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Vol 24 No 10 Oct/Nov 2019

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Lewis and Buchan: Clinical Negligence A Practical Guide

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Philosophical Foundations of Children's and Family Law

Edited by: Elizabeth Brake, Lucinda Ferguson

ISBN13: 9780198786429
Published: March 2018
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £79.00



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This volume brings together new essays in law and philosophy on a broad range of topics in children's and family law. It is the first volume to bring together essays by legal scholars and philosophers for an integrated, critical analysis of key issues in this area, marking the 'coming of age' of a comparatively new field of family law.

Debates in children's and family law are at once theoretical and empirical in nature. Not only does children's and family law have significant consequences for individuals' intimate lives, the field's impact on lived experience highlights the socially constructed nature of law. Approaching this area of law often involves exploring a legal concept familiar from daily life, such as the very notion of 'marriage' or 'family', and examining it within its social, economic, and historical context. The normative basis for law regulating intimate personal and family life extends beyond any narrow legal philosophy or social context to its broader foundations in theories of morality or justice.

The chapters included bring together a representative and broad range of pieces that engage with long-standing and contemporary debates. A wide range of perspectives is represented on topics such as same-sex marriage, polygamy and polyamory, alimony, unmarried cohabitation, gestational surrogacy and assisted reproductive technologies, child support, parental rights and responsibilities, children's rights, family immigration, religious freedom, and the rights of paid caregivers. There is also philosophical discussion of concepts such as care, intimacy, and the nature of family and family law itself.

Subjects:
Family Law, Jurisprudence
Contents:
Introduction: The Importance of Theory to Children's and Family Law, Elizabeth Brake and Lucinda Ferguson

Part One: Definitions
1: Family Law and Legal Theory, John Eekelaar
2: Family and Family Law: Concepts and Norms, David Archard

Part Two: Relationships
3: Paid and Unpaid Care: Marriage, Equality, and Domestic Workers, Elizabeth Brake
4: A Perfectionist Argument for Legal Recognition of Polyamorous Relationships, Ron Den Otter
5: Cohabitants, Choice, and the Public Interest, Robert Leckey
6: Heteronormativity in Dissolution Proceedings: Exploring the Impact of Recourse to Legal Advice in Same Sex Relationship Breakdown, Charlotte Bendall and Rosie Harding
7: The Rights of Families and Children at the Border, Matt Lister

Part Three: Rights and Obligations
8: Moral and Legal Obligations to Support 'Family', Diane Jeske
9: Are Children's Rights Important?, Colin Macleod
10: Parental Control Rights, Scott Altman
11: An Argument for Treating Children as a 'Special Case', Lucinda Ferguson

Part Four: Regulation and Intervention
12: Private Ordering in Family Law, Brian Bix
13: Regulating Child Rearing in a Culturally Diverse Society, James G Dwyer
14: Reconceptualizing Family Relationships in an Age of Reproductive Technologies, Mary Lyndon Shanley

Series: Philosophical Foundations of Law

Philosophical Foundations of Constitutional Law ISBN 9780198754534
Published January 2019
Oxford University Press
£29.99
Philosophical Foundations of Labour Law ISBN 9780198825272
Published December 2018
Oxford University Press
£75.00
Philosophical Foundations of the Law of Torts
Edited by: John Oberdiek
ISBN 9780198824220
Published May 2018
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£29.95
Philosophical Foundations of The Nature of Law ISBN 9780198812951
Published November 2017
Oxford University Press
£31.49
Philosophical Foundations of Tax Law ISBN 9780198798439
Published February 2017
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£79.00
Philosophical Foundations of Contract Law ISBN 9780198713029
Published October 2016
Oxford University Press
£34.99
Philosophical Foundations of Law and Neuroscience ISBN 9780198743095
Published July 2016
Oxford University Press
£70.00
Philosophical Foundations of Constitutional Law ISBN 9780198754527
Published February 2016
Oxford University Press
£73.00
Philosophical Foundations of Fiduciary Law ISBN 9780198783343
Published February 2016
Oxford University Press
£34.99
Philosophical Foundations of Human Rights ISBN 9780199688623
Published May 2015
Oxford University Press
£120.00
Philosophical Foundations of Human Rights (eBook) ISBN 9780191002915
Published April 2015
Oxford University Press
£40.41 + £8.08 VAT
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Philosophical Foundations of Human Rights ISBN 9780199688630
Published April 2015
Oxford University Press
£51.00
Philosophical Foundations of Contract Law ISBN 9780198713012
Published December 2014
Oxford University Press
£100.00
Philosophical Foundations of Contract Law (eBook) ISBN 9780191022081
Published December 2014
Oxford University Press
£27.49 + £5.50 VAT
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Philosophical Foundations of Fiduciary Law (eBook) ISBN 9780191005299
Published August 2014
Oxford University Press
£29.16 + £5.83 VAT
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Philosophical Foundations of Fiduciary Law ISBN 9780198701729
Published August 2014
Oxford University Press
£100.00
Philosophical Foundations of the Law of Torts
Edited by: John Oberdiek
ISBN 9780198701385
Published March 2014
Oxford University Press
£105.00
Philosophical Foundations of the Law of Torts (eBook)
Edited by: John Oberdiek
ISBN 9780191005084
Published March 2014
Oxford University Press
£24.96 + £4.99 VAT
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Philosophical Foundations of Discrimination Law ISBN 9780199664313
Published November 2013
Oxford University Press
£86.00
Philosophical Foundations of Discrimination Law (eBook) ISBN 9780191641305
Published November 2013
Oxford University Press
£67.50 + £13.50 VAT
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Philosophical Foundations of Property Law ISBN 9780199673582
Published November 2013
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£86.00
Philosophical Foundations of Property Law (eBook) ISBN 9780191654534
Published November 2013
Oxford University Press
£67.50 + £13.50 VAT
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Philosophical Foundations of The Nature of Law ISBN 9780199675517
Published March 2013
Oxford University Press
£91.00
Philosophical Foundations of The Nature of Law (eBook) ISBN 9780191665622
Published March 2013
Oxford University Press
£24.96 + £4.99 VAT
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Philosophical Foundations of Criminal Law (eBook) ISBN 9780191654701
Published January 2013
Oxford University Press
£30.41 + £6.08 VAT
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Philosophical Foundations of Criminal Law ISBN 9780199673674
Published January 2013
Oxford University Press
£38.49
Philosophical Foundations of Language in the Law ISBN 9780199673704
Published January 2013
Oxford University Press
£31.49
Philosophical Foundations of EU Law ISBN 9780199588770
Published October 2012
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£117.50
Philosophical Foundations of EU Law (eBook) ISBN 9780191652165
Published October 2012
Oxford University Press
£93.75 + £18.75 VAT
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Philosophical Foundations of Language in the Law ISBN 9780199572380
Published June 2011
Oxford University Press
£80.00
Philosophical Foundations of Language in the Law (eBook) ISBN 9780191654756
Published June 2011
Oxford University Press
£26.24 + £5.25 VAT
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Philosophical Foundations of Criminal Law ISBN 9780199559152
Published March 2011
Oxford University Press
£117.50
Philosophical Foundations of the Law of Unjust Enrichment ISBN 9780199567751
Published March 2009
Oxford University Press
£95.00