Philosophical Foundations of Children's and Family Law

Philosophical Foundations of Children's and Family Law

Author: Elizabeth Brake

Publisher: Oxford University Press

Published: 2018

Total Pages: 369

ISBN-13: 0198786425

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This collection is the first of its kind to examine the ethical foundations of family law. Topics include the value of marriage, the scope of parental control rights, the protection of children's interests, and the role of religious freedom in the legal attitude to family relationships.


Philosophy, Law and the Family

Philosophy, Law and the Family

Author: Laurence D. Houlgate

Publisher: Springer

Published: 2017-01-21

Total Pages: 284

ISBN-13: 3319511211

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This textbook uses cases in family law to illustrate both traditional philosophical problems in the law as well as problems that are unique to family law. In the beginning chapters family law cases are employed to introduce the reader to philosophical debates about the relationship between law and morals, about how one ought to interpret the U.S. Constitution and its amendments, about the conditions under which individual liberty is justifiably limited by law, about the justification of punishment, and about the justification of remedies and standards of care in determining negligence in tort cases. Later chapters are devoted to contemporary issues unique to family law, including justifiable limits of access to marriage, alternatives to marriage, the rights of children, child custody disputes involving surrogate births, quasi-property disputes involving custody of frozen embryos, and the justifiable limits of the right not to procreate. The book reflects current movements, contemporary debates, and recent research on the philosophical problems in family law.


Family Law

Family Law

Author: Jonathan Herring

Publisher: Pearson UK

Published: 2019

Total Pages: 1252

ISBN-13: 1292251182

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This best-selling textbook is loved by students and lecturers alike. Offering exceptional coverage of all key family law principles, this book also explores the theories, debates and ethical dilemmas which underpin the subject ensuring you have the knowledge required to critique the existing law and evaluate reform options.


Philosophical Foundations of Children's and Family Law

Philosophical Foundations of Children's and Family Law

Author: Elizabeth Brake

Publisher: Oxford University Press

Published: 2018-02-23

Total Pages: 369

ISBN-13: 0191089710

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This volume brings together new essays in law and philosophy on a broad range of topics in children's and family law. It is the first volume to bring together essays by legal scholars and philosophers for an integrated, critical analysis of key issues in this area, marking the 'coming of age' of a comparatively new field of family law. Debates in children's and family law are at once theoretical and empirical in nature. Not only does children's and family law have significant consequences for individuals' intimate lives, the field's impact on lived experience highlights the socially constructed nature of law. Approaching this area of law often involves exploring a legal concept familiar from daily life, such as the very notion of 'marriage' or 'family', and examining it within its social, economic, and historical context. The normative basis for law regulating intimate personal and family life extends beyond any narrow legal philosophy or social context to its broader foundations in theories of morality or justice. The chapters included bring together a representative and broad range of pieces that engage with long-standing and contemporary debates. A wide range of perspectives is represented on topics such as same-sex marriage, polygamy and polyamory, alimony, unmarried cohabitation, gestational surrogacy and assisted reproductive technologies, child support, parental rights and responsibilities, children's rights, family immigration, religious freedom, and the rights of paid caregivers. There is also philosophical discussion of concepts such as care, intimacy, and the nature of family and family law itself.


Family Law

Family Law

Author: Polly Morgan

Publisher: Oxford University Press

Published: 2024

Total Pages: 938

ISBN-13: 0198908628

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Caring for Liberalism

Caring for Liberalism

Author: Asha Bhandary

Publisher: Routledge

Published: 2020-12-29

Total Pages: 306

ISBN-13: 1351186302

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Caring for Liberalism brings together chapters that explore how liberal political theory, in its many guises, might be modified or transformed to take the fact of dependency on board. In addressing the place of care in liberalism, this collection advances the idea that care ethics can help respond to legitimate criticisms from feminists who argue that liberalism ignores issues of race, class, and ethnicity. The chapters do not simply add care to existing liberal political frameworks; rather, they explore how integrating dependency might leave core components of the traditional liberal philosophical apparatus intact, while transforming other aspects of it. Additionally, the contributors address the design of social and political institutions through which care is given and received, with special attention paid to non-Western care practices. This book will appeal to scholars working on liberalism in philosophy, political science, law, and public policy, and it is a must-read for feminist political philosophers.


Decisional Privacy and the Rights of the Child

Decisional Privacy and the Rights of the Child

Author: Georgina Dimopoulos

Publisher: Taylor & Francis

Published: 2022-10-14

Total Pages: 268

ISBN-13: 1000761517

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Decisional privacy gives individuals the freedom to act and make decisions about how they live their lives, without unjustifiable interference from other individuals or the state. This book advances a theory of a child’s right to decisional privacy. It draws on the framework of the United Nations Convention on the Rights of the Child and extends the work of respected children’s rights scholars to address a significant gap in understanding the interconnections between privacy, family law and children’s rights. It contextualises the theory through a case study: judicial proceedings concerning medical treatment for children experiencing gender dysphoria. This work argues that recognising a substantive right to decisional privacy for children requires procedural rights that facilitate children’s meaningful participation in decision-making about their best interests. It also argues that, as courts have increasingly encroached upon decision-making regarding children’s medical treatment, they have denied the decisional privacy rights of transgender and gender diverse children. This book will benefit researchers, students, judicial officers and practitioners in various jurisdictions worldwide grappling with the tensions between children’s rights, parental responsibilities and state duties in relation to children’s best interests, and with the challenge of better enabling and listening to children’s voices in decision-making processes.


The Routledge Handbook of the Philosophy of Childhood and Children

The Routledge Handbook of the Philosophy of Childhood and Children

Author: Anca Gheaus

Publisher: Routledge

Published: 2018-07-20

Total Pages: 689

ISBN-13: 1351055968

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Childhood looms large in our understanding of human life, as a phase through which all adults have passed. Childhood is foundational to the development of selfhood, the formation of interests, values and skills and to the lifespan as a whole. Understanding what it is like to be a child, and what differences childhood makes, are thus essential for any broader understanding of the human condition. The Routledge Handbook of the Philosophy of Childhood and Children is an outstanding reference source for the key topics, problems and debates in this crucial and exciting field and is the first collection of its kind. Comprising over thirty chapters by a team of international contributors the Handbook is divided into five parts: · Being a child · Childhood and moral status · Parents and children · Children in society · Children and the state. Questions covered include: What is a child? Is childhood a uniquely valuable state, and if so why? Can we generalize about the goods of childhood? What rights do children have, and are they different from adults’ rights? What (if anything) gives people a right to parent? What role, if any, ought biology to play in determining who has the right to parent a particular child? What kind of rights can parents legitimately exercise over their children? What roles do relationships with siblings and friends play in the shaping of childhoods? How should we think about sexuality and disability in childhood, and about racialised children? How should society manage the education of children? How are children’s lives affected by being taken into social care? The Routledge Handbook of the Philosophy of Childhood and Children is essential reading for students and researchers in philosophy of childhood, political philosophy and ethics as well as those in related disciplines such as education, psychology, sociology, social policy, law, social work, youth work, neuroscience and anthropology.


Rewriting Children’s Rights Judgments

Rewriting Children’s Rights Judgments

Author: Helen Stalford

Publisher: Bloomsbury Publishing

Published: 2017-11-02

Total Pages: 756

ISBN-13: 1782259260

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This important edited collection is the culmination of research undertaken by the Children's Rights Judgments Project. This initiative involved academic experts revisiting existing case law, drawn from a range of legal sub-disciplines and jurisdictions, and redrafting the judgment from a children's rights perspective. The rewritten judgments shed light on the conceptual and practical challenges of securing children's rights within judicial decision-making and explore how developments in theory and practice can inform and (re-)invigorate the legal protection of children's rights. Collectively, the judgments point to five key factors that support a children's rights-based approach to judgment writing. These include: using children's rights law and principles; drawing on academic insights and evidence; endorsing child friendly procedures; adopting a children's rights focused narrative; and using child-friendly language. Each judgment is accompanied by a commentary explaining the historical and legal context of the original case and the rationale underpinning the revised judgment including the particular children's rights perspective adopted; the extent to which it addresses the children's rights deficiencies evident in the original judgment; and the potential impact the alternative version might have had on law, policy or practice. Presented thematically, with contributions from leading scholars in the field, this innovative collection offers a truly new and unique perspective on children's rights.


Hayes and Williams' Family Law

Hayes and Williams' Family Law

Author: Stephen Gilmore

Publisher: Oxford University Press, USA

Published: 2018

Total Pages: 889

ISBN-13: 0198811861

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Provides a comprehensive, critical, and case-focused introduction to family law. Hayes & Williams' Family Law helps students to gain a firm understanding of family law principles, the developing law, and key reform debates.