This new text, cases and materials text on family law provides not only an explication of legal principle but also explores, primarily from a feminist perspective, some of the assumptions relating to gender, sexual orientation, class and culture underlying the law. It examines the ideology of the family and, in particular, the role of the law in contributing to and reproducing that ideology. Structured around the themes of welfare, equality and family privacy, the book aims to offer the benefits of a textbook while also giving students a wide-ranging set of materials for classroom discussion, using the case method to demonstrate how various issues might be resolved. As well as providing a firm grounding in family law, the text sets the law in its social and historical context and encourages a critical approach by students to the subject. It provides an ideal introduction to family law for undergraduates, but will be equally helpful for postgraduate students of family law for whom it provides a challenging set of materials accompanied by a theoretically rich set of ideas and arguments.
While in the past family life was characterised as a "haven from the harsh realities of life", it is now recognised as a site of vulnerabilities and a place where care work can go unacknowledged and be a source of social and economic hardship. This book addresses the strong relationships that exist between vulnerability and care and dependency in particular contexts, where family law and social policy have a contribution to make. A fundamental premise of this collection is that vulnerability needs to be analysed in a way that gets at the heart of the differential power relationships that exist in society, particularly in respect of access to family justice, including effective social policy and law targeted at the specific needs of families in mutually dependent caring relationships. It is therefore crucial to critically examine the various approaches taken by policy makers and law reformers in order to understand the range of ways that some families, and some family members, may be rendered more vulnerable than others. The first book of its kind to provide an intersectional approach to this subject, Vulnerabilities, Care and Family Law will be of interest to students and practitioners of social policy and family law.
What does it mean to speak of ‘men’ as a gender category in relation to law? How does law relate to masculinities? This book presents the first comprehensive overview and critical assessment of the relationship between men, law and gender; outlining the contours of the ‘man’ of law across diverse areas of legal and social policy. Written in a theoretically informed, yet accessible style, Men, Law and Gender provides an introduction to the study of law and masculinities whilst calling for a richer, more nuanced conceptual framework in which men’s legal practices and subjectivities might be approached. Building on recent sociological work concerned with the relational nature of gender and personal life, Richard Collier argues that social, cultural and economic changes have reshaped ideas about men and masculinities in ways that have significant implications for law. Bringing together voices and disciplines that are rarely considered together, he explores the way ideas about men have been contested and politicised in the legal arena. Including original empirical studies of male lawyers, the legal profession and fathers’ rights and law reform, alongside discussions of university law schools and legal academics, and family policy and parenting cultures, this innovative, timely and important text provides a unique and important insight into the relationship between law, men and masculinities. It will be required reading for academics and students in law and legal theory, socio-legal studies, gender studies, sociology and social policy, as well as policy-makers and others concerned with the changing nature of gender relations.
DIVCollection of essays which compares the gendered aspects of state formation in Latin Ameri can nations and includes new material arising out of recent feminist work in history, political science and sociology./div
There has been a widespread resurgence of rights talk in social and legal discourses pertaining to the regulation of family life, as well as an increase in the use of rights in family law cases, in the UK, the US, Canada and Australia. Rights, Gender and Family Law addresses the implications of these developments – and, in particular, the impact of rights-based approaches upon the idea of welfare and its practical application. There are now many areas of family law in which rights and welfare based approaches have been forced together. But whilst, to many, they are premised upon different ethics – respectively, of justice and of care – for others, they can nevertheless be reconciled. In this respect, a central concern is the 'gender-blind' character of rights-based approaches, and the ontological and practical consequences of their employment in the gendered context of the family. Rights, Gender and Family Law explores the tensions between rights-based and welfare-based approaches: explaining their differences and connections; considering whether, if at all, they are reconcilable; and addressing the extent to which they can advantage or disadvantage the interests of women, children and men. It may be that rights-based discourses will dominate family law, at least in the way that social policy and legislation respond to calls of equality of rights between mothers and fathers. This collection, however, argues that rights cannot be given centre-stage without thinking through the ramifications for gendered power-relations, and the welfare of children. It will be of interest to researchers and scholars working in the fields of family law, gender studies and social welfare.
This book explores the intersecting issues relating the phenomenon of ageing to gender and family law. The latter has tended to focus mainly on family life in young and middle age; and, indeed, the issues of childhood and parenting are key in many family law texts. Family life for older members has, then, been largely neglected; addressing this neglect, the current volume explores how the issues which might be important for younger people are not necessarily the same as those for older people. The significance of family, the nature of family life, and the understanding of self in terms of one’s relationships, tend to change over the life course. For example, the state may play an increasing role in the lives of older people – as access to services, involvement in work and the community, the ability to live independently, and to form or maintain caring relationships, are all impacted by law and policy. This collection therefore challenges the standard models of family life and family law that have been developed within a child/parent-centred paradigm, and which may require rethinking in the turn to family life in old age. Interdisciplinary in its scope and orientation, this book will appeal not just to academic family lawyers and students interested in issues around family law, ageing, gender, and care; but also to sociologists and ethicists working in these areas.
Human Rights and Legal Pluralism opens with an article on how to integrate human rights into customary and religious legal systems. It then offers a special study of the issue in a "tribal" women's forum in South Rajastan, India; in customary justice in post-conflict Sierra Leone; in indigenous justice systems in Latin America; and in deep legal pluralism in South Africa. (Series: The Journal of Legal Pluralism and Unofficial Law - Vol. 60)
Law and Faith in a Sceptical Age is an analysis of the legal position of religious believers in a dominantly secular society. Great Britain is a society based upon broadly liberal principles. It claims to recognise the needs of religious believers and to protect them from discrimination. But whilst its secular ideology pervades public discourse, the vestigial remains of a Christian, Protestant past are seen in things as varied as the structure of public holidays and the continued existence of established churches in both England and Scotland. Religious, Christian values also form the starting point for legal rules relating to matters such as marriage. Active religious communities constitute a very small minority of the population; however, those who belong to them often see their religion as being the most important element of their identity. Yet the world-view of these communities is frequently at odds with both the prevailing liberal, secular climate of Great Britain and its Christian, Anglican past. This necessarily entails a clash of ideologies that puts in question the secular majority's claim to want to protect religious minorities, the possibility of it being able to sufficiently understand the needs of those minorities and the desirability or practicality of any accommodation between the needs of the various religious communities and the secular mainstream of society. Law and Faith in a Sceptical Age addresses these issues by raising the question of whether a liberal, secular state can protect religion. Accommodation to different religious traditions forms part of the history of the legal systems of Britain. This book asks whether further accommodation can and should be made.
Dante is one of the towering figures of medieval European literature. Yet many riddles and questions about him persist. By re-reading Dante with an open mind, Barbara Reynolds made remarkable discoveries and unlocked previously hidden secrets about this greatest of Florentine poets. A fundamental enigma has tantalised readers of the 'Commedia' for seven centuries. Who was the leader prophesied by Virgil and Beatrice to bring peace to the world? Many attempts have been made to identify him, but none has seemed conclusive - until now. As well as proposing a solution to the famous prophecies, this lively, engaging and elegantly-written biography contains a provocative new idea in virtually every chapter. Dr Reynolds' research indicates that Dante smoked cannabis to reach new heights of creativity. That Beatrice, Dante's great love, was not who most scholars think she was. That Dante was a talented public speaker, who created a quite new form of poetic art, holding audiences spellbound. Above all, Reynolds views Dante as one of the greatest spin-doctors of Western civilization. His aim was not to preach an interesting parable about punishments for sin and rewards for virtue. It was to use poetry to change the politics of the age, and unite Europe around the secular authority of an Emperor. To promote this idea, which dominated his writings from his exile onwards, Dante combined it with a dramatic presentation of the Christian belief in Hell, Purgatory and Heaven. Vividly told in the first person, with a colour and immediacy derived from the pop art of street narrators - now made to seem respectable by its use of classical predecessors like Virgil - this extraordinary journey through the three realms was always profoundly political in intent. Dante here comes alive as never before: irate, opinionated, settling scores - a man of mutifaceted gifts and extraordinary genius, whose role as an interpreter of world history makes him more than ever relevant to the new millennium.