There has been a widespread resurgence of rights talk in social and legal discourses pertaining to the regulation of family life, as well as an increase in the use of rights in family law cases, in the UK, the US, Canada and Australia. Rights, Gender and Family Law addresses the implications of these developments - and, in particular, the impact of rights-based approaches upon the idea of welfare and its practical application. There are now many areas of family law in which rights and welfare based approaches have been forced together. But whilst, to many, they are premised upon...
There has been a widespread resurgence of rights talk in social and legal discourses pertaining to the regulation of family life, as well as an inc...
There has been a widespread resurgence of rights talk in social and legal discourses pertaining to the regulation of family life, as well as an increase in the use of rights in family law cases, in the UK, the US, Canada and Australia. Rights, Gender and Family Law addresses the implications of these developments - and, in particular, the impact of rights-based approaches upon the idea of welfare and its practical application. There are now many areas of family law in which rights and welfare based approaches have been forced together. But whilst, to many, they are premised upon...
There has been a widespread resurgence of rights talk in social and legal discourses pertaining to the regulation of family life, as well as an inc...
Traditionally, family law has been dominated by consequentialist/utilitarian themes. The most notable example of this occurs in the law relating to children and the employment of the 'welfare principle.' This requires the court to focus on the welfare of the child as the paramount consideration. Hitherto, the courts and, to a certain extent, family law academics, have firmly rejected the use of the language of rights, preferring the discretion and child-centered focus of welfare. However, the incorporation of the European Convention on Human Rights via the Human Rights Act now requires family...
Traditionally, family law has been dominated by consequentialist/utilitarian themes. The most notable example of this occurs in the law relating to ch...
