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Delivering Family Justice in the 21st Century
Family justice requires not only a legal framework within which personal obligations are regulated over the life course, but also a justice system which can deliver legal information, advice and support at times of change of status or family stress, together with mechanisms for negotiation, dispute management and resolution, with adjudication as the last resort. The past few years have seen unparalleled turbulence in the way family justice systems function. These changes are associated with economic constraints in many countries, including England and Wales, where legal aid for private family matters has largely disappeared. But there is also a change in ideology in a number of jurisdictions, including Canada, towards what is sometimes called neo-liberalism, whereby the state seeks to reduce its area of activity while at the same time maintaining strong views on family values. Legal services may become fragmented and marketised, and the role of law and lawyers reduced, while self-help web based services expand. The contributors to this volume share their anxieties about the impact on the ability of individuals to achieve fair and informed resolution in family matters.
Family Law
Papers from the 10th International Society of Family Law Conference covering the resolution of disputes and current pressures on family law.
Family Mediation in Europe
The conference brought together over 350 people with a professional interest in family mediation. The Council of Europe recommendation R 98 (1) encourages member states to introduce, promote and strengthen family mediation as an appropriate process for the resolution of family disputes, particularly those involving children in marital separation and divorce. The Conference proposed increasing promotion of mediation; assistance for cross-border mediation, training and accreditation of family mediators; assisting states to adopt family law practices that reduce family disputes.
Children, Autonomy and the Courts
In this book Aoife Daly argues that where courts decide children’s best interests (for example about parental contact) the UN Convention on the Rights of the Child's "right to be heard" is insufficient, and autonomy should instead be the focus. Global law and practice indicate that children are regularly denied due process rights in their own best interest proceedings and find their wishes easily overridden. It is argued that a children’s autonomy principle, respecting children’s wishes unless significant harm would likely result, would ensure greater support for children in proceedings, and greater obligations on adults to engage in transparent decision-making. This book is a call for a reconceptualisation of the status of children in a key area of children’s rights.
Family Law and the Indissolubility of Parenthood
There are few areas of public policy in the Western world where there is as much turbulence as in family law. Often the disputes are seen in terms of an endless war between the genders. Reviewing developments over the last 30 years in North America, Europe and Australasia, Patrick Parkinson argues that, rather than just being about gender, the conflicts in family law derive from the breakdown of the model on which divorce reform was predicated in the late 1960s and early 1970s. Experience has shown that although marriage may be freely dissoluble, parenthood is not. Dealing with the most difficult issues in family law, this book charts a path for law reform that recognizes that the family endures despite the separation of parents, while allowing room for people to make a fresh start and prioritizing the safety of all concerned when making decisions about parenting after separation.
House Rules
The paradigm of family has shifted rapidly and dramatically, from nuclear unit to diverse constellations of intimacy. At the same time, some norms resist change, such as women’s continuing role as primary care providers despite their increased uptake of paid work. This tension between transformation and stasis in family arrangements has an impact on economic, emotional, and legal aspects of daily life. House Rules critically explores the intertwining of norms and laws that govern familial relationships. This incisive collection provides tools to analyze those difficulties and, ultimately, to design laws to better respond to ongoing change and avoid entrenching inequalities.
The Powers of Law
García-Villegas compares the scholarship on the relationship between law, political power, and society in the United States and France.
State of Shame
A fictional novel based on a true story: Governor George Stubbs and Senate President Ed Bradovich move into their respective offices as the Atlantic City forces seek casino gambling legislation from their state. Their two assistants, Steve McCabe and Bob Miller become conduits for official corruption. Bradovich takes a payoff through Miller from a casino interest. The governor is involved in vote buying and extortion of a coal mine owner. Dee Adams becomes Miller's love interest even though she is a mole for the U.S. Attorney's office. She is mysteriously found dead after some Senators express a fear of her contacts. The Governor takes another extortion step in promising to pardon the coal m...
