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Bringing together current research from a diverse range of
jurisdictions on family law, the Research Handbook on Family
Justice Systems addresses the aims and boundaries of family justice
systems. Delineating the common purpose of family law to achieve
fairness for groups of people who live or have lived together, this
Handbook is concerned with the rules referred to as ‘family
law’, but also with the institutions comprising the operating
system. This Handbook presents the view that a Family Justice
System (FJS) is a living entity, working with and for a wide range
of beliefs and practices, comprising far more than a set of rules
and regulations, which can respond to a changing society, while
also contributing to that change. Looking specifically at the FJS
as an important and evolving element in the organisation of a
society, with which sociologists, as well as lawyers and family
sociologists are concerned, it explores how an FJS works in
practice, what it tries to do and why. With contributions from the
US, UK, Germany, Netherlands, Switzerland, France, Poland, Japan
and China, this Research Handbook is an internationally relevant
and comprehensive work. The Research Handbook on Family Justice
Systems examines FJS in practice, making it highly pertinent to
researchers, academics, practitioners, government lawyers,
policymakers and government administrators in the fields of
sociology and law with a special interest in family law and the
FJS.
Does a justice system have a welfare function? If so, where does
the boundary lie between justice and welfare, and where can the
necessary resources and expertise be found? In a time of austerity,
medical emergency, and limited public funding, this book explores
the role of the family justice system and asks whether it has a
function beyond decision-making in dispute resolution. Might a
family justice system even help to prevent or minimise conflict as
well as resolving dispute when it arises? The book is divided into
4 parts, with contributions from 22 legal scholars working across
Europe, Australia, Argentina and Canada. - Part 1 looks at what
constitutes a family justice system in different jurisdictions, and
how a welfare element is included in the legal framework. - Part 2
looks at those engaged with a family justice system as
professionals and users, and explores how far private ordering is
encouraged in different countries. - Part 3 looks at new ways of
working within a family justice system and raises the question of
whether the move towards privatisation derives from the intrinsic
value of individual autonomy and acceptance of responsibility in
family disputes, or whether it is also a response to the increasing
burden on the state of providing a welfare-minded family justice
system. - Part 4 explores recent major changes of direction for the
family justice systems of Australia, Argentina, Turkey, Spain, and
Germany.
Does a justice system have a welfare function? If so, where does
the boundary lie between justice and welfare, and where can the
necessary resources and expertise be found? In a time of austerity,
medical emergency, and limited public funding, this book explores
the role of the family justice system and asks whether it has a
function beyond decision-making in dispute resolution. Might a
family justice system even help to prevent or minimise conflict as
well as resolving dispute when it arises? The book is divided into
4 parts, with contributions from 22 legal scholars working across
Europe, Australia, Argentina and Canada. - Part 1 looks at what
constitutes a family justice system in different jurisdictions, and
how a welfare element is included in the legal framework. - Part 2
looks at those engaged with a family justice system as
professionals and users, and explores how far private ordering is
encouraged in different countries. - Part 3 looks at new ways of
working within a family justice system and raises the question of
whether the move towards privatisation derives from the intrinsic
value of individual autonomy and acceptance of responsibility in
family disputes, or whether it is also a response to the increasing
burden on the state of providing a welfare-minded family justice
system. - Part 4 explores recent major changes of direction for the
family justice systems of Australia, Argentina, Turkey, Spain, and
Germany.
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