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Making Family Law: A Socio Legal Account of Legislative Process in England and Wales, 1985 to 2010

Autor Mavis Maclean, Jacek Kurczewski
en Limba Engleză Hardback – 29 iun 2011
The legislative process is complex, encompassing a variety of aims and outcomes. Some norms and rules are embodied in law because we are simply expected by government to follow them. Others are there for entirely different reasons. A legislator may wish to send messages about what constitutes desirable behaviour, to demonstrate government's ability to deal with a local and short-term issue or to distract the electorate from other crises. Law is often, though not always, designed as a means to an end. Taking a sociological and empirically-based approach, this book offers a rare insight into the real processes by which lawmakers attempt to influence (or fail to influence) human behaviour.This account of the legislative process in Westminster rests on the author's observations and discussion with key players from the standpoint of an academic adviser on research to the department responsible for family law-making (originally the Lord Chancellor's department, then the Department for Constitutional Affairs and now the Ministry of Justice) and draws on her longstanding involvement in and knowledge of the processes of law-making. Documenting the little understood processes that occur in Whitehall, in particular how ministers, advisers and officials work together, it reveals a quite different picture from that of the rational lawmaker imagined in textbooks. Instead what emerges is an empirically-based view of the aims and functions of statute law including the different forms and relevance of symbolic legislation and a realistic view of what law aims to accomplish and what can be done in practice.
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Specificații

ISBN-13: 9781849462273
ISBN-10: 1849462275
Pagini: 132
Dimensiuni: 138 x 216 x 11 mm
Greutate: 0.3 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

The book offers a rare insight into the real processes by which law-makers attempt to influemce (or fail to influence) human behaviour.Based on the author's observations and discussion with key players in the department responsible for family law making.An empirically based view of the aims and functions of statute law.

Notă biografică

Mavis Maclean is a Senior Research Associate in the Department of Social Work and Intervention, a Senior Research Fellow in the Faculty of Law, and co-director of the Oxford Centre for Family Law and Policy, University of Oxford.Jacek Kurczewski is a Professor at the University of Warsaw.

Cuprins

1. Introduction What is Law-making? Who Makes Law? The Purpose and Limitation of Law-making The Legislative Context Anglo-Polish Comparisons Case Studies in the Reform of English Family Law, 1829-2009 What Constitutes Legislative Success? 2. Successful Codification: The Making of the Children Act (England and Wales) 1989 Public and Private Family Law The Children Act (England and Wales) 1989Concluding Observations 3. Prime Ministerial Intervention: The Child Support Act 1991 Background The Development of the Child Support Act The Content of the Child Support Bill Passage of the Act Looking Back at the Child Support Act 4. Campaigns and Tactics: Batman and Robin and the Children Adoption Act 2006 Background 5. Opening up the Family Courts: The Media, the Ministry and the Children, Schools and Families Act 2010 Background The Consultation Processes Detailed Policy Work: Moving Slowly Forward Progress? A Success? 6. Reflections Introduction Barriers to Achieving Effective Legislation Limitations on the Effectiveness of Legislative Change when the Process has been Completed Challenges to Legislative Change Adaptation to Legislation and Normative Change over Time From Social Problem to Law How Much New Law Do We Need?

Descriere

Taking a sociological and empirically-based approach this book considers the processes by which law-makers attempt to influence human behaviour.