Ideas and Debates in Family LawPDF电子书下载

Introduction 1

1 Family Law and Family Justice 5

The World of Family Law 6

Arguments Against Family Law 13

Family Law and Family Justice 16

Conclusions 22

2 Rights and Responsibilities 23

Rights and Obligations 24

Responsibilities and Expectations 26

Connecting Rights to Responsibilities 29

Analysing Family Law Using Responsibilities and Expectations 32

Conclusions 35

3 International Family Law 37

International Family Law: What Is It, and Where Did It Come From? 38

The 'Forum' Approach 41

The 'Mutual Recognition' Approach 45

The 'Harmonisation' Approach 47

Conclusions 52

4 Regulating Adult Relationships 53

Regulating Relationships 55

what Counts as an Intimate Adult Relationship? 58

Why Marry? why Not? 68

Conclusions 73

5 The Meanings of Marriage 75

The Idea of Marriage 76

The Contract of Marriage? 77

The Sunset Clause Marriage 81

Conclusions 86

6 Fairness in Family Finances 88

The Meanings of Fairness 90

The Application of Fairness to Divorcing Spouses 92

The Application of Fairness to Separating Cohabitants 102

Is Fairness A Helpful Standard? 108

7 The Values of Welfare 112

The Welfare Checklist 114

Understanding the Welfare Principle 117

Applying the Welfare Principle: The Role of Context 119

Valuing Welfare 126

8 Parental Responsibility, Parenting and Status 129

Parental Responsibility 130

Day-to-Day Parenting: The Example of Shared Residence 135

Family Law As Justice 142

Bibliography 147

Index 155