding streams. A special "Primer" section will ease those readers from primarily clinical backgrounds into their administrative roles whilereaders from management backgrounds will find within a broad introduction to the clinical issues that affect mental health care administrators and managers.

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The Morality of Gay Rights presents a comprehensive exploration of the connection between gay rights and traditional (non-postmodern) political philosophies. Carlos Ball discusses the writings of contemporary political and legal philosophers (including Rawls, Walzer, Sander, Rorty, and Dworkin) to evaluate how their theoretical frameworks fit the specific gay rights controversies that are part of our nation's political debates, such as same-sex marriage and the rights of families headed by gay and lesbian parents. The Morality of Gay Rights also takes the unusual position of using Foucault's work to justify liberal theories, rather than post-modern ones. Ball takes the unorthodox position that gay men and lesbians have nothing to lose by fully incorporating nations of morality into gay rights theory. With its well-written descriptions of the key texts and its accessible, persuasive arguments, this book will be of interest to everyone working in contemporary political theory or in LGBT studies.

The Morality of Gay Rights presents a comprehensive exploration of the connection between gay rights and traditional (non-postmodern) political philosophies. Carlos Ball discusses the writings of contemporary political and legal philosophers (including Rawls, Walzer, Sander, Rorty, and Dworkin) to evaluate how their theoretical frameworks fit the specific gay rights controversies that are part of our nation's political debates, such as same-sex marriage and the rights of families headed by gay and lesbian parents. The Morality of Gay Rights also takes the unusual position of using Foucault's work to justify liberal theories, rather than post-modern ones. Ball takes the unorthodox position that gay men and lesbians have nothing to lose by fully incorporating nations of morality into gay rights theory. With its well-written descriptions of the key texts and its accessible, persuasive arguments, this book will be of interest to everyone working in contemporary political theory or in LGBT studies.

This compilation of new essays and essays published over the past fifty years explores Chaucer's experiences with the cultural other, especially Chaucer's relationship to Far Eastern, Islamic and African sources. Chaucer's Cultural Geography considers many different Chaucerian works in the context of sexual geographies and colonizing and post-colonizing discourses. It comes at a time when critical methodology is being debated and a variety of approaches to Chaucer studies using modes of analyses normally reserved for later periods, including Said's orientalism theories, Dollimore's 'transgressive proximity' and new French feminism. Moreover, the book fits well into the new emphasis in the Chaucer curriculum on globalism and multiculturalism.

The Convention on Preventing and Combating Violence against Women and Domestic Violence (also known as the Istanbul Convention) was adopted by the Committee of Ministers of the Council of Europe on 7 April 2011. The Convention entered into force on 1 August 2014 and has currently been ratified by 22 states. This Convention constitutes a crucial development as regards the movement to combat gender-based violence, as it sets new legally binding standards in this area. This book provides a detailed analysis of the Convention and its potential to make an impact in relation to the specific issue of domestic violence. The book places the Istanbul Convention in context with regard to developments relating to domestic violence as a human rights issue. The background to the adoption of the Convention is examined, and the text of this instrument is analysed in detail. Comparative analysis is engaged in with reference to the duties that have been placed on states by other bodies such as the UN Committee on the Elimination of Discrimination against Women and the European Court of Human Rights. Comparisons are also drawn with the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women and with the relevant provisions of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa. An in-depth examination of the advantages of the adoption of the Istanbul Convention by the Council of Europe is provided along with a detailed analysis of the challenges faced by the Convention. The book concludes with a number of brief reflections in relation to the question of whether the adoption of a UN convention on violence against women may be a possible development, and the potential such an instrument holds, in the context of domestic violence.

Black Bottom Stomp tells the compelling stories of nine seminal figures in American music history, including Scott Joplin, Louis Armstrong, and Jelly Roll Morton. Through them it shows how ragtime and popular dance music fed into and changed the development of early jazz. The stories range from the frustrations Scott Joplin faced trying to be taken "seriously" as a composer to the changes that Jelly Roll Morton made to adapt to musical times and tastes. Richly illustrated with rare photographs, sheet music, and other hard-to-find sources, the work will appeal to the reader interested in popular music, ragtime, and early jazz.