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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Family law
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
Legal Issues in Special Education provides teachers and school administrators with a clearly written, well-organized, and understandable guide from the perspective of the practitioner without formal legal training. Even though over 50 percent of students with disabilities are now educated in general education classes, most teachers are not required to complete coursework in special education law and can unwittingly expose themselves and their schools to liability for violating the rights of students with disabilities. This practitioner's guide explicitly addresses the major issues and legal complexities educators inevitably face when dealing with special education legal and policy issues. Using case-based learning to synthesize important legal concepts and principles from leading special education legal cases, this text guides educators, administrators, and parents alike toward a thorough understanding of, and the ability to navigate, many of the current and pressing legal concerns in special education.
First comprehensive survey of how kinship rules were discussed and applied in medieval England. Two separate legal jurisdictions concerned with family relations held sway in England during the high middle ages: canon law and common law. In thirteenth- and fourteenth-century Europe, kinship rules dominated the lives of laymenand laywomen. They determined whom they might marry (decided in the canon law courts) and they determined from whom they might inherit (decided in the common law courts). This book seeks to uncover the association between the two, exploring the ways in which the two legal systems shared ideas about family relationship, where the one jurisdiction - the common law - was concerned about ties of consanguinity and where the other - canon law - was concerned toadd to the kinship mix ties of affinity. It also demonstrates how the theories of kinship were practically applied in the courtrooms of medieval England. SAM WORBY is a civil servant and independent scholar.
'Focused content, layout and price - Routledge competes and wins in relation to all of these factors' - Craig Lind, University of Sussex, UK 'The best value and best format books on the market.' - Ed Bates, Southampton University, UK Routledge Student Statutes present all the legislation students need in one easy-to-use volume. Developed in response to feedback from lecturers and students, this book offer a fully up-to-date, comprehensive, and clearly presented collection of legislation - ideal for LLB and GDL course and exam use. Routledge Student Statutes are: * Exam Friendly: un-annotated and conforming to exam regulations * Tailored to fit your course: 80% of lecturers we surveyed agree that Routledge Student Statutes match their course and cover the relevant legislation * Trustworthy: Routledge Student Statutes are compiled by subject experts, updated annually and have been developed to meet student needs through extensive market research * Easy to use: a clear text design, comprehensive table of contents, multiple indexes and highlighted amendments to the law make these books the most student-friendly Statutes on the market Competitively Priced: Routledge Student Statutes offer content and usability rated as good or better than our major competitor, but at a more competitive price * Supported by a Companion Website: presenting scenario questions for interpreting Statutes, annotated web links, and multiple-choice questions, these resources are designed to help students to be confident and prepared.
What should we do with teenagers who commit crimes? Are they children whose offenses are the result of immaturity and circumstances, or are they in fact criminals? "Adult time for adult crime" has been the justice system's mantra for the last twenty years. But locking up so many young people puts a strain on state budgets-and ironically, the evidence suggests it ultimately increases crime. In this bold book, two leading scholars in law and adolescent development offer a comprehensive and pragmatic way forward. They argue that juvenile justice should be grounded in the best available psychological science, which shows that adolescence is a distinctive state of cognitive and emotional development. Although adolescents are not children, they are also not fully responsible adults. Elizabeth Scott and Laurence Steinberg outline a new developmental model of juvenile justice that recognizes adolescents' immaturity but also holds them accountable. Developmentally based laws and policies would make it possible for young people who have committed crimes to grow into responsible adults, rather than career criminals, and would lighten the present burden on the legal and prison systems. In the end, this model would better serve the interests of justice, and it would also be less wasteful of money and lives than the harsh and ineffective policies of the last generation.
International child abduction is one of the most emotionally charged and fascinating areas of family law practice. The 1980 Hague Convention on the Civil Aspects of International Child Abduction was the response of the international community to the increase in the phenomenon of parental child abduction. However, behind the widely acclaimed success of this Convention - which has now been ratified by more than 90 states - lie personal tragedies, academic controversy and diplomatic tensions. The continuing steady flow of case-law from the various Member States has resulted in the emergence of different approaches to the interpretation of key concepts in the Convention. In addition, over the years other global and regional legal instruments and the recommendations of the Special Commissions have had an impact on the implementation of the Convention. This book brings together all these strands and provides an up-to-date, clear and highly readable discussion of the international operation of the Abduction Convention together with in-depth critical academic analysis in light of the objectives of the Convention and other relevant legal norms, such as the 1989 UN Convention on the Rights of the Child. Throughout the book, examples are brought from case law in many jurisdictions and reference is made to relevant legal and social science literature and empirical research. Over the past decade, increasing focus has been placed on what might be seen as procedural issues, such as separate representation for children, undertakings, judicial liaison and mediation. The book analyses the significance of these developments and the extent to which they can help resolve the continuing tension between some of the objectives of the Convention and the interests of individual children. This book will be essential reading for judges, practitioners, researchers, students, policy-makers and others who are seeking a critical and informed analysis of the latest developments in international abduction law and practice. From the Foreword by Brenda Hale, Justice of the Supreme Court of the United Kingdom 'This book is, as far as I am aware, the first scholarly monograph to study the interpretation and application of the Convention across the whole legal space which it occupies and to critically assess these in light of the object and purposes of the Convention and other relevant legal norms. Cases are drawn from many jurisdictions to discuss how different countries interpret the Convention and links are made with relevant statistical, social and psychological research in a thoughtful discussion of the significance of such material both to judicial decision-making and to policy development...a study which deserves to be read by anyone with an interest in the modern phenomenon of international child abduction, whether judge, practitioner, policy-maker, parent, researcher or scholar. There is plenty for us all to think about.'
Child Custody and Domestic Violence: A Call for Safety and Accountability Key Features:
Legal and mental health professionals who provide services to divorcing parents will find this a much-needed reference, as will anyone whose life has been affected by child custody disputes and domestic violence.
Maternity Discrimination is an ever increasingly important area of the law around the world, affecting both women and men as they juggle parenthood and the workplace. Pregnant Pause provides readers with a better understanding of the issue of maternity discrimination and inequality by looking at the primary role of legislation, and its impact on the court process at both national and international levels for those suffering maternity discrimination. It also discusses the two most important trade agreements of our day - namely the North American Free Trade Agreement and the European Union Treaty - in a historical and compelling analysis of maternity discrimination and employment. By providing a detailed examination of the relationship between maternity issues in the workplace and the law, the book will be an important read for all those concerned with equality.
An intriguing insight into the politics of gender, family and religion in Elizabethan England. The marriage of Charles and Elizabeth Forth (c. 1582-1593) offers an intriguing insight into the politics of gender, family and religion in Elizabethan England. In this story, resourceful women play leading roles, sometimes circumventing or subverting patriarchal authority, qualifying our accepted image of the Elizabethan propertied family. Elizabeth's impoverished Catholic father took no part in making her marriage. Instead, Elizabeth and her mother seemingly enticed Charles, sixteen-year-old heir of a solidly Protestant Suffolk JP, into a clandestine match. When the marriage began to fail, Elizabeth turned to her mother and sisters as her principal sources of support and showed greater guile, determination and resilience than her husband in what became a protracted contest. Charles, convinced of his wife's infidelity, finally left England to travel as a voluntary exile, only to die abroad. Elizabeth and her kinsman Henry Jerningham emerged as victors in subsequent prolonged litigation with Charles's father. Drawing on extensive testimony and decrees in the most fully recorded case of its kind heard by the Court of Requests, as well as a wide range of other material from local record offices and the National Archives, this readable micro-history unravels the tangled story of two very different young people. It establishes the background of the marriage and its failure in the contrasting histories of the families involved and sets the story in its larger political and religious contexts. Anyone with an interest in Elizabethan politics, law and religion, or the family, women and gender, will find it fascinating. RALPH HOULBROOKE is Professor Emeritus at the University of Reading.
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.
Susan Gluck Mezey's newest book, Gay Families and the Courts, is a compelling examination of the role of the state and federal courts in furthering the goals of the gay and lesbian community. Unlike Mezey's earlier book, Queers in Court, this book evaluates the extent to which litigation is effective in advancing equal rights for gay families_families in which at least one member is gay_as they seek to expand their opportunities and battle discrimination. Mezey shows how the courts address gay and lesbian rights and sexual orientation in schools and social organizations such as the Boy Scouts along with family-oriented problems such as marriage and parenthood. In doing so, Mezey emphasizes the complexity of the issues involved in the cases, and assesses the degree to which the outcome of the litigation is explained by the type of case, the type of court, and the judge's perception of his or her role as a policymaker. It is a valuable reference for scholars interested in judicial, legislative, and executive policymaking at the federal and state level as well as anyone interested in LGBT politics.
Cohabiting couples and those entering religious-only marriages all too often end up with inadequate legal protection when the relationship ends. Yet, despite this shared experience, the linkages and overlaps between these two groups have largely been ignored in the legal literature. Based on wide-ranging empirical studies, this timely book brings together scholars working in both areas to explore the complexities of the law, the different ways in which individuals experience and navigate the existing legal framework and the potential solutions for reform. Illuminating pressing implications for social policy, this is an invaluable resource for policy makers, practitioners, researchers and students of family law.
Topical and compelling, this volume provides an excellent re-evaluation of the 'best interests' test in the healthcare arena; the ways in which it has developed, the inherent difficulties in its use and its interpretation in legal cases concerning the medical care of children. Comprehensively covering both the English and Scottish position within the context of the European Convention of human Rights and the UN Convention on the Rights of the Child, the author examines a wide range of healthcare situations, from the commonly occurring to the unusual, offering a detailed analysis of legislation, case law, cases and their implications. It includes discussions on:
This work is a key resource for postgraduates and researchers working and studying in the fields of law, healthcare and medicine.
Same-sex marriage has become one of the defining social issues in contemporary U.S. politics. State court decisions finding in favor of same-sex relationship equality claims have been central to the issue's ascent from nowhere to near the top of the national political agenda. Same Sex Marriage in the United States tells the story of the legal and cultural shift, its backlash, and how it has evolved over the past 15 years. There is a clear story of jurisprudential evolution with regards to same-sex marriage from Hawaii, through Vermont, Massachusetts, New Jersey, California, Connecticut, and, remarkably, Iowa in 2009. This book aids in a classroom examination of the legal, political, and social developments surrounding the issue of same-sex marriage in the United States. While books about same-sex marriage have proliferated in recent years, few, if any, have provided a clear and comprehensive account of the litigation for same-sex marriage, and its successes and failures, as this book does.
Susan Gluck Mezey's newest book, Gay Families and the Courts, is a compelling examination of the role of the state and federal courts in furthering the goals of the gay and lesbian community. Unlike Mezey's earlier book, Queers in Court, this book evaluates the extent to which litigation is effective in advancing equal rights for gay families-families in which at least one member is gay-as they seek to expand their opportunities and battle discrimination. Mezey shows how the courts address gay and lesbian rights and sexual orientation in schools and social organizations such as the Boy Scouts along with family-oriented problems such as marriage and parenthood. In doing so, Mezey emphasizes the complexity of the issues involved in the cases, and assesses the degree to which the outcome of the litigation is explained by the type of case, the type of court, and the judge's perception of his or her role as a policymaker. It is a valuable reference for scholars interested in judicial, legislative, and executive policymaking at the federal and state level as well as anyone interested in LGBT politics.
Learn what to do when allegations of child sexual abuse become part of the child custody process Child Custody Litigation: Allegations of Child Sexual Abuse is an invaluable resource for forensic mental health professionals involved with conducting custody evaluations in family court proceedings. Each of the book's five chapters reviews an important component of the evaluation process when allegations of child sexual abuse have been made, moving beyond the description of each parent's psychological functioning and parenting capacity, the identity and needs of the child, and the parent's ability to meet those needs. The book's contributors examine the organizational structure of a child custody evaluation, the meanings of sexual behaviors demonstrated by children, descriptions of sex offenders assessment instruments, the usefulness of Rorschach examinations, and observations from presiding judges. Child Custody Litigation: Allegations of Child Sexual Abuse is one of the few resources to tackle this difficult forensic area. This unique book examines the myths concerning the occurrence of child sexual abuse (CSA) and victim characteristics, the basic principles of a sex offender evaluation, and the ways evaluators craft their evaluations and testimony to assist the Court. Contributors also look at the relationship of sexual behavior to sexual abuse, domestic violence, physical abuse, family sexuality, behavior problems, reporter characteristics, and age and gender of the child. Topics covered in Child Custody Litigation: Allegations of Child Sexual Abuse include: macro-interview structures for the child interview psychological evaluation and testimony the Court's expectations within the order for evaluation a model order for custody evaluations exploring CSA statistics a forensic evaluation model data collection, interpretation, and communication of results and much more Child Custody Litigation: Allegations of Child Sexual Abuse is essential as a professional aid in conducting and analyzing child custody evaluations in family court proceedings.
Learn what to do when allegations of child sexual abuse become part of the child custody process Child Custody Litigation: Allegations of Child Sexual Abuse is an invaluable resource for forensic mental health professionals involved with conducting custody evaluations in family court proceedings. Each of the book's five chapters reviews an important component of the evaluation process when allegations of child sexual abuse have been made, moving beyond the description of each parent's psychological functioning and parenting capacity, the identity and needs of the child, and the parent's ability to meet those needs. The book's contributors examine the organizational structure of a child custody evaluation, the meanings of sexual behaviors demonstrated by children, descriptions of sex offenders assessment instruments, the usefulness of Rorschach examinations, and observations from presiding judges. Child Custody Litigation: Allegations of Child Sexual Abuse is one of the few resources to tackle this difficult forensic area. This unique book examines the myths concerning the occurrence of child sexual abuse (CSA) and victim characteristics, the basic principles of a sex offender evaluation, and the ways evaluators craft their evaluations and testimony to assist the Court. Contributors also look at the relationship of sexual behavior to sexual abuse, domestic violence, physical abuse, family sexuality, behavior problems, reporter characteristics, and age and gender of the child. Topics covered in Child Custody Litigation: Allegations of Child Sexual Abuse include: macro-interview structures for the child interview psychological evaluation and testimony the Court's expectations within the order for evaluation a model order for custody evaluations exploring CSA statistics a forensic evaluation model data collection, interpretation, and communication of results and much more Child Custody Litigation: Allegations of Child Sexual Abuse is essential as a professional aid in conducting and analyzing child custody evaluations in family court proceedings.
This book examines the use of violence by children and young people in family settings and proposes specialised and age-appropriate responses to these children and young people It interrogates the adequacy and effectiveness of current service and justice system responses, including analysis of police, court and specialist service responses. It proposes new approaches to children and young people who use violence that are evidence based, non-punitive, and informed by an understanding of the complexity of needs and the importance of age appropriate service responses. Bringing together a range of Australian and International experts, it sheds new light on questions such as: How can we best understand and respond to the use of family violence by young people? To what extent do traditional family violence responses address the experiences of adolescents who use violence in family settings? What barriers to help seeking exist for parental and sibling victims of adolescent family violence? To what degree do existing support and justice services provide adequate responses to those using adolescent family violence and their families? In what circumstances do children kill their biological and adopted parents? The explicit focus on child and adolescent family violence produces new knowledge in the area of family violence, which will be of relevance to academics, policy makers and family violence practitioners in Australia and internationally.
THE SUNDAY TIMES BESTSELLER 'Helen is the woman I want in my life when the shit hits the fan' - Bryony Gordon What do you do when your relationship suddenly ends? How do you cope when the cosy 'coupley' future you had planned disappears? Join comedian Helen Thorn from The Scummy Mummies as she haphazardly takes the plunge into single life for the first time in twenty-two years. Helen shares her own roller coaster journey from the initial shock of a surprise separation, the messy months hanging out in her PJs through to the highs of rediscovering online dating, tiny pants, rock-solid female friendships and the glorious joy of just being by herself. With the help of relationship experts and an army of women "who know", Get Divorced, Be Happy will show you that going it alone isn't the end, it is just the beginning, and you will come out the other side, stronger, happier and goddamn sassier than ever before.
This collection canvasses the growing literature on international family law, extending from the traditional private law governing cross-border families, to multi-lateral treaties on subjects such as child abduction and intercountry adoption, to the framework of international human rights law that shapes domestic and international family law systems. Volume I explores the internationalization of family law and considers adult relationships, whilst Volume II examines parent-child relationships. All of the articles are tied together in the Editor's introductory essay, which provides a useful and insightful overview. Edited by a leading authority in the field, this collection will prove to be an invaluable and essential research tool for all international family law academics, researchers and practitioners.
*Presents a user-friendly wealth of useable, practical, and viable malpractice solutions *Explains in-depth advice on avoiding malpractice claims and their negative consequences for doctors in every field *Offers a valuable resource of precise and practical strategies to prepare for depositions, court testimony, and a doctor's defense in the event of litigation
Are pregnant women entitled to the same rights of self-determination and bodily integrity as other adults? This is the fundamental question underlying recent high-profile legal interventions in situations when pregnant women and healthcare staff do not agree on management options or appropriate behaviour. Courts on both sides of the Atlantic have sometimes answered that they are not, and the law has at times been manipulated to enforce compliance with medical recommendations. This is the first book of its kind to offer a comprehensive assessment of healthcare law as applied to the unique situation of pregnancy. Drawing on case material from both the UK and the USA, it describes the trend towards 'policing pregnancy' and explores the emergence of the concept of 'maternal-foetal conflict' - and why, in the author's view, this would be more appropriately labelled 'obstetric conflict'. Suggestions are made for alternative approaches that better safeguard the overall well-being of pregnant women and their future children.
This book examines the practice of Alternative Dispute Resolution (ADR) as it stands today in the context of matrimonial disputes and for providing gender justice for women undergoing matrimonial litigation. ADR is a fairly recent but increasingly prevalent phenomenon that has significantly evolved due to the failure of the adversarial process of litigation to provide timely resolution of disputes. The book explores the merit and demerit of traditional litigation process and emergence, socio-legal framework, work environment and success rate of various ADR processes in general and for resolving matrimonial disputes in particular. It comprehensively discusses the role of various institutions and attitudes and perceptions of ADR practitioners. It analyzes the influence of patriarchal cultural assumptions of appropriate feminine behaviour and its effect on ADR practitioners like mediators and counsellors that leads to the marginalization of aggrieved woman's issues. With a brief analysis of the experience and challenges faced with the way the ADR process is conducted, the focus is on probing the vulnerability of aggrieved women. The book critiques the practice of ADR as it is today and offers constructive ways forward by providing suggestions, insights, and analysis that could bring about a transformation in the way justice is delivered to women. This in-depth study is an attempt to guide decision making by bringing forth and legitimizing the battered women's voice which often goes unrepresented, in the debate about the efficacy of ADR mechanism in resolving matrimonial disputes. The book is of interest to those working for justice for women, particularly in the context of matrimonial disputes -- legal professionals, mediators, counsellors, judges, academicians, women rights activists, researchers in the field of gender and women studies, social work and law, ADR educators, policymakers and general readers who are inclined and interested in bringing a gender perspective to their area of work.
The Adoption and Children Act 2002, which sets out the statutory framework, contains 115 sections and 5 schedules. These provisions are supported by secondary legislation, international conventions, rules, guidance, practice notes and case law that has developed since the Act came into force. The paramount consideration in every decision relating to the adoption of a child is the child's welfare throughout their life. In doing so the decision maker also has to consider and balance the competing rights protected under the European Convention on Human Rights of all parties in the adoption process and also the child's rights under the United Nations Convention on the Rights of the Child. Adoption Law: A Practical Guide seeks to provide a comprehensive guide to the law, practice and procedure for professionals as well as those who are concerned with or involved in the adoption process. It covers each stage of the adoption process, including the difficult issue of contact between the child and their birth parents and the alternative options available by reference to the relevant case law and regulations in relation to domestic adoptions as well as adoptions with a foreign element. Registration of adoption and the sensitive issue of disclosure of information are also considered. The book deals with the statutory obligations and responsibilities imposed on adoption agencies, support services and other professional bodies who are concerned with adoption towards all the parties, including the child who is the subject of the proceedings. It also outlines the rights of those parties to challenge decisions made by the professional bodies involved in the process.
The essays in this collection consider the fundamental concepts of property and obligations in law. Ideas of property and of obligations are central, organising concepts within law but are nevertheless liable to fragmentation and esoteric development when applied in particular contexts. The contributors examine this phenomenon in three ways. First, in the interaction of land law, housing law and family law to the acquisition of rights in the home. Secondly, by considering how human rights norms will impact on the development of property and obligations law in the future. Thirdly, by reconsidering the historical development of many of these notions in English law. What emerges is an understanding that when the concepts of property and obligations are uprooted from their conceptual soil, they take on very different characteristics. |
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