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This book provides a comprehensive and detailed overview of the jurisprudence of the European Court of Human Rights as it relates to children. Covering areas including juvenile justice, the immigration system, and education and religion, as well as family life, child protection, and adoption, it undertakes a comprehensive examination of the way in which the Court has approached the rights of children, both in relation to their parents and in relation to the state. In doing so, it tracks the evolution of the Court’s treatment of children’s rights, from its inauspicious and paternalistic beginnings to an emerging recognition of children’s individual agency.

This book examines ways in which the law relates to children, from private law (torts, contracts, property, child labor, and emancipation) to public law (First Amendment rights of children in school, abortion decision-making for children, school discipline, compulsory school attendance, and regulation of obscenity). The book discusses the major Supreme Court decisions involving the parent-child-state relationship. The book describes issues of medical decision-making for children, personal freedoms of children, and property entitlements of children, and addresses issues that arise in the educational context, or “school law.” The book also covers child neglect and abuse, and summarizes major Supreme Court cases in the juvenile justice area, discussing the broad jurisdiction of the juvenile court, arrest and search and seizure as they apply to children, and police interrogation of children. Finally, the book examines how some cases are prosecuted as criminal cases in adult court, issues related to the adjudicatory process (akin to the trial in adult court), and issues related to disposition in juvenile court (akin to the sentencing phase of criminal proceedings).

This book is a comprehensive analysis of common law marriage. Part I provides a cultural and historical history of the subject, from Ancient Roman Law to Medieval Canon Law, and analyzes the reception of the doctrine in the United States. The current law concerning common law marriage is extremely complex and uncertain. By analyzing more than 2,000 American cases, Part II of the book is intended to be a legal guide for courts, public authorities and law firms dealing with common law marriage cases. It discusses the legal requirements for the establishment of a common law marriage as to capacity, contract, implied agreement, cohabitation and holding out, burdens of proof, and presumptions. Choice of law rules in all American jurisdictions are analyzed. One of the greatest challenges that family law today faces in the Western World is the decreasing rate of marriage and the increasing number of unmarried cohabiting couples. Part III conducts from historical, comparative, and sociological perspectives a legal policy discussion concerning the future of common law marriage and the modern cohabitation law. It contains a comparison of both the judicial and legislative developments in the United States, Northern and Western Europe, Canada, Australia, and New Zealand. With no predetermined agenda or bias, arguments are presented and discussed to give legislators and policymakers a basis for their considerations. Different legal constructions are discussed and a new model of marriage is presented.

This book, the second of two volumes, considers the rules which apply where a person dies either without leaving a valid will, or leaving a will which fails to dispose of all of the person's assets. Among the questions considered are the following. What is the nature of the rules for the disposal of the deceased's assets? Are they mechanical or is there an element of discretion? Are particular types of property dealt with in particular ways? Is there entitlement to individual assets (as opposed to money)? Do the rules operate a parentelic system or a system of some other kind? Are spouses treated more favourably than children? What provision is made for extra-marital children, for adopted children, for step-children? Does cohabitation give rise to entitlement? How are same-sex couples treated? Broader questions also arise of a historical and comparative nature. Where, for example, do the rules in intestate succession come from in particular legal systems? Have they been influenced by the rules in other countries? How are the rules explained and how are they justified? To what extent have they changed over time? What are the long-term trends? And finally, are the rules satisfactory, and is there pressure for their reform? As in the previous volume, the focus is on Europe, and on countries which have been influenced by the European experience such as Australia, New Zealand, South Africa, the United States of America, Quebec, and the countries of Latin America. A further chapter is devoted to Islamic Law. The book opens with a chapter on Roman law and concludes with an assessment of the overall development of the law in the countries surveyed, and with some wider reflections on the nature and purpose of the law of intestate succession.

The Protection of Women from Domestic Violence Act, 2005 (PWDVA) was enacted following a concerted campaign by the Indian women’s movement. The Lawyers Collective authored the law in consultation with women’s groups from across the country. Contributors to this volume address critical and hitherto less addressed areas pertaining to domestic violence and the law in India. The volume is divided into three parts. Part I includes chapters that cover the nature of structural inequality that perpetuates and condones domestic violence as a lesser ‘wrong’ or ‘crime’ and present the historical background to the fight against domestic violence in India, focusing on legislative developments. Part II presents essays around critical issues such as ‘right to residence’, marital rape, rights of cohabitees or ‘relationship in the nature of marriage’, secular nature of the PWDVA and its harmonious existence with personal law and criminal law. Analyses in this section reflect international standards in addressing domestic violence and present in-depth debates. Research studies in Part III engage with the expectations from the PWDVA and its enforcement through analysis of court orders that indicate the nature of relief sought by women, forms of domestic violence complained against, orders passed by courts and the multiagency response system created under the PWDVA, indicating the nature of services available to the domestic violence survivors. Areas where the PWDVA has been successful in providing protection and relief from domestic violence have been presented alongside challenges yet to be overcome, such as response mechanisms and budgetary constraints in its implementation.

This contribution to comparative family law brings together chapters on a comprehensive range of issues in family law in the United States and England, showing how they stand at the beginning of the new century and how they reached there. This provides an opportunity to examine how family law has reacted to a period of change in family life widely held to be without precedent. The legal analyses are set within critical accounts of wider social and family policy and against a fully explored demographic background provided by leading scholars in these areas. Readers will be challenged to understand the nature of family law and its possible future direction.

The book explores a significant episode of Indian social history, the Hindu Code Bill controversy that stirred the Indian social consciousness in the mid-twentieth century. Revisiting the communicative processes surrounding the reform of Hindu customary laws relating to marriage, divorce, succession, adoption, and maintenance, the book provides an in-depth account of the intense debate that took place in and outside the legislature involving political groups, social associations, religious organizations, legal associations, and the women’s movement. Placing the debate in a historical continuum, the author traces the genesis of the Hindu Code Bill by exploring the linkages of late eighteenth century initiatives of colonial administration, the efforts of eighteenth century social reformers, and the contribution of Indian national movement as well as women’s organizations in early twentieth century. The book analyses the relationship of discourses in the public and legislative spheres and emphasizes the role of Nehru, Ambedkar, B.N. Rau and other prominent personalities in the promotion of gender justice. The book argues that while effective implementation of enabling legal provisions were impeded by deeply entrenched patriarchal structures in Independent India, the debate contributed towards a gradual transformation of the Indian social consciousness, thus contributing towards gender justice in Indian society.

Failure to Flourish: How Law Undermines Family Relationships argues that the legal regulation of families stands fundamentally at odds with the needs of families. Strong, stable, positive relationships are essential for both individuals and society to flourish, but from transportation policy to the criminal-justice system and from divorce rules to the child-welfare system, the law makes it harder for parents to provide children with these kinds of relationships. Zoning laws create long commutes and impersonal neighborhoods. Criminal laws take parents away from home. And the laws we have to “resolve” conflicts in families are heavy-handed and adversarial, pitting family members against each other and creating a climate of crisis at the very moment when families need the greatest support. This book contends that we must reorient the legal system to help families avoid crises and, when conflicts arise, intervene in a manner that heals relationships. To understand how wrong our family-law system has gone and what we need to do to repair it, the book takes us from ancient Greece to cutting-edge psychological research and from the chaotic corridors of local family courts to a quiet revolution under way in how services are provided to families in need. Incorporating the latest insights of positive psychology and social research, the book sets forth a new, more emotionally intelligent vision for a legal system that not only resolves conflict but actively encourages the healthy relationships that are at the core of a stable society.

The book sees the governance of personal relationships as the exercise of power, from the traditional assumptions of patriarchy and the control one generation seeks to exercise over its successor, to the ideology of welfarism, where state institutions protect the interests of the vulnerable in accordance with its own perceptions of their interests. It argues that perceptions of rights are a significant counterpoise to such exercises of power. Against that background, it explores the interrelationship between the regulation by law of people's personal lives and the values of friendship, truth, respect, responsibility and community. 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 financial support, and of separated parents regarding their children. The book offers a new picture of intimacy at the centre of personal relationships and sets out the elements for a conceptual framework according to which regulation of people's personal lives can be justified in an open society.

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.

For many years family law was viewed as a study of the regulation of relationships of husband and wife, and parent and child. By the close of the 20th century, basic questions about who should be officially designated a family member and by what procedure were being raised both in the legislature and in litigation. In addition, conventional models that had defined domestic relations such as marriage, divorce, and adoption were being expanded to include contemporary patterns of living arrangements. This book examines the present state of family law in America. Among its themes is the tension between individual autonomy and governmental regulation in all aspects of family law. It examines both conventional and new definitions of formal and informal domestic relationships. It analyses the extent to which relationships established before marriage are being regulated, and how marriage is being redefined to take into account equality of the sexes. It demonstrates how the definition of marriage as a partnership in which the individual spouse's rights are recognized has resulted in protection of the vulnerable spouse. It examines fault and no-fault divorce procedures and the extent to which these procedures reflect social realities. This book describes state intervention into the parent and child relationship and how this is reflected in the re-examination of the privacy of the family unit. It concludes with a discussion of the conventional model of adoption of children and how additional models are being developed to take into account new family forms.

For many years family law was viewed as a study of the regulation of clearly defined relationships of husband and wife and parent and child. In the case of husband and wife, it was through formal legal procedures or informal arrangements called marriage. In the case of parent and child it was either through biology or adoption. Equally defined were the stages by which these relationships were established, maintained, and terminated. However, by the close of the twentieth century, basic questions about who should be officially designated a family member and by what procedure were being raised both in the legislature and in litigation. In addition, conventional models that had defined domestic relations were being expanded to include contemporary patterns of living arrangements and the current reality or new models were being constructed. This book examines family law in America and the tension between individual autonomy and governmental regulation. The book analyzes the definitions of formal marriage and informal marriage, the extent to which relationships established before marriage are regulated, and how marriage is being redefined to take into account equality of the sexes. Also examined are divorce procedures, alimony, assignment of property upon divorce, determining what is marital property and what is separate property, child custody, and how additional models are being developed to take into account new family forms. This second edition captures recent developments affecting family law in America, including same-sex marriage and features new insights into adoption, assisted reproduction technologies, and sexual abuse of children by clergy.

The law governing family relationships has changed dramatically in the past one hundred years. This book is a study of the pressures and processes which led to those changes. It examines the work of individuals and organisations campaigning for change, and the (often ignored) influence of officials in government and (in particular) the Parliamentary draftsmen. It gives particular attention to the pressures for compromise which have so often influenced the otherwise difficult to understand legislation. The book makes extensive use of archival material and of the results of empirical research, and tells the stories of the sometimes rather eccentric individuals who have had an impact on the law-making process. Although the book focuses on the twentieth century, it reaches back into earlier periods when relevant to later developments.

This book is a detailed study on family law in India. It attempts to combine women’s rights into legal theory, and uses case laws extensively. The book is composed of three chapters, starting with a discussion on the concepts of justice, law, and gender. The next chapter examines various personal laws — Parsi, Jewish, Hindu, Islamic, and Christian — related to marriage, property rights, succession, and divorce. Each of these laws is examined for the colonial and post-colonial periods. The final chapter focuses on the different constitutional provisions important to personal laws and in the role of the judiciary in the reconciliation of personal laws of each community and the supreme constitutional provisions. This chapter also attempts to determine whether the law can be conformed to the modern changes made through and in both the statutory law, formal, and the pluralistic and fluid community-based practices. The book presents a comparison of the personal laws of the majority and minority communities, as well as a study of the Uniform Civil Code. These discussions prepare the reader for the second volume, where the author acknowledges and discusses three distinct concerns: matrimonial rights, the obligations and the procedural aspect of the functioning of family courts in India, and women’s rights within the law of marriage and divorce.

This book fills the void within the rubric of a contemporary and evolving discipline, ‘gender and law’, which is interdisciplinary in its approach. In this context, it specifically fills the gap between the theory and practice of law, between the ‘doctrinal’ and ‘non-doctrinal’, between the ‘ideal’ and the ‘technical’ and hopes to blur these binaries through a comprehensive and inclusive approach. Women’s rights within the law of marriage and divorce, matrimonial rights and obligations, and the procedural aspect of the functioning of family courts in India are the three distinct concerns of this volume.

This book presents a study on a postmodernist analysis of classical Hindu law, which has become neglected due to the modernist assumptions about the increasing irrelevance of ‘religious’ legal systems. The book is split into three parts. The first part focuses on the historical and conceptual background of Hindu law, while the second part concentrates on five facets of Hindu law that go beyond tradition and modernity, namely the Hindu marriage law, child marriage, polygamy, divorce, and the maintenance law. Finally, the third part presents a concluding analysis to the preceding chapters, where it presents the postmodern condition of Hindu law.

Suppose you discovered one day that the foundations of your life were shakier than you ever imagined. An intimate relationship that you thought was grounded in trust actually depended on deception. After the initial shock and sadness, you might wonder whether the law will help you secure redress for your injuries. But most deceived intimates get no help from the courts, even when they have endured significant financial, physical, or emotional harm. Why not? Deception within intimate relationships can cause severe—even life-altering—damage. But the law has shielded this persistent and pervasive source of injury, routinely denying deceived intimates access to the remedies that are available for deceit in other contexts. This is the first book that systematically examines deception in sexual, marital, and familial relationships and uncovers the hidden body of law that governs such deceit. It argues that the law has placed too much emphasis on protecting intimate deceivers and too little importance on helping the people they deceive. The law can and should do more to recognize, prevent, and redress the injuries that intimate deception can inflict, giving deceived intimates access to the same remedies they would have if equivalently deceived outside of intimacy, countering incentives to deceive, and thwarting duplicitous intimates from carrying out their plans. Entering an intimate relationship—or being duped into one—should not mean losing the law’s protection from deceit.

The Current Legal Issues series is based upon an annual colloquium held at University College London. Each year leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloquium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice. This book, the fourteenth volume in the Current Legal Issues series, offers an insight into the state of law and childhood studies scholarship today. Focusing on the inter-connections between the two disciplines, it addresses the key issues informing current debates. Topics include cyber bullying, children's human rights, childhood in conflict-stricken areas, foster care, and parental discipline.

This volume explores gender inequality and the politics of women’s rights in India. It provides an invaluable analysis of the current trends of the debate on Uniform Civil Code located within a highly charged political scenario. It examines the condition of women’s rights under the plurality of Hindu law and during the evolution of Islamic law. It discusses the history of the politicisation of women’s rights, the erosion of secular principles, and the stilted Hindu law reforms aimed at promoting gender justice. It also investigates the legal significance of the Parsi community’s personal law for women’s rights and evaluates the impact of the political reformulation of Christian personal law.

This collection of essays examines the process and problems of law reform with special reference to the development of family law. The author demonstrates the different pressures and influences that affect the development of the law, including the views of judges, the advice of civil servants and the requirements of Parliamentary drafting to an extent which has not previously been appreciated. Topics covered include the involvement of the Catholic Church in the 1969 divorce reforms; the struggle for power within the family from 1925 to 1975; approaches to the reform of intestacy; the Children Act of 1948; and the early days of marriage conciliation.