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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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Same Sex Relationships: From Odious Crime to Gay Marriage


ISBN13: 9780199297733
ISBN: 0199297738
Published: May 2006
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £33.99



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

Based on the 2005 Oxford Clarendon Lectures in Law, this book deals with the remarkable change in society's attitude to homosexuality over the last half century. Until 1967 homosexual acts were punished by the criminal law and as recently as 1988 Parliament forbade teachers from suggesting that homosexuality was an acceptable family relationship.

In 2005 Parliament passed the Civil Partnership Act, which creates a framework in which same-sex couples can have their relationship legally recognised in much the same way as marriage. This book looks at the essentials of the civil partnerships contruct, and asks whether it is really creating an institution of 'gay marriage'? If not, the next questions to ask is whether civil partnership can satisfy the demands for equality increasingly being made by the gay community? In the United States, the courts have taken an active and progressive stance, holding that to deny marriage to same sex couples and leave them with mere partnership is to create a 'separate but equal' situation historically associated with the racial discrimination now universally recognised as unconstitutional and morally unjustifiable. However, the political climate has risen to a fever pitch with the current administration's push for constitutional amendment to ban outright gay marriage.

In the UK the courts have been less activist, but the potential creation of a Supreme Court raises important questions about the boundaries between the roles of judiciary, the legislature, and government; and whether the judiciary should play a more constitutionally active role than has thus far been traditional?

Subjects:
Family Law
Contents:
I From Felony to the Love that is Proud to Speak its Name
II Partnership or Marriage: The Provisions of the Civil Partnership Act
III The Family, Partnership, and the Judges
Appendices
Text of The Civil Partnerships Act 2004, Parts 1 and 2, and Schedules 1 to 9
Report of the Committee on Homosexual Offences and Prostitution paras 1 - 147 and pp 130 - 135
Judicial Decisions
Halpern et al v Attorney General of Canada et al, Court of Appeal for Ontario
Lawrence v Texas, United States Supreme Court
Hillary Goodridge & others v Department of Health and others, Supreme Judicial Court of Massachusetts
Opinions of the Justices to the Senate, Supreme Judicial Court of Massachusetts
Lofton v Secretary of the Department of Children and Family Services, United States Court of Appeals, Eleventh Circuit

Series: Clarendon Law Lectures

Mistake and Non-Disclosure of Fact: Models for English Contract Law (eBook) ISBN 9780191641916
Published August 2012
Oxford University Press
£30.82 + £6.16 VAT
(ePub)
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Mistake and Non-Disclosure of Fact: Models for English Contract Law ISBN 9780199593880
Published August 2012
Oxford University Press
£38.99
Women, Crime, and Character: From Moll Flanders to Tess of the D'Urbervilles ISBN 9780199544363
Published August 2008
Oxford University Press
£25.49
Active Liberty: Interpreting a Democratic Constitution ISBN 9780199227075
Published March 2008
Oxford University Press
£35.99
State Liability: Tort Law and Beyond ISBN 9780199272648
Published September 2004
Oxford University Press
£38.99
Intellectual Property: Omnipresent, Distracting, Irrelevant?
William R. CornishHerchel Smith Professor of Intellectual Property Law, University of Cambridge
ISBN 9780199263073
Published February 2004
Oxford University Press
£38.99
Roman Law, Contemporary Law, European Law: The Civilian Tradition Today
Reinhard ZimmermannProfessor of Law, University of Regensburg, Germany
ISBN 9780198299134
Published July 2003
Oxford University Press
£55.00
The Practice of Principle: In Defence of a Pragmatist Approach to Legal Theory New ed
Jules ColemanWesley Newcomb Hohfeld Professor of Jurisprudence and Philosophy, Yale University, USA
ISBN 9780199264124
Published June 2003
Oxford University Press
£27.49
Some Landmarks of Twentieth Century Contract Law
Guenter TreitelFellow, All Souls College, University of Oxford
ISBN 9780199255757
Published September 2002
Oxford University Press
£38.99
Change and Continuity: Statute, Equity and Federalism ISBN 9780198298236
Published July 2001
Oxford University Press
£78.00
The Law's Two Bodies ISBN 9780199245185
Published May 2001
Oxford University Press
£51.00
The Practice of Principle: In Defence of a Pragmatist Approach to Legal Theory
Jules ColemanWesley Newcomb Hohfeld Professor of Jurisprudence and Philosophy, Yale University, USA
ISBN 9780198298144
Published May 2001
Oxford University Press
£51.00
Economic Torts
Tony WeirFellow and Reader in Law, Trinity College, University of Cambridge
ISBN 9780198265931
Published October 1997
Oxford University Press
£44.49
Law and Legal Theory in the UK and USA
Richard A. PosnerChief Justice, Court of Appeals Seventh Circuit for the United States, Chicago, USA
ISBN 9780198264712
Published September 1997
Oxford University Press
£44.49