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The gap between what the law and legal processes deliver for victims of domestic abuse and what they actually need has, in some instances, arguably widened. This book provides the reader with a thorough understanding of the remedies available to victims in the civil, family and criminal law. It contends that expectations of the legal remedies have increased as the number and scope of remedies has proliferated. It further examines how legal responses to domestic abuse have evolved over the past decade and explores how the victim’s rights narrative and associated litigation, which has become prevalent in legal discourse and criminal justice reforms, has shifted expectations and impacted domestic abuse policy and law. The book presents a valuable addition to the literature in drawing on a discourse familiar to those with an interest in human rights, demonstrating its impact on a substantive area of law of great significance to both family and criminal lawyers and anyone with an interest in domestic abuse and legal responses.
This book aims to examine legal responses to domestic violence in a holistic way. In England and Wales, as in other jurisdictions, much attention has been paid to the criminal justice response to domestic violence. The response of the civil justice system has not been ignored, but has been somewhat marginalized. Legal Responses to Domestic Violence takes a systematic approach to examining legal responses, encompassing the full range of decision makers within the legal system to analyze developments in substantive law and practice, in particular the movement towards an integrated justice approach.
The aim of this book is to explain in clear terms some of the main methodological approaches in legal research. This is an edited collection, with each chapter written by specialists in their field, researching in a variety of jurisdictions. Each contributor addresses the topic of "lay decision makers in the legal system" from one particular methodological perspective, explaining how they would approach the issue and discussing why their particular method might, or might not, be suited to this topic. In asking all contributors to focus on the same topic, the editors have sought to provide a common link throughout the text, thereby providing the reader with an opportunity to draw comparisons between methods with relative ease. In light of the broad geographical range of its contributors, the book is aimed at an international readership. This book will be of particular interest to PhD students in law, but it will also be of use to undergraduate dissertation students in law, LL.M Research students as well as prospective PhD students and early year researchers.
A wide variety of problem-solving courts have been developed in the United States over the past two decades and are now being adopted in countries around the world. These innovative courts--including drug courts, community courts, domestic violence courts, and mental health courts--do not simply adjudicate offenders. Rather, they attempt to solve the problems underlying such criminal behaviors as petty theft, prostitution, and drug offenses. Legal Accents, Legal Borrowing is a study of the international problem-solving court movement and the first comparative analysis of the development of these courts in the United States and the other countries where the movement is most advanced: England,...
In developing her conception of structural injustice, Iris Marion Young made a strict distinction between large-scale collective injustice that results from the normal functions of a society, and the more familiar concepts of individual wrong and deliberate state repression. Her ideas have attracted considerable attention in political philosophy, but legal theorists have been slower to consider the relation between structural injustice and legal analysis. While some forms of vulnerability to structural injustice can be the unintended consequences of legal rules, the law also has potential instruments to alleviate some forms of structural injustice. Structural Injustice and the Law presents t...
Over the past decades, the field commonly known as comparative law has significantly expanded. The multiplication of journals, the proliferation of scholarship and the creation of courses or summer schools specifically devoted to comparative law attest to its increasing popularity. Within the Western legal tradition, a traditional, black-letter approach to law has proved particularly authoritative. This co-authored book rethinks comparative law’s mainstream model by providing both students and lawyers with the intellectual equipment allowing them to approach any foreign law in a more meaningful way.
This title has been written with a very simple aim in mind - to provide a text which will enable the English legal system to be taught as an interesting, intellectually stimulating course.
Public International Law: A Multi-Perspective Approach is a comprehensive yet critical introduction to the diverse field of public international law. Bringing together a unique range of perspectives from around the world and from different theoretical approaches, this textbook introduces both the overarching questions and doctrines of public international law, as well as the specialised sub-fields. These include emerging fields such as international law in cyberspace, international migration law, and the international climate regime. The book includes numerous case examples, references to debates and controversies in the literature, and focus sections addressing topics in more depth. Featuri...
In the face of apparently rampant individualism, there has been a steady call for a return to community and tradition, particularly in religious communities and in recent Christian theology and ethics. The form of contemporary life upheld by modern ideals like freedom and universalism, the story goes, turns out to divide people from each other and from the communal sources of our traditionally moral values. But the call to community too often confuses individualism with individuality, assuming that any appeal to individuality as a value or ideal is a rejection of communal goods, rather than a mode of promoting those goods. What's necessary now is a recovery of the individual that understands individuality to serve community, even in resistance to it. In Transforming Faith, Joshua Daniel offers a fresh reading of H. Richard Niebuhr's theological ethics that provides an account of individuality and individual creativity as both the fruits and reformers of community. What is theologically at stake in Daniel's reconstructive interpretation is the human's existentially resonant relation with God and the christological revitalization of our symbolic and virtuous activity.
This insightful Research Handbook provides a global perspective on key legal debates surrounding marriage and cohabitation. Bringing together an impressive array of established and emerging scholars, it adopts a comparative approach to analyse cross-jurisdictional trends and divergences in relationship recognition and family formation.