Resolving the Dilemma of Difference: A Critique of ‘The Role of Private Ordering in Family Law’

2017 ◽  
pp. 367-401
Author(s):  
Marcia Neave
Keyword(s):  
1991 ◽  
Vol 41 (4) ◽  
pp. 533 ◽  
Author(s):  
Michael J. Trebilcock ◽  
Rosemin Keshvani

Author(s):  
Sonia Harris-Short ◽  
Joanna Miles ◽  
Rob George

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter begins with an overview of families and family law in England and Wales today. It then discusses themes and issues in contemporary family law, covering rules versus discretion; women’s and men’s perspectives on family law; sex and gender identity; sexual orientation; cultural diversity; and state intervention versus private ordering, including the role of the family court and of non-court dispute resolution in family cases.


2017 ◽  
Vol 2 (2) ◽  
pp. 71
Author(s):  
Sławomir Godek

SOME REMARKS ON THE STUDY OF THE ROMANIZATION OF LITHUANIAN STATUTESSummary The article is dedicated to the issues connected with the reception of Roman Law in the Lithuanian statutes of 1529, 1566, and 1588. After an analysis of the existing scholarly accomplishments in the field, one cannot but conclude that the study of the influence of the Roman Law on Lithuanian codifications has hardly been started yet. Despite the fairly long tradition of research in this field, so far only selected elements of the first and second statutes have been analyzed in order to identify Roman constituents. The research carried out in 1930s by Raphael Taubenschlag, Franciszek Bossowski, and Karol Koranyi demonstrated which Roman Law noticeably influenced the statutory regulations pertaining to family law, law of property, law of succession, criminal and procedural law. Their observations partly confirmed the findings previously made in the nineteenth century by Aleksander Mickiewicz, Franciszek Morze, and Ignacy Daniłowicz. At the same time, nothing is still known about the scope of Romanization in the third Lithuanian statute or about the transformations which Roman elements underwent in each of the statutes. Without further study of the subject, one cannot assess the role of Roman law in the Commonwealth (Rzeczpospolita).It seems that the most fertile ground for identification of Roman elements in the third Lithuanian statute is tutorship and succession law, especially testamentary succession. Some interesting and original observations could be made on the basis of a more thorough comparative analysis of the pertinent Roman and Lithuanian regulations.


2021 ◽  
Vol 31 (2) ◽  
Author(s):  
Peter Zimmermann ◽  
Gottfried Spangler

Psychological judicial expert reports for family law cases can include errors in the assessment of children’s attachments, their origins, their consequences, and the subsequent recommendation for the court. The article specifies potential sources of such errors and reviews several topics that are relevant for the evaluation and use of attachment assessments in psychological family law expert reports. These topics include attachment to mother and father, attachment hierarchy, the role of quantity and quality of contact to caregivers for attachment development and the use of results from attachment research on developmental consequences of attachment security and insecurity for psychological family law expert reports.


Author(s):  
Joanna L. Grossman ◽  
Lawrence M. Friedman

This chapter describes what might be the last battleground over “traditional” marriage—same-sex marriage, and the social and legal revolution that brought us from an era in which it was never contemplated to one in which, depending on the state, it is either expressly authorized or expressly prohibited. Same-sex marriage has posed—and continues to pose—a challenge to traditional definitions of marriage and family. But, more importantly, the issue implies broader changes in family law—the increasing role of constitutional analysis; limits on the right of government to regulate the family; and the clash between the traditional family form and a new and wider menu of intimate and household arrangements, and all this against the background of the rise of a stronger form of individualism.


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