Landmark Cases in Family Law

Inbunden, Engelska, 2011

Av Stephen Gilmore, Jonathan Herring, Rebecca Probert

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There are a number of important (landmark) cases in the development of Family Law in England and Wales that deserve detailed examination and lend themselves particularly well to historical examination. Family law cases tend to raise highly controversial issues, often on striking facts, frequently provoking wider social debate and/or extensive publicity. Consequently, the landmark cases chosen for this collection provide considerable scope, not only for doctrinal analysis and explanation of the importance and impact of the decisions, but also for in-depth examination of the social or policy developments that influenced them. The stories behind the cases provide a fascinating insight into the complexities of family life and the drama that can be found in the family courts. In recent years, Family Law has seen enormous changes in law's engagement with the notion of 'family', with the enactment, for example, of the Civil Partnership Act 2004, the Gender Recognition Act 2004 and, more recently, the Human Fertilisation and Embryology Act 2008. As we begin to move forward into the new millennium, this is an excellent time to engage in detailed analyses and 'stock-taking' of the landmark decisions, many of which were decided in the 1970s, and which have shaped modern Family Law. This book provides a series of in-depth studies of the key leading cases, and will be of interest to students and lecturers alike.

Produktinformation

Utgivningsdatum2011-07-01
Mått242 x 170 x 38 mm
Vikt680 g
FormatInbunden
SpråkEngelska
SerieLandmark Cases
Antal sidor330
FörlagBloomsbury Publishing PLC
ISBN9781849461016

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Familjerätt inom Juridik

1. Introduction: A Journey Through the Landmark Cases of Family Law Stephen Gilmore, Jonathan Herring and Rebecca Probert2. The Roos Case (1670) The Roos Case and Modern Family LawRebecca Probert3. J v C [1970] AC 668 J v C: Placing the Child's Welfare Centre StageNigel Lowe4. Corbett v Corbett (Otherwise Ashley)[1971] P 83 Corbett v Corbett: Once a Man, Always a Man?Stephen Gilmore5. Szechter (Orse Karsov) v Szechter [1971] P 286 'But I Didn't Really Want to Get Married'David McClean and Mary Hayes6. Poel v Poel [1970] 1 WLR 1469 Poels Apart: Fixed Principles and Shifting Values in Relocation LawRachel Taylo r7. S v S; W v Official Solicitor [1972] AC 24 Welfare, Truth and Justice: The Children of Extra-marital LiaisonsAndrew Bainham8. Wachtel v Wachtel [1973] Fam 72 Bringing an End to the Matrimonial Post Mortem: Wachtel vWachtel and its Enduring Significance for Ancillary ReliefGillian Douglas9. Marckx v Belgium (1979–80) 2 EHRR 14 The Marckx Case: A 'Whole Code of Family Law'?Walter Pintens and Jens M Scherpe10. Burns v Burns [1984] Ch 317 Burns v Burns: The Villain of the Piece?John Mee11. Gillick v West Norfolk and Wisbech Area Health Authority and Department of Health and Social Security [1986] AC 112 The Gillick Decision – Not Just a High-water MarkJane Fortin12. R v R [1992] 1 AC 599 No More Having and Holding: The Abolition of the Marital Rape ExemptionJonathan Herring13. Fitzpatrick v Sterling Housing Association [2001] 1 AC 27 Fitzpatrick v Sterling Housing Association: A Perfectly Pitched StallLisa Glennon14. White v White [2000] 1 AC 596 A Late Instalment in a Long StoryElizabeth Cooke

The contributing authors read like a who's who of English family law scholars. The book...combines imagination and authority in its presentation and analysis. The contextualisation of the legal analysis is a particular strength: while not a fully socio-legal approach, the chapters give as much weight to the policy implications of these decisions as to their legal consistency and demonstrate how they do indeed represent turning points in the relationship between law and families.Family law scholars outside England will find this a valuable source for understanding how England approaches issues that rouble most national family law systems, often because there are no wholly correct answers....few people interested in the field could fail to profit from reading it. The book is beautifully written, nicely produced and just full of intrinsically fascinating material.