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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Family law
Hindu women in India have independent right of ownership to property under the Law of Succession (The Hindu Succession Act, 1956). However, during the last five decades of its operation not many women have exercised their rights under the enactment. This volume addresses the issue of Hindu peasant women's ability to effectuate the statutory rights to succession and assert ownership of their share in family land. The work combines a critical evaluation of law with economic analyses into allocation of resources within the family as a means of addressing gender relations and explaining resulting gender inequalities.
Awareness of narcissism and narcissistic behaviour has mushroomed over the past decade. More and more people are being identified as exhibiting a degree of narcissistic behaviour, a rise that may reflect the explosion of social media or simply increased awareness of the problem. So when you encounter a narcissist in divorce proceedings, as inevitably you will, you need to be able to understand how they may behave and how you can better handle matters so that a resolution is not unnecessarily costly. Narcissism & Family Law: A Practitioner's Guide will help you spot when you are dealing with a narcissist, whether they are your client or on the other side, and sets out innumerable practical insights and tips for how you can moderate the effects of their behaviour. Divorce cases involving narcissists can often get messy, combative and costly so the advice set out in these pages could save you and your client days of angst and unrewarding effort. Drawing on the combined expertise and experience of Dr Supriya McKenna, a GP turned specialist coach and mentor and who focuses on supporting people separating from a narcissist, and Karin Walker, one of the country's leading family law practitioners, it is essential reading for all family lawyers, mediators and other advisers on the front line of practice.
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.
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.
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.
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.
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.
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?
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.
"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.
"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.
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 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 book examines some of the mechanisms which are currently conceived as affording individual security. The idea of security includes emotional and financial components. These interconnect so that such common concepts as 'trust' in someone and 'care taking' include both ideas of emotional and financial support. State policies on security rest on perceptions of two other institutions, the family and insurance, both of which are subject to change. At one time the extended family was seen as a major security-providing institution, but the contemporary nuclear family is more fragile. The concept of insurance originally entailed ideas of community and mutual aid; however, the institution has developed, in its modern private form, as a profit-driven entity. This book addresses various uses of state power in providing security for individuals, and outlines different ways in which this can be done.
This title was first published 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.
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.
This book tells the untold story of the Married Women's Association. Unlike more conventional histories of family law, which focus on legal actors, it highlights the little-known yet indispensable work of a dedicated group of life-long activists. Formed in 1938, the Married Women's Association took reform of family property law as its chief focus. The name is deceptively innocuous, suggesting tea parties and charity fundraisers, but in fact the MWA was often involved in dramatic confrontations with politicians, civil servants, and Law Commissioners. The Association boasted powerful public figures, including MP Edith Summerskill, authors Vera Brittain and Dora Russell, and barrister Helena Normanton. They campaigned on matters that are still being debated in family law today. Quiet Revolutionaries sheds new light upon legal reform then and now by challenging longstanding assumptions, showing that piecemeal legislation can be an effective stepping stone to comprehensive reform and highlighting how unsuccessful bills, though often now forgotten, can still be important triggers for change. Drawing upon interviews with members' friends and family, and thousands of archival documents, the book is compulsory reading for lawyers, legal historians, and anyone who wishes to explore histories of law reform from the ground up. To listen to podcast episodes about the Married Women's Association, featuring interviews and archival research, visit quietrevolutionaries.podbean.com.
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.
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
Police response to incidents of intimate partner violence can be critical. This volume investigates the elements in the institutional, legal and organizational context that are relevant for police response to incidents in the realm of the private sphere and whether there exists a relation with the reporting of such incidents by victims. Addressing this complex question requires insights from research, policy and practice and, as such, any conclusions will have implications for each of these fields. This volume addresses issues that are key elements in the relationship between the (legal) response to family violence and the reporting by victims. These issues concern societal and legal definitions of family violence employed in research, policy making and legal practice; how the legislation of various countries covers violence in the private sphere; the way the police deal with reported incidents of intimate partner violence; and the role that other interventions play in the response to and combat of family violence and intimate partner violence.
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. |
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