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What Is a Family Justice System For?

Edited by: Mavis Maclean, Rachel Treloar, Bregje Dijksterhuis

ISBN13: 9781509950973
Published: August 2022
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £90.00
Paperback edition , ISBN13 9781509951017



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Does a justice system have a welfare function? If so, where does the boundary lie between justice and welfare, and where can the necessary resources and expertise be found?

In a time of austerity, medical emergency, and limited public funding, this book explores the role of the family justice system and asks whether it has a function beyond decision-making in dispute resolution. Might a family justice system even help to prevent or minimise conflict as well as resolving dispute when it arises?

The book is divided into 4 parts, with contributions from 22 legal scholars working across Europe, Australia, Argentina and Canada.

  • Part 1 looks at what constitutes a family justice system in different jurisdictions, and how a welfare element is included in the legal framework
  • Part 2 looks at those engaged with a family justice system as professionals and users, and explores how far private ordering is encouraged in different countries
  • Part 3 looks at new ways of working within a family justice system and raises the question of whether the move towards privatisation derives from the intrinsic value of individual autonomy and acceptance of responsibility in family disputes, or whether it is also a response to the increasing burden on the state of providing a welfare-minded family justice system, and
  • Part 4 explores recent major changes of direction for the family justice systems of Australia, Argentina, Turkey, Spain, and Germany

Subjects:
Family Law
Contents:
Part 1 - Refining the Boundaries of a Family Justice System: The Relationship between Justice and Welfare?
1. Recent Family Law Reforms and High Conflict Post-Separation Parenting Disputes in Canada
Rachel Treloar (Keele University, UK)
2. Cooperation in the Danish System
Annette Kronborg (University of Southern Denmark) and Christine Jeppesen de Boer (Utrecht University, Netherlands)
3. Should Family Justice Systems Reflect Individual Social Norms in Financial Arrangements after Divorce?
Bregje Djksterhuis (University of Utrecht, Netherlands) and Alexander Flos (VU Univesity Amsterdam, Netherlands)
4. Does Swiss Divorce Law Fulfil the Constitutional Mandate to Implement Gender Equality?
Michelle Cottier and Binda Sahdeva (both at University of Geneva, Switzerland)
Part 2 - How Are Working Practices Changing in the Family Justice System? Is the Growing Emphasis on Party Autonomy a Positive Choice or Driven by Economy?
5. What Is the Scope of Family Courts in France? Old and New Reforms Examined
Benoit Bastard (University of Paris-Saclay, France)
6. Family Issues and the Courts
Malgorzata Fuszara and Jacek Maria Kurczewski (both at University of Warsaw, Poland)
7. Family Justice and ADR in Spain: Which Cases Go Beyond ADR to the Courts? What Is the Impact of the Current COVID-19 Crisis?
Teresa Piconto Novales (University of Zaragoza, Spain) and Elena Lauroba (University of Barcelona, Spain)
Part 3 - After Entering the Door of the Court, What New Procedures Are Developing with the Involvement of Different Professionals and Lay Advisers in Legally Assisted Decision Making?
8. Experimenting with Non-Adversarial Divorce Procedure in the Netherlands
Masha Antokolskaya (VU University of Amsterdam, Netherlands)
9. Family Law Students as Assistants and/or Advisers: Is It More Important to Help or to Learn?
Lisa Webley (University of Birmingham, UK)
10. Who Needs What, Where and When? CLOCK, the Community Legal Companion: A Transformative Methodology to Identify Resources and Navigate Legal Needs through the Family Justice System
Jane Krishnadas (Keele University, UK)
Part 4 - Policy Change and User Impact: Aspirations, Aims and Outcomes in Argentina, Turkey, Australia, Germany and Spain
11. Developing Holistic and Inclusive Family Justice in Argentina
Julietta Marotta (Maastricht University, Netherlands)
12. The Impact of the E Court on the Family Justice System in Turkey
Verda Irtis (Galatasaray University, Turkey)
13. Australia's Family Justice Reforms: Vision and Reality
Belinda Fehlberg (University of Melbourne, Australia) and Richard Ingleby (Victorian Bar, Australia)
14. A Clear Vision for the Family Justice System, Bringing Together Justice and Welfare with the Court as a Binding Setting for Alternative Dispute Resolution in Germany
Thomas Meysen (International Centre for Socio Legal Studies, Heidelberg, Germany)
15. The German Family Justice System and Disputes: Preventing, Managing, Settling and Adjudicating on the One Hand, and Enforcing, Sanctioning, and Defending on the Other
Barbara Willenbacher (Leibniz University, Germany)
16. Family Justice: The Role of the Judiciary and the Human Rights of People Involved in Family Law Conflict
Encarna Roca Trias (Deputy President of the Constitutional Court of Spain)
17. Concluding Observations
Mavis Maclean (University of Oxford, UK), Rachel Treloar (University of Keele, UK) and Bregje Dijksterhuis (Utrecht University, Netherlands)

Series: Onati International Series in Law and Society

Price on Application
Gender and Careers in the Legal Academy ISBN 9781509946648
Published October 2022
Hart Publishing
£64.99
What Is a Family Justice System For? (eBook) ISBN 9781509950980
Published August 2022
Hart Publishing
£38.69
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Contesting Austerity: A Socio-Legal Inquiry (eBook) ISBN 9781509942824
Published July 2021
Hart Publishing
£38.69
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Contesting Austerity: A Socio-Legal Inquiry ISBN 9781509942817
Published July 2021
Hart Publishing
£95.00
Gender and Careers in the Legal Academy ISBN 9781509923113
Published February 2021
Hart Publishing
£150.00
Gender and Careers in the Legal Academy (eBook) ISBN 9781509923120
Published February 2021
Hart Publishing
£58.49
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£34.99
£31.99
£28.99
£85.00
£28.99
Life Imprisonment and Human Rights ISBN 9781509928835
Published April 2019
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£39.99
£28.79
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Temporary Labour Migration in the Global Era: The Regulatory Challenges ISBN 9781509927494
Published February 2019
Hart Publishing
£37.99
£35.99
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Criminologies of the Military: Militarism, National Security and Justice ISBN 9781509904860
Published June 2018
Hart Publishing
£90.00
Regulatory Transformations: Rethinking Economy-Society Interactions ISBN 9781509917822
Published November 2017
Hart Publishing
£38.99
£95.00
£35.99
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Delivering Family Justice in the 21st Century ISBN 9781509917754
Published October 2017
Hart Publishing
£29.99
European Penology? ISBN 9781509914500
Published February 2017
Hart Publishing
£39.99
Women's Rights to Social Security and Social Protection ISBN 9781509912957
Published February 2017
Hart Publishing
£44.99
Trust in International Police and Justice Cooperation ISBN 9781849467681
Published January 2017
Hart Publishing
£75.00
Life Imprisonment and Human Rights ISBN 9781509902200
Published December 2016
Hart Publishing
£95.00
Temporary Labour Migration in the Global Era: The Regulatory Challenges ISBN 9781509906284
Published October 2016
Hart Publishing
£95.00
Temporary Labour Migration in the Global Era: The Regulatory Challenges (eBook) ISBN 9781509906291
Published October 2016
Hart Publishing
£34.19
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Regulatory Transformations: Rethinking Economy-Society Interactions ISBN 9781849463447
Published August 2015
Hart Publishing
£95.00
£35.09
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Delivering Family Justice in the 21st Century ISBN 9781849469128
Published July 2015
Hart Publishing
£80.00
Delivering Family Justice in the 21st Century (eBook) ISBN 9781782259718
Published July 2015
Hart Publishing
£26.99
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Women's Rights to Social Security and Social Protection (eBook) ISBN 9781849469760
Published October 2014
Hart Publishing
£40.49
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Women's Rights to Social Security and Social Protection ISBN 9781849466929
Published October 2014
Hart Publishing
£130.00
£28.79
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£31.99
Emotions, Crime and Justice ISBN 9781849466837
Published July 2014
Hart Publishing
£28.99
Gender and Judging ISBN 9781841136400
Published July 2013
Hart Publishing
£90.00
Gender and Judging (eBook) ISBN 9781782251118
Published July 2013
Hart Publishing
£81.00
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European Penology? ISBN 9781849462334
Published May 2013
Hart Publishing
£95.00
European Penology? (eBook) ISBN 9781782251309
Published May 2013
Hart Publishing
£35.99
(ePub)
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£85.50
(ePub)
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£95.00
Managing Family Justice in Diverse Societies ISBN 9781849464000
Published February 2013
Hart Publishing
£95.00
Managing Family Justice in Diverse Societies (eBook) ISBN 9781782250777
Published February 2013
Hart Publishing
£26.09
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£81.00
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Shooting to Kill: Socio-Legal Perspectives on the Use of Lethal Force ISBN 9781849462921
Published November 2012
Hart Publishing
£90.00
Challenging the Legal Boundaries of Work Regulation (eBook) ISBN 9781847319784
Published July 2012
Hart Publishing
£85.50
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Challenging the Legal Boundaries of Work Regulation ISBN 9781849462792
Published July 2012
Hart Publishing
£95.00
Criminological and Legal Consequences of Climate Change: ISBN 9781849461863
Published April 2012
Hart Publishing
£90.00
£81.00
(ePub)
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Mediation in Political Conflicts: Soft Power or Counter Culture
Edited by: Jacques Faget
ISBN 9781849460699
Published April 2011
Hart Publishing
£37.99
Emotions, Crime and Justice (eBook) ISBN 9781847317834
Published April 2011
Hart Publishing
£26.09
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Emotions, Crime and Justice ISBN 9781849461610
Published April 2011
Hart Publishing
£95.00
Travels of the Criminal Question: Cultural Embeddedness and Diffusion ISBN 9781849460767
Published February 2011
Hart Publishing
£90.00
Human Rights at Work: Perspectives on Law and Regulation ISBN 9781841139982
Published October 2010
Hart Publishing
£74.99
The Legal Tender of Gender: Law, Welfare and the Regulation of Women's Poverty ISBN 9781841133157
Published February 2010
Hart Publishing
£37.99
Criminology and Archaeology: Studies in the Looting of Antiquities ISBN 9781841139920
Published November 2009
Hart Publishing
£38.99
Changing Contours of Domestic Life, Family and Law: Caring and Sharing ISBN 9781841139036
Published September 2009
Hart Publishing
£38.99
Legal Institutions and Collective Memories ISBN 9781841133270
Published August 2009
Hart Publishing
£42.99
Legal Institutions and Collective Memories ISBN 9781841133263
Published August 2009
Hart Publishing
£100.00
Living Law: Reconsidering Eugen Ehrlich
Edited by: Marc Hertogh
ISBN 9781841138985
Published December 2008
Hart Publishing
£38.99
Women, Crime and Social Harm: Towards a Criminology for the Global Age ISBN 9781841138411
Published November 2008
Hart Publishing
£37.99
Rethinking Equality Projects in Law: Feminist Challenges ISBN 9781841138398
Published July 2008
Hart Publishing
£38.99
Responsible Business ISBN 9781841137803
Published July 2008
Hart Publishing
£38.99
Responsible Business ISBN 9781841137797
Published July 2008
Hart Publishing
£90.00
Parenting after Partnering: Containing Conflict after Separation ISBN 9781841137810
Published December 2007
Hart Publishing
£95.00
Parenting after Partnering: Containing Conflict after Separation
Edited by: Mavis Maclean
ISBN 9781841137827
Published December 2007
Hart Publishing
£37.99
Crafting Transnational Policing ISBN 9781841137759
Published November 2007
Hart Publishing
£95.00
£42.99
European Ways of Law: Towards a European Sociology of Law ISBN 9781841137773
Published October 2007
Hart Publishing
£95.00
European Ways of Law: Towards a European Sociology of Law ISBN 9781841137780
Published October 2007
Hart Publishing
£42.99
Globalisation and Resistance: Law reform in Asia since the Crisis ISBN 9781841136813
Published May 2007
Hart Publishing
£37.99
Globalisation and Resistance: Law Reform in Asia since the Crisis ISBN 9781841136806
Published May 2007
Hart Publishing
£95.00
Precarious Work, Women, and the New Economy: The Challenge to Legal Norms ISBN 9781841136165
Published April 2006
Hart Publishing
£41.99
Luhmann On Law and Politics: Critical, Appraisals and Applications ISBN 9781841136240
Published February 2006
Hart Publishing
£41.99
Theory and Method on Socio-Legal Research ISBN 9781841136264
Published December 2005
Hart Publishing
£42.99
Theory and Method on Socio-Legal Research (eBook) ISBN 9781847316912
Published December 2005
Hart Publishing
£38.69
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Theory and Method in Socio-legal Research ISBN 9781841136257
Published December 2005
Hart Publishing
£120.00
Contemporary Issues of the Semiotics of Law ISBN 9781841135458
Published September 2005
Hart Publishing
£95.00
Contemporary Issues of the Semiotics of Law ISBN 9781841135465
Published September 2005
Hart Publishing
£38.99
Family Law and Family Values ISBN 9781841135472
Published June 2005
Hart Publishing
£60.00
£38.99
£95.00
£43.99
After National Democracy ISBN 9781841133287
Published May 2004
Hart Publishing
£95.00
Women in the World's Legal Professions ISBN 9781841133201
Published April 2003
Hart Publishing
£69.99
Women in the World's Legal Professions ISBN 9781841133195
Published April 2003
Hart Publishing
£150.00
Adapting Legal Cultures ISBN 9781841132921
Published November 2001
Hart Publishing
£41.99
Rethinking Law Society and Governance
ISBN 9781841132945
Published November 2001
Hart Publishing
£41.99
Adapting Legal Cultures ISBN 9781841132914
Published November 2001
Hart Publishing
£130.00
Rethinking Law Society and Governance
ISBN 9781841132938
Published November 2001
Hart Publishing
£120.00
Poverty and the Law
ISBN 9781841131900
Published April 2001
Hart Publishing
£120.00
Poverty and the Law
ISBN 9781841131917
Published April 2001
Hart Publishing
£54.99
Making Law for Families
ISBN 9781841132051
Published December 2000
Hart Publishing
£120.00
Making Law for Families
Edited by: Mavis Maclean
ISBN 9781841132068
Published December 2000
Hart Publishing
£90.00
£54.99
Publication Abandoned