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A tension lies at the heart of family law. Expressed in the
language of rights and duties, it seeks to impose enforceable
obligations on individuals linked to each other by ties that are
usually regarded as based on love or blood. Taking a contextual
approach that draws on history, sociology and social policy as well
as law and legal theory, this book examines the concept of
obligation as it has been developed in family law and the
difficulties the law has had in translating it from a theoretical
and ideological concept into the basis of enforceable actions and
duties. Increasingly, the idea of commitment has been offered as
the key organising principle for the recognition of family
relationships, often as a means of rebutting claims that family
ties are becoming attenuated, but the meaning and scope of this
concept have not been explored. The book traces how the notion of
commitment is understood and how far it has come to be used as a
rationale for imposing the core legal obligations which underpin
care and caring within families.
Professor Nigel Lowe is the leading expert in international family
law, with a world-wide reputation for his work in child law,
international family relocation and child abduction. His career,
spanning more than 40 years, has produced a huge body of literature
and is internationally influential and of particular importance
within Europe.A collaborative effort by members of the judiciary,
practitioners and fellow academics from both the United Kingdom and
other jurisdictions International and National Perspectives on
Child and Family Law is a recognition of the impact of his work. It
covers key issues in international child and family law including
those in which Professor Lowe's work has been particularly
influential, namely adoption, wardship, parental responsibility,
children's rights, international family relocation and the 1980
Hague Convention on International Child Abduction.International and
transnational family law has been a developing field of study and a
growing area of legal practice over recent years. At a time of
great international change and with the complications and
implications of Brexit, this book covers many of the key issues in
family law today and provides the reader with an exploration of
possible future developments in the field.
This book of essays by legal scholars from the United Kingdom,
Eire, Israel and Palestine explores the extent to which the
recognition of the concept of children's rights is affected by
adherence to religious, cultural and ethnic traditions. The aim is
twofold: first, to illuminate the interface between
internationally-agreed norms of conduct regarding children and
national and cultural determination to preserve traditional
approaches; and secondly, to reflect upon the conflicts within
societies between different cultural and religious groups in their
attempts to determine whether 'liberal/secular' or
'conservative/religious' norms predominate in attitudes to
children's upbringing. This is the first collection of papers
covering and comparing the UK and Israeli/Palestinian
jurisdictions. The particular blends of social, religious and
cultural diversity in both regions, mingled with the political
factors operating as well, render these jurisdictions of special
interest as case-studies in the reception of 'western/liberal'
norms and values. Moreover, Israel and Palestine, despite their
manifestly different cultures as compared with Britain, have been
influenced by the colonial legacy of the common law, rendering this
particular east-west comparison of special interest.
This book of essays by legal scholars from the United Kingdom,
Eire, Israel and Palestine explores the extent to which the
recognition of the concept of children's rights is affected by
adherence to religious, cultural and ethnic traditions. The aim is
twofold: first, to illuminate the interface between
internationally-agreed norms of conduct regarding children and
national and cultural determination to preserve traditional
approaches; and secondly, to reflect upon the conflicts within
societies between different cultural and religious groups in their
attempts to determine whether 'liberal/secular' or
'conservative/religious' norms predominate in attitudes to
children's upbringing. This is the first collection of papers
covering and comparing the UK and Israeli/Palestinian
jurisdictions. The particular blends of social, religious and
cultural diversity in both regions, mingled with the political
factors operating as well, render these jurisdictions of special
interest as case-studies in the reception of 'western/liberal'
norms and values. Moreover, Israel and Palestine, despite their
manifestly different cultures as compared with Britain, have been
influenced by the colonial legacy of the common law, rendering this
particular east-west comparison of special interest.
Grandparenting in divorced families is the first in-depth
exploration of grandparents' relationships with their adult
children and grandchildren in divorced families. It asks what part
grandparents might play in public policy and whether measures
should be taken to support their grandparenting role. Do
grandparents have a special role in family life that ought to be
recognised in law? This book examines grandparents' roles and
functions and gives voice to their attitudes and opinions.
Grandparenting is often represented sentimentally with too little
account taken of the diversity of attitudes and behaviour. The
study asks challenging questions about grandparents' contributions
to family life and comments on the legal and policy implications.
It includes fascinating discussion of issues such as: grandparents
who are excluded and ignored; partisan behaviour and its effect on
family relationships; communicating across the family divide;
change and continuity in grandparents' relationships with their
grandchildren. This groundbreaking book is intended for a wide
readership. Grandparents and parents in divorced families will
identify with many of the thoughts, feelings and experiences r
Most academic literature focuses on the position of the child in
relation to the parent or the state. In reality, the law is more
concerned with the role and function of parents, and this new book
addresses the key issues of parental rights and responsibilities.
Relied on by generations of students and practitioners alike,
Bromley's Family Law remains the definitive guide to the subject.
Updated by experts in the area, Nigel Lowe, Gillian Douglas, Emma
Hitchings, and Rachel Taylor provide an accurate and detailed yet
highly readable account of family law. The text presents a broad
and comprehensive treatment of the key issues relating to adult and
child law in a clear and distilled manner. Regular headings break
up the text and allow easy navigation and quick reference for both
students new to the subject and those in practice. The new edition
has been fully edited and updated to take account of the latest
case law and legislation, while also reflecting new debates and
emerging issues in the area. Digital formats and resources The
twelfth edition is available for students and institutions to
purchase in a variety of formats. The e-book offers a mobile
experience and convenient access along with functionality tools,
navigation features and links that offer extra learning support:
www.oxfordtextbooks.co.uk/ebooks
Gillian Douglas examines family law in England and Wales within a
broad social context. The book explores how the law regulates
family life, beginning with a discussion of the main social changes
and influences on family law in modern society. It then examines
which family relationships are legally recognised and the legal
consequences that flow from recognition and non-recognition. Family
Law provides a detailed account of how children's interests are
viewed and protected in family law, and concludes with a
consideration of how the law handles the ending of family
relationships. Throughout, the book draws out the linkages between
different aspects of the subject and its relationship with other
areas of the law and with other disciplines. Gillian Douglas also
takes full account of the influence of international law,
particularly human rights law under the newly incorporated European
Convention on Human Rights.
A tension lies at the heart of family law. Expressed in the
language of rights and duties, it seeks to impose enforceable
obligations on individuals linked to each other by ties that are
usually regarded as based on love or blood. Taking a contextual
approach that draws on history, sociology and social policy as well
as law and legal theory, this book examines the concept of
obligation as it has been developed in family law and the
difficulties the law has had in translating it from a theoretical
and ideological concept into the basis of enforceable actions and
duties. Increasingly, the idea of commitment has been offered as
the key organising principle for the recognition of family
relationships, often as a means of rebutting claims that family
ties are becoming attenuated, but the meaning and scope of this
concept have not been explored. The book traces how the notion of
commitment is understood and how far it has come to be used as a
rationale for imposing the core legal obligations which underpin
care and caring within families.
Drawing on a three-year multidisciplinary study of children of
divorced parents, the authors, leading academics in their fields,
present a much-needed guide to understanding the experience of
children who are experiencing parental separation. This book
provides an in-depth account of how children are actively involved
in the process of divorce and how they shape that experience. The
topics discussed include how children find out that their parents
are separating; how children tell other people about what is
happening to them and their family; how parent-child relationships
change after separation and ways in which children adapt and cope
during and immediately after their parents' divorce. The authors
show what children want and need to know as the process of divorce
unfolds and how professionals can respond appropriately to help
them to understand and adjust to their changing circumstances.
Divorcing Children addresses the weaknesses of current legislation
in family justice and suggests ways of improving the skills and
knowledge of all professionals who work with children during this
difficult period in children's lives.
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