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.

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.

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.

First published in 1996. Routledge is an imprint of Taylor & Francis, an informa company.

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).

This text presents an overview of the major issues and topics in current developments in Indian family law. Indian law has produced a number of very important innovations in the past two decades, which are also highly instructive for law reform debates in western and other jurisdictions. Topics discussed are: marriage, divorce, polygamy, maintenance, property and the Uniform Civil Code.

Those not learned in the economic arts believe that economics is either solely or essentially concerned with commercial relations. And, so it was, originally. Then, in the second half of the 20th century, economists began applying their minimalist but sturdy tools to other human activities such as marriage, child-bearing, crime, religion and social groups. In this spirit, the Research Handbook on the Economics of Family Law gives us a series of original essays by distinguished scholars in economics, law or both. The essays represent a variety of approaches to the field. Many contain extensive surveys of the literature with respect to the particular question they address. Some employ empirical economics, others are more narrowly legal. They have in common one thing: each scholar employs a core economic tool or insight to shed light on some aspect of family law and social institutions broadly understood. Topics covered include: divorce, child support, infant feeding, abortion access, prostitution, the decline in marriage, birth control and incentives for partnering. This comprehensive and enlightening volume will be a valuable reference for those interested in law and economics generally and family law in particular. Contributors: D.W. Allen, L.R. Cohen, S. Cunningham, K. Dickinson, A.W. Dnes, T. Green, M. Guldi, M. Hanlon, T.D. Kendall, J. Klick, R.I. Lerman, J. Price, B. Stevenson, T. Stratmann, A.L. Wax, J. Wolfers, J.D. Wright

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.

Covering the mental health expert's many roles as therapist, mediator, evaluator, consultant to attorneys, expert witness, and more, Philip M. Stahl's Conducting Child Custody Evaluations: From Basic to Complex Issues addresses key topics such as the best interests of the child, custody and time share, divorce and its impact on children, and children's developmental needs. From tackling the terror of testifying to critiquing your own child custody evaluations and avoiding bias inherent in this work, this practical and easy-to-read book offers comprehensive coverage vital to practitioners in this field.

International law has become part of everyday family law practice, as lawyers everywhere are confronted with questions regarding the rights of 'mail-order' brides, the adoption of children from other countries, the abduction of children by foreign parents, and domestic violence victims seeking asylum. Indeed, globalization is transforming family law, even as families themselves are being redefined. This book provides a practical overview of such issues and also examines the ways in which culture shapes family law in different countries. It provides students with a useful introduction to challenging, complicated and fascinating issues in international family law. Finally, by incorporating a comparative perspective, it gives readers an opportunity to re-examine their own legal systems.

This title was first published in 2000: The great mobility of people and capital in the world today means that the likelihood of a person acquiring and dying with assets in more than one jurisdiction is probably greater than ever. As a result an English lawyer is now more and more likely to encounter a multinational estate. This book aims to examine the international aspects of succession primarily from the perspective of an English lawyer, but utilizing in addition to English cases and materials, cases and materials from other common law jurisdictions, particularly, Australia, Canada and New Zealand. The body of case law and materials from these jurisdictions forms a valuable resource for dealing with common problems. They also form the basis for an evaluation of developments in the subject generally and the possible impact of conventions designed to achieve uniformity in the rules of private international law relating to succession. This examination will be of interest to practitioners as well as to those concerned with the subject in an academic environment.

Exploring the main developments and challenges for the right to family life in the context of European integration, this book examines the right to family life in the EU Charter of Fundamental Rights and the interplay between family life, citizenship, and free movement; it analyzes the combined impact of the EU and the European Convention on Human Rights on the concept of the family protected by the law in light of recent case law. Considering the broadening understanding of what constitutes family, the challenges for the right to family life in the context of immigration, and the protection of families and social rights it provides a comprehensive overview of the current state of family life in the European Union.

Legal aid for family cases in private law, mainly divorce and separation, where the state is not directly involved as it is in public law cases where there are issues of domestic violence or neglect or abuse of children, came to an abrupt end together with help for welfare and immigration cases on April 1 2013 when the Legal Aid Sentencing and Punishment of Offenders Act (LASPO) came into effect. This book presents an account of the wide ranging problems which the researchers and practitioners expected to ensue. Sadly, their fears have been realised in many areas of legal help and advice. The National Audit Office was to take the view in 2014 that although the Ministry of Justice had succeeded in making considerable savings in the cause of austerity that they had failed to investigate or understand the impact of these cuts on the individuals concerned and society as a whole. This book was previously published as a special issue of the Journal of Social Welfare and Family Law.

Several studies already exist of the nature and extent of Malaysia's Islamic judicial system but these have largely ignored the actual operation of the syariah courts and related institutions. This need is addressed with an in-depth analysis of the key area of intra-family conflict.

Forensic Mental Health Professionals have entered the fray of child custody litigation in ways that could not have been predicted even a decade ago. Traditionally engaged as neutral court appointed evaluators or mediators, or as treatment providers for children, parents or families, FMHPs are assuming a range of consulting functions. Services span a wide range, including providing expert testimony on specific content areas; reviewing and critiquing colleague's work product; providing behind the scenes consultation to attorneys, and even help attorneys manage difficult cases and clients. These more recent services raise questions about sound professional practice. This volume tackles these thorny issues head on, and discusses questions how consultants can work creatively and ethically to make a positive contribution in the challenging world of family law. This book was originally published as a special issue of Journal of Child Custody.

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.

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.

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.

First published in 1997, this book marks a culmination of a three year research programme focused upon the incidence of domestic violence in Leicester. The study examined the levels of violence, the details of applicants and respondents and the nature of complaints, as well as the policies applied and the problems faced by those enforcing the law. The books sets the findings in the context of the policies on protection of victims of domestic violence, the problems they face and protection after 1997. This book will be of interest to those studying law, social work, sociology and women's studies.

Published in 1996, this book presents an innovative method for studying the work of professionals with clients that was applied to an evaluation study of legislation and of lawyers working with clients seeking a divorce. With the simulated client methods, the researcher plays the role of simulated or hypothetical clients with predetermined characteristics who are consulting a lawyer, the research subject. The research is carried out in the natural setting of the lawyer's office and the lawyer conducts business as usual. The method overcomes problems of access due to client confidentiality that are commonly found in research of professional groups. It is a qualitative but focused method for evaluation research which has strengths for making comparisons across professional practice. The book will be useful to those conducting research on professionals and other elite groups working with clients as well as those interested in the socio-legal study of legal professionals. This book was originally published as part of the Cardiff Papers in Qualitative Research series edited by Paul Atkinson, Sara Delamont and Amanda Coffey. The series publishes original sociological research that reflects the tradition of qualitative and ethnographic inquiry developed at Cardiff. The series includes monographs reporting on empirical research, edited collections focussing on particular themes, and texts discussing methodological developments and issues.

Increasing international cooperation in tackling the worldwide problem of child abuse and neglect has helped to raise the profile of this important issue. Scholarly literature on the problem is growing, yet there is still a pressing need for a legal comparative commentary on the issue of child abuse claims in tort. Addressing this omission, this valuable work investigates how the factual circumstances as laid out in the landmark English cases of X v. Bedfordshire County Council and Barrett v. Enfield London Borough Council have been dealt with by the European Court of Human Rights and in a number of key jurisdictions including the US, Canada, Australia, South Africa, France, Germany and Italy. Examining the substantive tort law in these jurisdictions, the book highlights differences in procedure and compares alternative, non-judicial sources of compensation for claimants. It also offers suggestions for reform, providing a work that will greatly benefit all those working within this specific area of law or having an interest in the subject.

Dealing with the interface between the Alternative Dispute Resolution (ADR) movement and the phenomenon of domestic violence against women, this book examines the phenomenon of divorce disputes involving violence through the prism of 'alternative justice' and the dispute resolution mechanisms offered by the ADR movement. This book is the first academic treatise presenting the theoretical underpinnings of the correlation between the ADR movement and divorce disputes involving violence, and the potential contribution of this movement to the treatment of disputes of this nature. Through mapping the main values of the ADR movement, the book proposes a theoretical-analytical basis for understanding the inability of the legal system to deal with disputes of this nature, alongside a real alternative, in the form of the ADR mechanisms.

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.