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Family Law and Personal Life 2nd Revised edition [Kietas viršelis]

(Emeritus Fellow, Pembroke College, University of Oxford)
  • Formatas: Hardback, 238 pages, aukštis x plotis x storis: 223x145x17 mm, weight: 434 g
  • Išleidimo metai: 28-Sep-2017
  • Leidėjas: Oxford University Press
  • ISBN-10: 0198814089
  • ISBN-13: 9780198814085
Kitos knygos pagal šią temą:
  • Formatas: Hardback, 238 pages, aukštis x plotis x storis: 223x145x17 mm, weight: 434 g
  • Išleidimo metai: 28-Sep-2017
  • Leidėjas: Oxford University Press
  • ISBN-10: 0198814089
  • ISBN-13: 9780198814085
Kitos knygos pagal šią temą:
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.
Table of Cases
xv
1 Power
1(29)
Family practices and the diffusion of power
1(5)
The open society
6(2)
The welfarism thesis
8(9)
The case of divorce
17(4)
The new era: from family law to personal law?
21(9)
2 Rights
30(34)
Rights as a countervailing force to power
30(1)
What are rights?
30(10)
Human rights
40(2)
Development of claims of rights in personal law
42(12)
Children's rights and the `best interests' (welfare) principle
54(9)
Rights and values
63(1)
3 Respect
64(30)
What is respect?
64(4)
Respect and the intimate
68(9)
Care and nurture
77(7)
Religion
84(5)
Procreation
89(3)
Respecting children
92(2)
4 Friendship
94(21)
Friendship and brotherly love
96(1)
`Full' friendship as a paradigmatic value
97(3)
Friendship and public constraints
100(2)
Marriage and friendship compared
102(4)
Friendship plus
106(7)
Why consider friendship at all?
113(2)
5 Responsibility
115(29)
Historical responsibility
118(3)
Prospective responsibility
121(17)
A fuller concept of responsibility
138(6)
6 Truth
144(20)
Truth, kinship, and manipulation
146(5)
Truth and identity
151(8)
Truth and justice
159(2)
Truth and shame
161(3)
7 Community
164(31)
The fear of individualism
164(4)
Communities, power, and rights
168(5)
Personal law and culture
173(5)
Caring communities
178(1)
Asserting rights
179(7)
Diversion
186(5)
Children
191(1)
International issues
192(1)
Communities, obligations, and law
193(2)
Bibliography 195(20)
Index 215
John Eekelaar taught family law at Pembroke College, Oxford from 1965 to 2005, and was its academic director from 2005-2009. He was lecturer (later reader) in law at Oxford University from 1965-2005. He was a founder member of the International Society of Family Law, of which he was president from 1985-8, and founding co-editor of the International Journal of Law, Policy and the Family. He has written and researched widely in family law. He was elected a fellow of the British Academy in 2001 and distinguished visiting fellow by the New Zealand Law Foundation in 2005, and is now emeritus fellow of Pembroke College, Oxford.