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Delivering Family Justice in the 21st Century: Oñati International Series in Law and Society

Editat de Mavis Maclean, Professor John Eekelaar, Professor Benoit Bastard
en Limba Engleză Hardback – 29 iul 2015
Family justice requires not only a legal framework within which personal obligations are regulated over the life course, but also a justice system which can deliver legal information, advice and support at times of change of status or family stress, together with mechanisms for negotiation, dispute management and resolution, with adjudication as the last resort. The past few years have seen unparalleled turbulence in the way family justice systems function. These changes are associated with economic constraints in many countries, including England and Wales, where legal aid for private family matters has largely disappeared. But there is also a change in ideology in a number of jurisdictions, including Canada, towards what is sometimes called neo-liberalism, whereby the state seeks to reduce its area of activity while at the same time maintaining strong views on family values. Legal services may become fragmented and marketised, and the role of law and lawyers reduced, while self-help web based services expand.The contributors to this volume share their anxieties about the impact on the ability of individuals to achieve fair and informed resolution in family matters.
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Specificații

ISBN-13: 9781849469128
ISBN-10: 1849469121
Pagini: 384
Dimensiuni: 156 x 234 x 30 mm
Greutate: 0.73 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Oñati International Series in Law and Society

Locul publicării:London, United Kingdom

Caracteristici

The contributors share their anxieties about the impact on the ability of individuals to achieve fair and informed resolution in family matters.

Notă biografică

Mavis Maclean is a Senior Research Fellow at St Hilda's College, and the Department of Social Policy and Intervention, Oxford.John Eekelaar is Emeritus Fellow of Pembroke College Oxford.Benoit Bastard is Director of Research at CNRS, University of Paris-Saclay.

Cuprins

Part I: Law and Delivering Family Justice1. The Neoliberal Context of Family Law Reform in British Columbia, Canada: Implications for Access to (Family) Justice Rachel Treloar2. The Revised Family Court System in New Zealand: Secret Justice and Privatisation Bill Atkin3. Shaping Substantive Law to Promote Access to Justice: Canada's Use of Child and Spousal Support Guidelines Carol Rogerson4. Performing the Marriage Act Straight: The Legal Regulation of Marriage in the Australian Civil Wedding Ceremony Becky BatagolPart II: Judges and Courts Delivering Family Justice5. National Paths Towards Private Ordering: Professionals 'Jurisdictions and Separating Couples' Privacy in the French and Canadian Family Justice Systems Emilie Biland , Muriel Mille and Hélène Steinmetz6. Family Justice in Bulgaria: The Old System and New DemandsVelina Todorova7. Family Courts and Family Cases in Poland and other Post-Communist Countries Malgorzata Fuszara and Jacek KurczewskiPart III: Current Context of Practice and PolicyI: Bypassing Courts8. Paths to Justice in Divorce Cases in England and Wales Rosemary Hunter , Anne Barlow, Janet Smithson and Jan Ewing9. Family Lawyers and Multi-agency Approaches: Why Don't Lawyers Work with Other Service Providers? Angela Melville , Karen Laing and Frank Stephen10. Family Justice Without Courts: Property Settlement on Separation Using Contracts in Scotland Jane Mair, Fran Wasoff and Kirsteen MackayII: Reducing Public Funding11. Access to Justice in Spain in Times of Austerity, with Special Reference to Family Justice Teresa Picontó -Novales12. Legal Aid, Fundamental Rights and Family Issues Encarna Roca Trías13. Taking Responsibility? Legal Aid Reform and Litigants in Person in England Liz Trinder14. Access to Justice in Hard Times and the Deconstruction of Democratic Citizenship Hilary Sommerlad15. Casualties of Friendly Fire: Counter Productive Campaigning on Public Funded Legal Services Peter G HarrisPart IV: Innovation in Delivering Family Justice16. Controlling Time ? Speeding Up Divorce Proceedings in France and Belgium Benoit Bastard , David Delvaux , Christian Mouhannaand Frédéric Schoenaers17. When is a Family Lawyer a Lawyer ? Lisa Webley18. New Ways to Seek Legal Information and Advice on Family Matters in England and Wales: From Professional Legal Services to Google and Private Ordering Mavis Maclean19. Can there be Family Justice Without Law ? John Eekelaar

Recenzii

[When] Delivering Family Justice in the 21st Century came out, I was confident of great things - and I was not disappointed...When you read [the editors'] proposal you find yourself wondering why on earth no one has thought of this before.