Family law Books

Book SynopsisJonathan Herring is a Professor of Law at the University of Oxford and a Fellow in Law at Exeter College, Oxford. He is the author of the textbook Family Law published by Longman, and also of well-known texts on criminal law and medical law. Recent monographs include works on the law and older people, and on family law and human rights.Rebecca Probert is a Professor of Law at the University of Warwick. She is the author of Cretney and Probert's Family Law published by Sweet & Maxwell. She writes widely on issues related to marriage and cohabitation: her recent monographs cover eighteenth-century marriage, the legal regulation of cohabitation from 1600 to the present day, and the law relating to royal marriages.Stephen Gilmore is a Senior Lecturer in Law at King's College London. He is joint author of Hayes and Williams' Family Law published by Oxford University Press, and of Children: The Modern Law published by Jordan Publishing. He has written on a wide range of issues in family law Table of Contents1. The Nature of Families and Family Law 2. Parents 3. Children's Rights 4. Disputes over Children 5. Child Protection 6. Adoption 7. Marriage and Civil Partnership 8. Cohabitation 9. Divorce 10. Domestic Violence 11. Division of Assets on Separation 12. Older People and Families.

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Book SynopsisThis book examines in detail the status of children in the EU. Drawing on a range of disciplinary perspectives, including the sociology of childhood and human rights discourse, it offers a critical analysis of the legal and policy framework underpinning EU children's rights across a range of areas, including family law, education, immigration and child protection. Traditionally children's rights at this level have been articulated primarily in the context of the free movement of persons provisions, inevitably restricting entitlement to migrant children of EU nationality. In the past decade, however, innovative interpretations of EU law by the Court of Justice, coupled with important constitutional developments, have prompted the development of a much more robust children's rights agenda. This culminated in the incorporation of a more explicit reference to children's rights in the Lisbon Treaty, followed by the Commission's launch, in February 2011, of a dedicated EU 'Agenda' to promote and safeguard the rights of the child. The analysis presented in this book therefore comes at a pivotal point in the history of EU children's rights, providing a detailed and critical overview of a range of substantive areas, and making an important contribution to international children's rights studies.Trade Review... a timely and valuable contribution to understanding this area of law, examining the current status of children in EU law, and the potential scope for future developments. This book will be particularly useful for researchers in the field of children's rights, and researchers and practitioners in any of the legal fields examined in detail by the author, including family law, migration and child protection. It also provides a useful reflection on the increasing scope of activities of the EU and will be a reference point for researchers into European law more generally. It draws attention to the role of a new actor in the field of children's rights and a developing area of policy debate across the EU, demonstrating a combination of understanding of the EU, and the protection and empowerment of children. It makes a distinctive contribution to the understanding of European law, and of children's rights, which will stimulate the ongoing debate over the effective protection of children's rights in other contexts beyond the EU. -- Ruth Lamont * Child and Family Law Quarterly, Volume 25(1) *Table of ContentsIntroduction: Children and the European Union 1. The Value and Scope of EU Action in Relation to Children Introduction Is There a Need for EU Action in the Field of Children's Rights? The Added Value of EU Action in Relation to Children's Rights The Strategic Importance of Investing in Children's Rights at EU Level Valuing and Facilitating Children's Present Contribution to the EU Does the EU have the Capacity to Regulate Children's Rights? The EU's Institutional Capacity to Drive Children's Rights Forward The Importance of a Reliable Evidence Base Key Dynamics Shaping the Development of Children's Rights at EU Level Defining the Boundaries between EU Action and Domestic Action in the Field of Children's Rights Defining 'Child' under EU Law 'Child' as an Age-Based Construct under EU Law 'Child' as a Biological Construct under EU Law 'Child' as a Dependency-Based Construct under EU Law Conclusion 2. The Ideology of EU Children's Rights Introduction Defining a Rights-Based Approach to Regulating Children's Lives The Legal Currency of Fundamental Rights at EU Level Sources of Children's Rights at EU Level The UNCRC as an EU Children's Rights Tool The Legal Status of the UNCRC at EU Level The ECHR as a Children's Rights Tool Children's Rights and the Charter of Fundamental Rights of the European Union The EU's Capacity to Advance Children's Rights: A Question of Competence Additional Conceptual Frameworks for Pursuing Children's Rights at EU Level EU Citizenship as a Children's Rights Mechanism Non-Discrimination as a Normative Framework for Pursuing Children's Rights Using EU Non-Discrimination Law to Protect Children's Rights Social Inclusion as a Framework for Protecting Children's Rights Conclusion 3. Children, Family Life and EU Migration Law Introduction Adopting a Rights-Based Approach to Migrant Children's Family Life The Nature and Scope of Children's Family Rights under EU Migration Law Conceptualisations of 'Child' and 'Family' under EU Migration Law The Family Rights of Third Country Nationals under EU Law Restrictions on Children's Rights under Immigration Law The Importance of 'Dependency' in Determining Migrant Children's Family Rights Extricating Children's Family Rights from the Economic/ Self-Sufficiency Nexus? The Nature and Scope of 'Separated' Children's Rights under EU Immigration Law The Importance of Detaching Children's Migration Status from that of their Family Situating Children within Migration Research Conclusion 4. Children's Rights under EU Family Law: Custody, Access and Parental Child Abduction Introduction The Scope of and Reasons for EU Family Law The Position of Children in the Divorcing Family: Sociological Perspectives The Evolution of EU Family Law Regulating Divorce and Parental Responsibility The Nature and Scope of Children's Rights Provision under the Brussels IIbis Regulation EU Family Law and the Best Interests Principle The Content and Scope of the Best Interests Principle under Brussels IIbis The Growing Prominence of Best Interests in Child Abduction Cases? Reconciling Neulinger and Zarraga Brussels IIbis and the Voice of the Child Age and Capacity as a Barrier to Child Participation Divergence Between National Child Consultation Procedures Child Participation and the Six Week Deadline in Child Abduction Cases Conclusion 5. Maintenance, Mediation and the Future of EU Family Law Introduction Enforcing Child Maintenance Cross-Nationally EU Legal Framework Governing Cross-National Child Maintenance Towards Harmonisation of Family Law? The New Rules on Applicable Law Is the EU Maintenance Regulation Compatible with Children's Rights? Recovery of Child Maintenance under EU Free Movement Law EU Developments in the Field of Family Mediation Achieving Effective Cross-National Mediation EU Mediation Directive Mediation: Empowering Adults but Disempowering Children? Problems of Enforcing Mediated Agreements Relating to Children Is a Separate Legal Instrument Governing Cross-Border Mediation Necessary? Children, the Lisbon Treaty and the Future of EU Family Law Conclusion 6. Education, Children's Rights and the EU Introduction The Source and Scope of Children's 'Right' to Education The Nature and Scope of Children's Educational Rights under EU Education Law and Policy Upholding Children's Educational Rights as an Aspect of the EU's Social Agenda EU Education Policy and the Open Method of Co-ordination Promoting Children's Agency through EU Education Measures: Active Citizenship and Children's Personal Development Children's Educational Rights under EU Migration Law The Limitations of a Basic 'Equality of Access' Approach to Education Beyond a Basic Access: Rights for Migrant Children Upholding Educational Rights through the EU's Equality Framework Tackling Discrimination in Education on Grounds of Disability Tackling Discrimination in Education on Grounds of Ethnicity: Roma Conclusion 7. Child Protection and EU Law Introduction An Overview of the Legal and Policy Framework Underpinning EU Child Protection Measures EU Child Protection Legislation EU Efforts to Combat Child Trafficking Child Protection Law and the EU Internal Market EU Child Sexual Exploitation and Abuse Legislation The Development of an EU Child Protection Infrastructure Added Value or Empty Rhetoric? Assessing the Effectiveness of EU Action in the Field of Child Protection Is EU Child Protection Legislation Compatible with Children's Rights? Added Value of EU Intervention in International Child Protection The Enforceability of EU Child Protection Measures Adopting a Multi-Levelled, 'Roots and Branches' Approach to Child Protection Importance of Cross-Departmental and Cross-Institutional Collaboration in Child Protection Enhancing the Knowledge Base The Future of EU Child Protection Conclusion 8. Children's Rights and EU Enlargement Introduction Membership 'Conditionality' as a Mechanism for Promoting Children's Rights Children's Rights and the Political Criteria: Using Human Rights 'Conditionality' to Enhance Children's Rights The Importance of Context in Applying EU's Human Rights Conditionality The Selective Nature of EU Human Rights Conditionality Children's Rights and the Economic Criteria Children's Rights and the Legal Criteria Complementing EU Conditionality with Action 'On the Ground' Upholding Children's Rights Post-Accession Acceding to What? Scrutinising the Quality of the EU Children's Rights Measures to which Accession States are Expected to Conform The Mixed Blessing of Enhanced Mobility Rights Following EU Accession Sustaining Children's Rights Protection in the Post Accession Environment Ask Not What the EU Can Do for Children's Rights in the Accession States, But What the Accession States Can Do for Children's Rights in the EU Conclusion Conclusion: The Future of Children's Rights in the European Union The EU's Flawed Conceptualisation of Children's Rights: From Subversion to Insertion to Perversion The Hegemony of the Child Protection Agenda at EU Level More Than Just a Website: Children's Participation in the EU Square Pegs and Round Holes?: Expectations of the EU's Role in Relation to Children's Rights The EU as Regulator, Co-ordinator and Supporter Institutional, Procedural and Political Blockages Achieving Better Accountability—For What and to Whom?

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Book Synopsis'Caring and the Law' considers the law's response to caring. It explores how care is valued and recognised, how it is regulated and restricted and how the values of caring are reflected in the law. It does this by examining the law's interaction with caring in a wide range of fields including family, medical, welfare, criminal and tort law. At the heart of the book is the claim that the law has failed to recognise the importance of caring in many areas and in doing so has led to the costs and burdens of care falling on those who provide it, primarily women. It has also meant that the law has failed to protect those who receive care from the abuse that can take place in a caring context. The book promotes an ethic of care as providing an ethical and conceptual framework for the law to respond to caring relationships.Trade ReviewAlthough the laws and cases Herring discusses are from the United Kingdom, the book should have a broad philosophical and legal appeal to those interested in social justice and issues of care in other countries. The book reads as if it represents a lifetime of investigation into Anglo-American literature and British court cases on care and the law. Graduate students and practitioners alike would find its stories, philosophy, and analysis informative and moving. Those who specialise in one area of law may fruitfully dip into a single chapter because Herring carries his thesis explicitly and clearly through each section of the book. This is a carefully reasoned and widely researched book that makes a passionate plea for embracing the wider moral and social significance of a relational understanding of care where all of us should hold one another, society, and the state responsible for the human obligation of caring relationships. -- Adelaide H. Villamoare * The Law and Politics Book Review, Volume 23, No. 12 *If the law has a heart, this book is a more than adequate expression of its inner emotion, making it essential reading for all of those interested in or affected by legal intervention in this area. Given the author's accurate assertion that everyone cares or is cared for, that makes for a very wide potential readership indeed. -- Nicole Busby * Journal of Law and Society, Volume 40, Number 4 *... a thoroughly researched, extremely well-structured and highly thought-provoking text on how the law addresses – or does not, as the case may be – the issue of care. This is a book every law student and graduate should read to assist them to lay down a solid foundation upon which to build their future practice. -- Sue Field * Law Society Journal, Volume 51, Number 8 *It goes without saying that this is an excellent book – erudite, wide ranging and stimulating. Jonathan Herring is a leading legal scholar of our generation. -- Helen Reece * Social & Legal Studies, 23(2) *... a provocative look at the caring/law intersection that makes a worthwhile contribution to the ageing literature. -- Marshall B. Kapp * Care Management Journals, Volume 15, No.2 *This is an accessible, easy-to-read book; the structure is always clear, with everything signposted. Its socio-legal approach means that the realities of caring are never lost; instead arguments from scholars in a number of disciplines are not only set out well but also firmly placed in context. Concrete examples are used to assist (and sometimes amuse) the reader. -- Annika Newnham * Child and Family Law Quarterly *In this accessible and engaging book, Herring takes us on a journey into a world that lawyers often marginalise, yet it is a world that is of relevance to us all…[Caring and the Law] consolidates core scholarly activity, offers suggestions for improvement and reveals how and why caring relationships deserve more attention from policy makers and academics -- Grace James * Feminist Legal Studies *Caring and the law [has] immeasurable value in jolting one...out of traditional ways of thinking and bravely presenting a vision of a different world. -- Brian Sloan * Journal of Social Welfare and Family Law *Herring should be commented for his up-to-date research within this publication. -- Gary Spencer-Humphrey * Professional Social Work *Table of Contents1. Caring I. Introduction II. Title III. Ethic of Care IV. Real Life V. Politics and Care VI. The Structure of the Book 2. The Nature of Care I. Introduction II. Terminology III. The Disability Critique of Care IV. Paid and Unpaid Care V. Gender and Caring VI. The Status of Carers VII. The Extent of Caring VIII. Caring Relationships and Disadvantage IX Conclusion 3. Ethic of Care I. Introduction II. The Origins of an Ethic of Care III. Central Themes in an Ethic of Care Approach IV. Disputed Issues Surrounding an Ethic of Care V. Criticisms of an Ethic of Care VI. Ethic of Care and Law VII. Conclusion 4. State Support of Care I. Introduction II. The Political Background III. Why Care Matters to the State IV. The Basis of the Support V. The Nature of the Support VI. Defamilisation VII. Work-Life Balance VIII. Commodification IX. Current Law X. Government Reforms on Support for Carers XI. Future Funding of Care XII. The Role of the Courts XIII. Conclusion 5. Caring and Medical Law I. Introduction II. The Place of Carers in Medical Law III. Mental Capacity and Carers IV. Carers as Decision-Makers V. Mental Health Act 1983 and Carers VI. Human Tissue Act 2004 and Carers VII. Autonomy VIII. Bodies IX. Rationing X. Confidentiality XI. Personhood XII. Conclusion 6. Family Law and Caring I. Introduction II. Care at the Heart of Family Law III. Marriage IV. Parenthood V. Disputes over Children VI. Financial Orders VII. Unmarried Couples and Property Disputes VIII. Autonomy and Family Law IX. Conclusion 7. Caring and General Law I. Introduction II. Human Rights and Caring Relationships III. Carers and Tort IV. Carers' Employment Law Protection V. Conclusion 8. Caring and Abuse I. Introduction II. Recent Scandals III. Statistics IV. Defining Intimate Relationship Abuse V. The Causes of Intimate Abuse VI. Rights to Protection VII. Criminal Law VIII. Civil Law IX. Compulsory Intervention X. Prevention and Regulation XI. Conclusion 9. Conclusions I. Introduction II. Social Justice and Societal Well-Being III. The Nature of Care IV. The Relational Self V. Gender Care and Power VI. The Promotion of Caring Relationships VII. Care and Health VIII. Refocusing Family Law on Care IX. Care and Employment X. Care and Protection from Abuse XI. Final Thoughts

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Book SynopsisDie vorliegende Arbeit wendet sich dem Thema des modernen Ehescheidungsrechts in der Republik Mazedonien zu, welches im deutschen wie im ausländischen Schrifttum monografisch bislang noch nicht untersucht wurde. Angesichts der Tatsache, dass Mazedonien seit 2005 Beitrittskandidat der EU ist, ist das Familienrecht eines solchen Landes auch aus deutscher wissenschaftlicher und praktischer Sicht bedeutsam. Die Untersuchung von Ingrid Steinmann geht auf das materielle Scheidungsrecht Mazedoniens ein und behandelt das Eheschließungsrecht, die einzelnen Ehescheidungsgründe sowie die Scheidungsfolgen vermögensrechtlicher und nichtvermögensrechtlicher Art. Da zudem das verfahrensrechtliche und internationale Scheidungsrecht Mazedoniens systematisch dargestellt werden, ist das Buch insbesondere für die deutschen Gerichte, die aufgrund der starken Präsenz von Mazedonien in Deutschland mazedonisches Familienrecht nicht selten anzuwenden haben, von besonderer Bedeutung. Es wendet sich aber zugleich an Dozenten und Studenten der Rechtswissenschaften mit dem Schwerpunkt Internationales Privatrecht.Table of Contents1. Teil: Einleitung.- 2. Teil: Die Rechtsquellen des Familenrechts in der Republik Mazedonien.- 3. Teil: Das materielle Scheidungsrecht in Mazedonien.- 4. Teil: Das Verfahren der Scheidung.- 5. Teil: Die Folgen der Beendigung der Ehe durch Scheidung.- 6. Teil: Das internationale Scheidungsrecht der Republik Mazedonien.- 7. Teil: Gesamtergebnis.- Literaturverzeichnis.

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