Author: John Eekelaar Publisher: Oxford University Press ISBN: 0191566462 Category : Law Languages : en Pages :
Book Description
How should our most intimate personal relationships be governed in a liberal society? Should the state encourage a particular model of family life, or support individuals in their pursuit of personal happiness? To what extent do people have the right to shape the lives of their offspring? This book examines the questions at the heart of family law, rethinking the ideas that shape our understanding of the family as a social unit, its purpose, and the obligations and rights that belong to family members. The book explores how the governance of personal relationships has depended on the exercise of power, from the traditional assumptions of patriarchy, where the male head of the family enjoyed full control over his dependents and descendents, to the ideology of welfarism, where state institutions protect the interests of the vulnerable at the expense of their close relations. Emerging from these conflicting ideologies comes today's rights-based culture, where traditional expectations for behaviour within a family sit within a new emphasis on the ability of minorities and traditional dependents to determine the shape of their own lives. Against this background of shifting power relations, the book explores the interrelationship between the legal regulation of people's personal lives and the values of friendship, truth, respect and responsibility. In doing this, a variety of controversial issues are examined in the light of those values: including the legal regulation of gay and unmarried heterosexual relationships; freedom of procreation; state supervision over the exercise of parenthood; the role of fault in divorce law; the way parenthood is allocated; the rights and responsibilities of parents to control their children; the place of religion in the family; the rights of separated partners regarding property and of separated parents regarding their children. Throughout, the book offers a new picture of the intimacy at the centre of personal relationships and argues that only by understanding this intimacy, and its role in human happiness, can we arrive at a true framework for respecting, and governing, the personal lives of other people.
Author: John Eekelaar Publisher: Oxford University Press ISBN: 0192543830 Category : Law Languages : en Pages : 208
Book Description
Developments in the law, scholarship, and research since 2006 form a substantial part of the second edition of this book which sets the governance of personal relationships in the context of the exercise of social and personal power. Its central argument is that this power is counterbalanced by the presence of individual rights. This entails an analysis of the nature and deployment of rights, including human rights, and children's rights. Against that background, the book examines the values of friendship, truth, respect, and responsibility, and how the values of individualism co-exist with those of the community in an open society. It argues that central to these values is respecting the role of intimacy in personal relationships. In doing this, a variety of issues are examined, including the legal regulation of married and unmarried relationships, same-sex marriage, state supervision over the inception and exercise of parenthood (including surrogacy and assisted reproductive technology), the role of fault and responsibility in divorce law, children's rights and welfare, religion and family rights, the rights of separated partners regarding property and of separated parents regarding their children, and how states should respond to cultural diversity.
Author: Benjamin Law Publisher: Black Inc. ISBN: 1921870354 Category : Biography & Autobiography Languages : en Pages : 242
Book Description
Writer and columnist Benjamin Law revisits his joyous and much-loved family memoir, spilling the tea on his family's latest antics The book that inspired the major SBS television series! Meet the Law family – eccentric, endearing and hard to resist. Your guide is Benjamin, the third of five children and a born humourist. Join him as he tries to answer some puzzling questions. Why won't his Chinese dad wear made-in-China underpants? Why was most of his extended family deported in the 1980s? Will his childhood dreams of Home and Away stardom come to nothing? What are his chances of finding love? In this updated edition with a new chapter, Benjamin Law fills us in on his family's antics from the past decade. ‘Benjamin Law manages to be scatagogical, hilarious and heartbreaking all at the same time. Every sentence fizzes like an exploding fireball of energy.’—Alice Pung ‘A vivid, gorgeously garish, Technicolour portrait of a family. It's impossible not to let oneself go along for the ride and emerge at the book's end enlightened, touched, thrilling with laughter.’—Marieke Hardy ‘The eccentric, clever and beautifully resonant The Family Law. It's sharply written, brilliantly observed and infused with an authenticity that makes it compelling.’ —Saturday Age ‘Very funny...you may find yourself at times almost barking with laughter’ —The Monthly ‘Law is a writer of great wit and warmth who combines apparently artless and effortless comedian's patter with a high level of technical skill.’ —Sydney Morning Herald ‘Simultaneously weird and instantly recognisable, the Laws are an Australian family it's well worth getting to know’ —The Enthusiast ‘Wonderful. Everyone should run to their nearest bookshop and buy a copy.’ —Defamer ‘An addictive read.’ —Courier-Mail
Author: Joanna L. Grossman Publisher: Princeton University Press ISBN: 1400839777 Category : Law Languages : en Pages : 456
Book Description
A comprehensive social history of families and family law in twentieth-century America Inside the Castle is a comprehensive social history of twentieth-century family law in the United States. Joanna Grossman and Lawrence Friedman show how vast, oceanic changes in society have reshaped and reconstituted the American family. Women and children have gained rights and powers, and novel forms of family life have emerged. The family has more or less dissolved into a collection of independent individuals with their own wants, desires, and goals. Modern family law, as always, reflects the brute social and cultural facts of family life. The story of family law in the twentieth century is complex. This was the century that said goodbye to common-law marriage and breach-of-promise lawsuits. This was the century, too, of the sexual revolution and women's liberation, of gay rights and cohabitation. Marriage lost its powerful monopoly over legitimate sexual behavior. Couples who lived together without marriage now had certain rights. Gay marriage became legal in a handful of jurisdictions. By the end of the century, no state still prohibited same-sex behavior. Children in many states could legally have two mothers or two fathers. No-fault divorce became cheap and easy. And illegitimacy lost most of its social and legal stigma. These changes were not smooth or linear—all met with resistance and provoked a certain amount of backlash. Families took many forms, some of them new and different, and though buffeted by the winds of change, the family persisted as a central institution in society. Inside the Castle tells the story of that institution, exploring the ways in which law tried to penetrate and control this most mysterious realm of personal life.
Author: Walter Wadlington Publisher: ISBN: Category : Law Languages : en Pages : 260
Book Description
Law school casebook intended as an introduction to the field of family law, both at the abstract level of theory and at the concrete level of doctrine. It is an introduction as much for experienced lawyers and scholars who come to this field with a thorough knowledge of other aspects of the law as for law students who have just begun preparing for their careers.
Author: Michael M. Sheehan Publisher: University of Toronto Press ISBN: 9780802081377 Category : History Languages : en Pages : 372
Book Description
A collection of essays by Michael Sheehan, whose work and interpretation on medieval property, marriage, family, sexuality, and law has insprired scholars for 40 years.
Author: Tracy A. Thomas Publisher: NYU Press ISBN: 081478304X Category : Law Languages : en Pages : 325
Book Description
"Thomas explores Stanton's philosophies and proposals for women's equality in marriage, divorce, and maternity, and reveals that the campaigns for equal gender roles in the family from the 1960's and '70's had nineteenth-century roots. Applying feminist legal theory, Thomas argues that Stanton's positions on family equality were strikingly progressive, providing parallels and solutions to the issues confronting women today."--Provided by publisher.
Author: Narendra Subramanian Publisher: Stanford University Press ISBN: 0804790906 Category : Political Science Languages : en Pages : 400
Book Description
The distinct personal laws that govern the major religious groups are a major aspect of Indian multiculturalism and secularism, and support specific gendered rights in family life. Nation and Family is the most comprehensive study to date of the public discourses, processes of social mobilization, legislation and case law that formed India's three major personal law systems, which govern Hindus, Muslims, and Christians. It for the first time systematically compares Indian experiences to those in a wide range of other countries that inherited personal laws specific to religious group, sect, or ethnic group. The book shows why India's postcolonial policy-makers changed the personal laws they inherited less than the rulers of Turkey and Tunisia, but far more than those of Algeria, Syria and Lebanon, and increased women's rights for the most part, contrary to the trend in Pakistan, Iran, Sudan and Nigeria since the 1970s. Subramanian demonstrates that discourses of community and features of state-society relations shape the course of personal law. Ruling elites' discourses about the nation, its cultural groups and its traditions interact with the state-society relations that regimes inherit and the projects of regimes to change their relations with society. These interactions influence the pattern of multiculturalism, the place of religion in public policy and public life, and the forms of regulation of family life. The book shows how the greater engagement of political elites with initiatives among the Hindu majority and the predominant place they gave Hindu motifs in discourses about the nation shaped Indian multiculturalism and secularism, contrary to current understandings. In exploring the significant role of communitarian discourses in shaping state-society relations and public policy, it takes "state-in-society" approaches to comparative politics, political sociology, and legal studies in new directions.
Author: John Eekelaar Publisher: Oxford University Press, USA ISBN: Category : Domestic relations Languages : en Pages : 416
Book Description
Family law is without doubt one of the most interesting and challenging areas of the modern legal syllabus, combining a high level of social science theory with substantive law on matters as diverse as the rights of children, surrogate parenthood, adoption, domestic violence and the financial consequences of divorce. In this edited collection of key texts law is shown to be one of the most important factors in shaping and regulating contemporary family life, from defining 'what is a family' through to intervening to protect and enforce the right of individual family members. Given the importance of family life and family values, law and the family has become a highly sensitive political issue, and this richly varied collection underscores the value of a contextual approach, and the importance of empirical research, to the shaping of family law.
Author: John Eekelaar
Author: John Eekelaar
Author: Benjamin Law
Author: Sanford N. Katz
Author: Joanna L. Grossman
Author: Walter Wadlington
Author: Michael M. Sheehan
Author: Tracy A. Thomas
Author: Narendra Subramanian
Author: John Eekelaar