Do Children Have Rights?
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Table of Contents
CONTENTS Acknowledgements v Contributors ix Introduction 1 MAVIS MACLEAN Part I Framing Family Law 1 Personal Obligations JOHN EEKELAAR 9 2 Basic Values and Family Law in Recent Judgments of the Federal Constitutional Court of Germany WOLFGANG VOEGELI 27 3 Family Values, Friendship Values: Opposition or Continuity? MALGORZATA FUSZARA and JACEK KURCZEWSKI 45 4 The Changing Context for the Obligation to Care and to Earn JANE LEWIS 59 Part II Regulating New Forms of Relationship Between Adults and Children 5 Changing Ways, New Technologies and the Devaluation of the Genetic Connection to Children JULIE SHAPIRO 81 6 Can Co-Parenting be Enforced? Family Law Reform and Family Life in France LAURA CARDIA VONÈCHE and BENOIT BASTARD 95 7 Supporting Conflicted Post-Divorce Parenting KATRIN MUELLER-JOHNSON 107 8 Litigation in the Shadow of Mediation: Supporting Children in Sweden JOHANNA SCHIRATZKI 123 9 Changing Commitments: A Study of Close Kin after Divorce in England CAROL SMART 137 Part III Regulating New Forms of Relationships Between Adults 10 Targeting the Exclusionary Impact of Family Law LISA GLENNON 157 11 Registered Partnerships for Same-Sex Couples in Switzerland: Constructing a New Model of Family Relationships MICHELLE COTTIER 181 viii Contents 12 Same-Sex Relationships in Italy VALERIA MAZZOTTA 201 13 Cohabitation: The Ideological Debate in Spain TERESA PICONTÓ NOVALES 221 Part IV. A Regulating the Relationships Between Adult Children and Elderly Parents 14 Maintenance of the Aged by their Adult Children: an Adequate Legal Institution? JEAN VAN HOUTTE and JEF BREDA 243 15 Obligations of Grown-Up Children to their Elderly Parents: Bulgarian Legislation and Practice VELINA TODOROVA 257 Part IV. -
Satirical Legal Studies: from the Legists to the Lizard
Michigan Law Review Volume 103 Issue 3 2004 Satirical Legal Studies: From the Legists to the Lizard Peter Goodrich Benjamin N. Cardozo School of Law Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Law and Philosophy Commons, Law and Society Commons, Legal Profession Commons, and the Legal Writing and Research Commons Recommended Citation Peter Goodrich, Satirical Legal Studies: From the Legists to the Lizard, 103 MICH. L. REV. 397 (2004). Available at: https://repository.law.umich.edu/mlr/vol103/iss3/1 This Article is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. SATIRICAL LEGAL STUDIES: FROM THE LEGISTS TO THE LIZARD Peter Goodrich* ANALYTICAL TABLE OF CONTENTS INTRODUCTION .................... .............................................. ........ .... ..... ..... 399 I. FRAGMENTA ANTIQUITATIS (THE ENDURING TRADITION) .. 415 A. The Civilian Tradition .......................................................... 416 B. The Sermon on the Laws ......................... ............................. 419 C. Satirical Themes ....................... ............................................. 422 1. Personification .... ............................................................. 422 2. Novelty ....................................... -
Ross and Olivecrona on Rights
Scholarship Repository University of Minnesota Law School Articles Faculty Scholarship 2009 Ross and Olivecrona on Rights Brian H. Bix University of Minnesota Law School, [email protected] Follow this and additional works at: https://scholarship.law.umn.edu/faculty_articles Part of the Law Commons Recommended Citation Brian H. Bix, Ross and Olivecrona on Rights, 34 AUSTL. J. LEG. PHIL. 103 (2009), available at https://scholarship.law.umn.edu/faculty_articles/211. This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in the Faculty Scholarship collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. Ross and Olivecrona on Rights BRIAN H. BIX1 Introduction The Scandinavian legal realists, critically-inclined theorists from Denmark, Norway, and Sweden, who wrote in the early and middle decades of the 20t century,2 are not as widely read as they once were in Britain, and they seemed never to have received much attention in the United States. This is unfortunate, as the work of those theorists, at their best, is as sharp in its criticisms and as sophisticated philosophically as anything written by the better known (at least better known in Britain and the United States) American legal realists, who were writing at roughly the same time. The focus of the present article, Alf Ross and Karl Olivecrona, were arguably the most accessible of the Scandinavian legal realists, with their clear prose, straight- forward style of argumentation, and the availability of a number of works in English. -
The Crisis of Child Custody: a History of the Birth of Family Law in England, 11 Colum
University of Florida Levin College of Law UF Law Scholarship Repository Faculty Publications Faculty Scholarship 1-1-2002 The rC isis of Child Custody: A History of the Birth of Family Law in England Danaya C. Wright University of Florida Levin College of Law, [email protected] Follow this and additional works at: http://scholarship.law.ufl.edu/facultypub Part of the Common Law Commons, Family Law Commons, and the Women Commons Recommended Citation Danaya C. Wright, The Crisis of Child Custody: A History of the Birth of Family Law in England, 11 Colum. J. Gender & L. 175 (2002), available at http://scholarship.law.ufl.edu/facultypub/219 This Article is brought to you for free and open access by the Faculty Scholarship at UF Law Scholarship Repository. It has been accepted for inclusion in Faculty Publications by an authorized administrator of UF Law Scholarship Repository. For more information, please contact [email protected]. THE CRISIS OF CHILD CUSTODY: A HISTORY OF THE BIRTH OF FAMILY LAW IN ENGLAND DANAYA C. WRIGHr Ask-may the victim of a hasty vow Ne'er seek release nor remedy? Ah no! A maiden once enclosed in nuptial ties Must wear herfetters till she sins or dies; And suffer as she may, within these bounds, No curefor sorrows and no balm for wounds. Such finished torture England'scode can boast; A formalframework, which at woman's cost, Flings a disguise o'er ruthless tyranny, And drugs men 's conscience with a special tie. 1 -Harriet Grote (1853) Associate Professor of Law at the University of Florida's Levin College of Law. -
Do Parents Know Best?
international journal of children’s rights 28 (2020) 613-631 brill.com/chil Do Parents Know Best? John Eekelaar Emeritus Fellow, Pembroke College, Oxford, UK [email protected] Abstract While Article 5 of the UN Convention on the Rights of the Child requires states to respect parents’ responsibilities to provide ‘appropriate’ direction and guidance to their children, Article 18 also proclaims that ‘the best interests of the child will be [the parents’] basic concern’. But how can this be done if, as is widely accepted, the “best interests” standard is too indeterminate safely to allow courts to substitute their assess- ment of children’s interests for those of a child’s parents? This reason for privatising such decisions has been reinforced by concerns over the extent of public expenditure on court involvement in and legal aid for such issues, with the possible result of with- drawal of the law from this process. This article argues that there are inherent risks in leaving the arrangements for children of separating parents entirely in the hands of the parents, and considers various ways in which such risks might be reduced. Keywords uncrc Articles 6 and 18 – child arrangements – divorce and separation – best interests of the child – privatisation – de-legalisation 1 Introduction While there is legitimate discussion about what direction and guidance which parents and some others are responsible to provide their children is ‘appro- priate’ and ‘consistent with [their] evolving capacities’ in accordance with Article 5 of the uncrc, Article 18 seems to establish an overall obligation that states shall ‘use their best efforts’ to ensure that, in doing that, ‘the best interests of the child will be [the parents’] basic concern’. -
Fifty Years in Family Law: Essays for Stephen Cretney
FIFTY YEARS IN FAMILY LAW: ESSAYS FOR STEPHEN CRETNEY FIFTY YEARS IN FAMILY LAW ESSAYS FOR STEPHEN CRETNEY Edited by Rebecca Probert Chris Barton Cambridge – Antwerp – Portland Intersentia Publishing Ltd. Trinity House | Cambridge Business Park | Cowley Road Cambridge | CB4 0WZ | United Kingdom Tel.: +44 1223 393 753 | Email: [email protected] Distribution for the UK: Distribution for the USA and Canada: Hart Publishing Ltd. International Specialized Book Services 16C Worcester Place 920 NE 58th Ave. Suite 300 Oxford OX1 2JW Portland, OR 97213 UK USA Tel.: +44 1865 517 530 Tel.: +1 800 944 6190 (toll free) Email: [email protected] Email: [email protected] Distribution for Austria: Distribution for other countries: Neuer Wissenschaft licher Verlag Intersentia Publishing nv Argentinierstraße 42/6 Groenstraat 31 1040 Wien 2640 Mortsel Austria Belgium Tel.: +43 1 535 61 03 24 Tel.: +32 3 680 15 50 Email: offi [email protected] Email: [email protected] Fift y Years in Family Law. Essays for Stephen Cretney Rebecca Probert and Chris Barton (eds.) © 2012 Intersentia Cambridge – Antwerp – Portland www.intersentia.com | www.intersentia.co.uk Cover pictures: left : Th e Divinity School, Postcard of “Th e Divinity School” Ref. UK/CP2067 © Th e Bodleian Libraries, Th e University of Oxford middle: Th e Convocation House, Postcard of “Th e Convocation House” Ref. C274 © Th e Bodleian Libraries, Th e University of Oxford right: Magdalen College, Oxford ©Oxford Picture Library/Chris Andrews ISBN 978-1-78068-052-1 NUR 822 British Library Cataloguing in Publication Data. A catalogue record for this book is available from the British Library. -
Public Law Liberty, the Archetype and Diversity: a Philosophy of Judging
Page1 Public Law 2010 Liberty, the archetype and diversity: a philosophy of judging Terence Etherton Subject: Administration of justice Keywords: Human rights; Integrity; Judicial decision-making; Jurisprudence; Justice; Supreme Court Legislation: Human Rights Act 1998 *P.L. 727 A conscientious judge always wishes to reach the correct decision. It is important for us that the judge does so for we wish to live in a just society. It is usually said to be a critical feature of the advanced liberal democracy, which is Great Britain today, as of other such democracies, that it is governed by the rule of law. There is no fixed meaning to that term,1 but it would at the least carry for most people the idea of law that is ascertainable and consistently and fairly applied. How can we be certain, however, that the correct decision, that is to say, the best possible decision, or at least a legitimate one, has been reached in a case in which different judges of the highest ability, knowledge and sensitivity disagree on the outcome, and either outcome would be regarded by some other judges, lawyers and citizens as correct2 ? We are not so naive as to think that difficult and important legal decisions are merely the result of a process in the nature of an algorithm. Is there, then, an analytical and adjudicative approach that will enable the conscientious judge to be confident that the decision reached is the best possible decision, and certainly a legitimate one, even if judicial colleagues, politicians and other citizens disagree with it? These are not, of course, new questions. -
Finding Fault? Divorce Law and Practice in England and Wales Full Report
Finding Fault? Divorce Law and Practice in England and Wales Full report Liz Trinder, Debbie Braybrook, Caroline Bryson, Lester Coleman, Catherine Houlston, and Mark Sefton www.nuffieldfoundation.org About the authors • Liz Trinder is Professor of Socio-legal Studies at the University of Exeter Law School. • Debbie Braybrook is a Senior Research Officer at One Plus One. • Caroline Bryson is a partner at Bryson Purdon Social Research. • Lester Coleman is Head of Research at One Plus One. • Catherine Houlston is a Senior Research Officer at One Plus One. • Mark Sefton is an independent researcher. About this report This report presents the findings from the Nuffield-funded project to explore how the current law regarding divorce and civil partnership dissolution in England and Wales operates in practice and to inform debate about whether and how the law might be reformed. The report is available to download from www.nuffieldfoundation.org/finding-fault About the Nuffield Foundation The Nuffield Foundation funds research, analysis, and student programmes that advance educational opportunity and social well-being across the United Kingdom. We want to improve people’s lives, and their ability to participate in society, by understanding the social and economic factors that affect their chances in life. The research we fund aims to improve the design and operation of social policy, particularly in Education, Welfare, and Justice. Our student programmes - Nuffield Research Placements and Q-Step - provide opportunities for individual students, particularly those from disadvantaged backgrounds, to develop their skills and confidence in quantitative and scientific methods. We are an independent charitable trust established in 1943 by William Morris, Lord Nuffield, the founder of Morris Motors. -
Nasty Women and the Rule of Law
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of San Francisco Nasty Women and the Rule of Law By ALICE WOOLLEY and ELYSA DARLING* “Such a nasty woman.”1 “There’s just something about her that feels castrating, overbear- ing, and scary.”2 “She undoubtedly suffered in the trial . but she was not likable.”3 “Marie Henein is a successful female lawyer at the top of her pro- fession. Total bitch.”4 “Not a feminist.”5 Introduction NO ONE ENTERS THE LEGAL PROFESSION expecting social pop- ularity—or, at least, no one should.6 But recent events create the im- * Alice Woolley is Professor of Law at the Faculty of Law, University of Calgary, and President of the International Association of Legal Ethics. Elysa Darling graduated from the University of Calgary in 2016, and currently practices law in Calgary. The authors would like to thank Amy Salyzyn and Alex Darling for their helpful comments and feedback, and Joshua Davis and the University of San Francisco School of Law for including this paper in the 2017 Workshop on Jurisprudence and Legal Ethics. 1. Daniella Diaz, Trump calls Clinton ‘a nasty woman’, CNN (Oct. 20, 2016), http:// www.cnn.com/2016/10/19/politics/donald-trump-hillary-clinton-nasty-woman [https:// perma.cc/U94K-H8L3]. 2. Yvonne A. Tamayo, Rhymes with Rich: Power, Law and the Bitch, 21 ST. THOMAS L. REV. 281, 286 (2009) (quoting Tucker Carlson on Hillary Clinton during her 2007-2008 run for the Democratic presidential nomination). 3. -
Improving Implementation of the Federal Adoption Assistance and Child Welfare Act of 1980 by Judge Leonard P
Improving Implementation of the Federal Adoption Assistance and Child Welfare Act of 1980 By Judge Leonard P. Edwards1 Introduction The Adoption Assistance and Child a child from a parent's or guardian's Welfare Act of 1980' ("Act") significantly custody. changed child welfare law in the United This monitoring is a significant re- States. Of particular importance, the sponsibility for judges. Juvenile court Act created responsibilities for juvenile judges are already the gatekeepers for court judges, making them an integral the nation's child welfare system. State part of the operation of the law. Al- law requires them to decide the pr-opri- though the Act has been in effect for ety of social service agency removal of well over a decade, it is still misunder- a child from parental custody. The fed- stood and often ignored. eral statute and state implementing stat- This article examines the implemen- utesqave designated juvenile court tation of the Act and the reasons why it judges as the monitors of social service is not working as well as it might. It of- delivery to these same parents. fers technical assistance to judges, court Through child welfare court hearings, administrators, social service agencies, the juvenile court must determine attorneys and other interested persons whether the social service agency has regarding the Act's implementation. It made "reasonable efforts" to prevent focuses upon the judicial oversight of foster care placement or to rehabilitate abused and neglected children when and safely reunite families of children they are removed from parental cus- already in pla~ement.~ tody. The premises of this paper are that In these court proceedings, the stakes many social service agencies do not ef- are high by both human and fiscal mea- fectively deliver preventive and reuni- sures. -
Book Reviews
THE INTERNATIONAL JOURNAL OF CHILDREN’S RIGHTS International Journal of Children’s Rights 19 (2011) 705–713 brill.nl/chil Book Reviews Emily Buss and Mavis Maclean, Th e Law and Child Development , Farnham: Ashgate, 2010. 491 + XXV pages. ISBN 978-0-7546-2811-8. £145.00 (hb). Th is is the second volume in Ashgate’s Library of Essays in Child Welfare and Development (the fi rst was reviewed in this journal in volume 17(3) – see Freeman, 2009 ). Were it not for the prohibitive price, this volume would fi nd its way to many student reading lists straight away. We are off ered 15 selected papers on the contribution that legal scholarship can make to understanding the role of law in the care and development of chil- dren. Some of the essays will be new to readers of this journal: others are already classics and regularly cited. A theme which emerges is the limit of eff ective legal action when children’s interests are in issue. Th ere is one essay on Australia: the remainder are about the English and U.S. legal systems. It is a pity that the emphasis is so Anglo-American: an article or two from Scandinavia or mainland civilian Europe would have off ered a fresh perspective. Th e papers most likely to appeal to readers of this journal are those that focus most specifi cally on children’s interests – those by Eekelaar, Reece and Mnookin. But there will not be many working in children’s rights not already familiar with these papers. -
Family Law | University College London
09/25/21 LAWS3010: Family Law | University College London LAWS3010: Family Law View Online [1] A Diduck 2014. Autonomy and Vulnerability in family law: the missing link. Vulnerabilities, care and family law. J.A. Wallbank and J. Herring, eds. Routledge. [2] Alison Diduck 1995. The Unmodified Family: The Child Support Act and the Construction of Legal Subjects. Journal of Law and Society. 22, 4 (1995), 527–548. [3] Altman, S. 2003. A Theory of Child Support. International Journal of Law, Policy and the Family. 17, 2 (Aug. 2003), 173–210. DOI:https://doi.org/10.1093/lawfam/17.2.173. [4] Anitha, S. and Gill, A. 2009. Coercion, Consent and the Forced Marriage Debate in the UK. Feminist Legal Studies. 17, 2 (Aug. 2009), 165–184. DOI:https://doi.org/10.1007/s10691-009-9119-4. [5] Archard, D. 2003. Children, family, and the state. Ashgate. [6] Archard, D. 2004. Children: Rights and Childhood. Taylor and Francis. 1/59 09/25/21 LAWS3010: Family Law | University College London [7] Auchmuty, R. 2008. What’s so special about marriage? The Impact of Wilkinson v Kitzinger. Child and family law quarterly. 20, 4 (2008). [8] Bainham, A. 2003. Children and their families: contact, rights and welfare. Hart. [9] Bamforth, N. 2007. The benefits of marriage in all but name? Same sex couples and the Civil Partnership Act 2004. Child and family law quarterly. 19, 2 (2007). [10] Barker, N. 2012. Not the marrying kind: a feminist critique of same-sex marriage. Palgrave Macmillan. [11] Barlow, A. 2005. Cohabitation, marriage and the law: social change and legal reform in the 21st century.