Author: John Eekelaar
Publisher: Bloomsbury Publishing
ISBN: 1782251588
Category : Law
Languages : en
Pages : 238
Book Description
This book is about the delivery of family justice in England and Wales, focusing on the work of the family judiciary in the lower courts. The policy context is moving so rapidly that the authors have gone beyond presenting their empirical findings to offer a broader consideration of the nature and role of the family justice system, as these are in danger of being lost amid present reform proposals. The first four chapters are historical and comparative, examining assumptions about family justice and offering a defence of the role of legal rights in family life, and the importance of good policy-making balancing outcome- and behaviour-focused approaches to family justice. Comparative examples from the US and Australia show how new approaches to family justice can be successfully deployed. The next three chapters are empirical, including a typology of the roles played and tasks addressed by the judges, overturning the commonly held assumption that the central judicial role is adjudication, emphasising the extent to which judges integrate outcome- and behaviour-focused approaches to family justice, and giving a detailed account of the daily work of circuit and district judges and legal advisers. The conclusion is that there is a trend across jurisdictions, driven by technological innovation and by economic constraints, to reduce the role of courts and lawyers in favour of individual choices based on private or government-funded information sources. While these developments can be beneficial, they also have dangers and limitations. The final chapter argues that despite the move to privatised forms of dispute resolution, family justice still demands a sound judicial structure.
Family Justice
Author: John Eekelaar
Publisher: Bloomsbury Publishing
ISBN: 1782251588
Category : Law
Languages : en
Pages : 238
Book Description
This book is about the delivery of family justice in England and Wales, focusing on the work of the family judiciary in the lower courts. The policy context is moving so rapidly that the authors have gone beyond presenting their empirical findings to offer a broader consideration of the nature and role of the family justice system, as these are in danger of being lost amid present reform proposals. The first four chapters are historical and comparative, examining assumptions about family justice and offering a defence of the role of legal rights in family life, and the importance of good policy-making balancing outcome- and behaviour-focused approaches to family justice. Comparative examples from the US and Australia show how new approaches to family justice can be successfully deployed. The next three chapters are empirical, including a typology of the roles played and tasks addressed by the judges, overturning the commonly held assumption that the central judicial role is adjudication, emphasising the extent to which judges integrate outcome- and behaviour-focused approaches to family justice, and giving a detailed account of the daily work of circuit and district judges and legal advisers. The conclusion is that there is a trend across jurisdictions, driven by technological innovation and by economic constraints, to reduce the role of courts and lawyers in favour of individual choices based on private or government-funded information sources. While these developments can be beneficial, they also have dangers and limitations. The final chapter argues that despite the move to privatised forms of dispute resolution, family justice still demands a sound judicial structure.
Publisher: Bloomsbury Publishing
ISBN: 1782251588
Category : Law
Languages : en
Pages : 238
Book Description
This book is about the delivery of family justice in England and Wales, focusing on the work of the family judiciary in the lower courts. The policy context is moving so rapidly that the authors have gone beyond presenting their empirical findings to offer a broader consideration of the nature and role of the family justice system, as these are in danger of being lost amid present reform proposals. The first four chapters are historical and comparative, examining assumptions about family justice and offering a defence of the role of legal rights in family life, and the importance of good policy-making balancing outcome- and behaviour-focused approaches to family justice. Comparative examples from the US and Australia show how new approaches to family justice can be successfully deployed. The next three chapters are empirical, including a typology of the roles played and tasks addressed by the judges, overturning the commonly held assumption that the central judicial role is adjudication, emphasising the extent to which judges integrate outcome- and behaviour-focused approaches to family justice, and giving a detailed account of the daily work of circuit and district judges and legal advisers. The conclusion is that there is a trend across jurisdictions, driven by technological innovation and by economic constraints, to reduce the role of courts and lawyers in favour of individual choices based on private or government-funded information sources. While these developments can be beneficial, they also have dangers and limitations. The final chapter argues that despite the move to privatised forms of dispute resolution, family justice still demands a sound judicial structure.
Victimology
Author: Leah E. Daigle
Publisher: SAGE
ISBN: 1412987326
Category : Political Science
Languages : en
Pages : 673
Book Description
"This book provides an overview of the field of victimology, including a collection of carefully selected articles that have previously appeared in leading journals, along with original material in a mini-chapter format that contextualizes the concepts. It provides the history and development of the field of victimology, explains who is victimized and why, explains how the criminal justice system and other social services interact with victims and each other, and provides information about specific types of victimization."--Back cover.
Publisher: SAGE
ISBN: 1412987326
Category : Political Science
Languages : en
Pages : 673
Book Description
"This book provides an overview of the field of victimology, including a collection of carefully selected articles that have previously appeared in leading journals, along with original material in a mini-chapter format that contextualizes the concepts. It provides the history and development of the field of victimology, explains who is victimized and why, explains how the criminal justice system and other social services interact with victims and each other, and provides information about specific types of victimization."--Back cover.
Undesirable
Author: Jennifer Anne Boittin
Publisher: University of Chicago Press
ISBN: 0226822249
Category : History
Languages : en
Pages : 283
Book Description
Archival research into policing and surveillance of migrant women illuminates pressing contemporary issues. Examining little-known policing archives in France, Senegal, and Cambodia, Jennifer Anne Boittin unearths the stories of hundreds of women labeled “undesirable” by the French colonial police and society in the early twentieth century. These “undesirables” were often women traveling alone, women who were poor or ill, women of color, or women whose intimate lives were deemed unruly. To refute the label and be able to move freely, they spoke out or wrote impassioned letters: some emphasized their “undesirable” qualities to suggest that they needed the care and protection of the state to support their movements, while others used the empire’s own laws around Frenchness and mobility to challenge state or societal interference. Tacking between advocacy and supplication, these women summoned intimate details to move beyond, contest, or confound surveillance efforts, bringing to life a practice that Boittin terms “passionate mobility.” In considering how ordinary women pursued autonomy, security, companionship, or simply a better existence in the face of surveillance and control, Undesirable illuminates pressing contemporary issues of migration and violence.
Publisher: University of Chicago Press
ISBN: 0226822249
Category : History
Languages : en
Pages : 283
Book Description
Archival research into policing and surveillance of migrant women illuminates pressing contemporary issues. Examining little-known policing archives in France, Senegal, and Cambodia, Jennifer Anne Boittin unearths the stories of hundreds of women labeled “undesirable” by the French colonial police and society in the early twentieth century. These “undesirables” were often women traveling alone, women who were poor or ill, women of color, or women whose intimate lives were deemed unruly. To refute the label and be able to move freely, they spoke out or wrote impassioned letters: some emphasized their “undesirable” qualities to suggest that they needed the care and protection of the state to support their movements, while others used the empire’s own laws around Frenchness and mobility to challenge state or societal interference. Tacking between advocacy and supplication, these women summoned intimate details to move beyond, contest, or confound surveillance efforts, bringing to life a practice that Boittin terms “passionate mobility.” In considering how ordinary women pursued autonomy, security, companionship, or simply a better existence in the face of surveillance and control, Undesirable illuminates pressing contemporary issues of migration and violence.
A Troubled Marriage
Author: Leigh Goodmark
Publisher: NYU Press
ISBN: 1479858579
Category : Family & Relationships
Languages : en
Pages : 264
Book Description
Choice's Outstanding Academic Title list for 2013 The development of a legal regime to combat domestic violence in the United States has been lauded as one of the feminist movement’s greatest triumphs. But, Leigh Goodmark argues, the resulting system is deeply flawed in ways that prevent it from assisting many women subjected to abuse. The current legal response to domestic violence is excessively focused on physical violence; this narrow definition of abuse fails to provide protection from behaviors that are profoundly damaging, including psychological, economic, and reproductive abuse. The system uses mandatory policies that deny women subjected to abuse autonomy and agency, substituting the state’s priorities for women’s goals. A Troubled Marriage is a provocative exploration of how the legal system’s response to domestic violence developed, why that response is flawed, and what we should do to change it. Goodmark argues for an anti-essentialist system, which would define abuse and allocate power in a manner attentive to the experiences, goals, needs and priorities of individual women. Theoretically rich yet conversational, A Troubled Marriage imagines a legal system based on anti-essentialist principles and suggests ways to look beyond the system to help women find justice and economic stability, engage men in the struggle to end abuse, and develop community accountability for abuse.
Publisher: NYU Press
ISBN: 1479858579
Category : Family & Relationships
Languages : en
Pages : 264
Book Description
Choice's Outstanding Academic Title list for 2013 The development of a legal regime to combat domestic violence in the United States has been lauded as one of the feminist movement’s greatest triumphs. But, Leigh Goodmark argues, the resulting system is deeply flawed in ways that prevent it from assisting many women subjected to abuse. The current legal response to domestic violence is excessively focused on physical violence; this narrow definition of abuse fails to provide protection from behaviors that are profoundly damaging, including psychological, economic, and reproductive abuse. The system uses mandatory policies that deny women subjected to abuse autonomy and agency, substituting the state’s priorities for women’s goals. A Troubled Marriage is a provocative exploration of how the legal system’s response to domestic violence developed, why that response is flawed, and what we should do to change it. Goodmark argues for an anti-essentialist system, which would define abuse and allocate power in a manner attentive to the experiences, goals, needs and priorities of individual women. Theoretically rich yet conversational, A Troubled Marriage imagines a legal system based on anti-essentialist principles and suggests ways to look beyond the system to help women find justice and economic stability, engage men in the struggle to end abuse, and develop community accountability for abuse.
Abetting Batterers
Author: Andrew R. Klein
Publisher: Rowman & Littlefield
ISBN: 1538137429
Category : Social Science
Languages : en
Pages : 315
Book Description
Whatever the number, domestic violence victims remain far too many for a preventable crime. More and more victims of intimate partner violence are reaching out to police, prosecutors and judges only to be sorely disappointed, even betrayed. While laws and programs have multiplied over the last few decades to address domestic violence, the country is getting safer for almost everyone except for women who have, or have had, abusive male intimate partners. Andrew R. Klein and Jessica L. Klein look at the criminal justice response to domestic violence across America today, ranging from police to prosecutors and courtrooms across the nation. Abetting Batterers reveals the troubling pattern of inattention and incompetence that compromises the safety of women and encourages their male abusers to continue their abuse and violence. Although criminal justice system agencies vary among cities, towns and counties within the same state they all too often relegate domestic violence to the backburners of the system, dismissing victims and ignoring even the most serious and chronic abusers. The variation reveals the real problem in preventing intimate partner violence lies in these agencies’ commitment and will, rather than their ability to do the job. The authors unveil what is working in regard to protecting victims of domestic violence and holding their abusers accountable, and they suggest strategies for ensuring that what is being done right can be replicated and become the law and practice across the nation. The wide variation in how intimate partner violence is handled by similar jurisdictions demonstrates the real problem in preventing it lies in these agencies’ commitment, rather than ability to do the job. This book proves to be invaluable in understanding what is and is not being done in the reality of domestic violence in America.
Publisher: Rowman & Littlefield
ISBN: 1538137429
Category : Social Science
Languages : en
Pages : 315
Book Description
Whatever the number, domestic violence victims remain far too many for a preventable crime. More and more victims of intimate partner violence are reaching out to police, prosecutors and judges only to be sorely disappointed, even betrayed. While laws and programs have multiplied over the last few decades to address domestic violence, the country is getting safer for almost everyone except for women who have, or have had, abusive male intimate partners. Andrew R. Klein and Jessica L. Klein look at the criminal justice response to domestic violence across America today, ranging from police to prosecutors and courtrooms across the nation. Abetting Batterers reveals the troubling pattern of inattention and incompetence that compromises the safety of women and encourages their male abusers to continue their abuse and violence. Although criminal justice system agencies vary among cities, towns and counties within the same state they all too often relegate domestic violence to the backburners of the system, dismissing victims and ignoring even the most serious and chronic abusers. The variation reveals the real problem in preventing intimate partner violence lies in these agencies’ commitment and will, rather than their ability to do the job. The authors unveil what is working in regard to protecting victims of domestic violence and holding their abusers accountable, and they suggest strategies for ensuring that what is being done right can be replicated and become the law and practice across the nation. The wide variation in how intimate partner violence is handled by similar jurisdictions demonstrates the real problem in preventing it lies in these agencies’ commitment, rather than ability to do the job. This book proves to be invaluable in understanding what is and is not being done in the reality of domestic violence in America.
Collaborative Practice
Author: Connie Healy
Publisher: Routledge
ISBN: 131736418X
Category : Law
Languages : en
Pages : 182
Book Description
Collaborative practice is a new method of dispute resolution, used mainly in family law matters. By taking a non-adversarial approach, it challenges the strictly positivist view of the lawyer as ‘zealous advocate’ for the client. As such, it has received much criticism from the established Bar and legal profession. This book provides a doctrinal and empirical analysis of collaborative practice with a view to assessing its place within the dispute resolution continuum and addressing whether this criticism has been justified. It begins by establishing the theoretical underpinnings of conflict and differing approaches to conflict resolution, the impact of the comprehensive law movement and therapeutic jurisprudence. The origins and development of the collaborative process and the framework it provides for a multidisciplinary approach to conflict resolution is outlined. The book addresses the examination of the process undertaken in the lead up to the enactment of the Uniform Collaborative Law Act in 2010; now regarded as a model of best practice. Finally, through an examination of empirical research undertaken in the US, Canada and in England and Wales, and in presenting the results of the first known empirical research into the process in an Irish family law context, the book concludes with an evidenced based analysis of the process from the perspective of couples who chose to use the collaborative model to resolve the issues surrounding their relationship breakdown, collaborative lawyers and lawyers who do not advocate a non-adversarial approach. As such this book provides a valuable insight into the process which will be of interest to: academics; practising lawyers; members of the judiciary; researchers in the fields of conflict resolution and family law and for students studying alternative dispute resolution (ADR).
Publisher: Routledge
ISBN: 131736418X
Category : Law
Languages : en
Pages : 182
Book Description
Collaborative practice is a new method of dispute resolution, used mainly in family law matters. By taking a non-adversarial approach, it challenges the strictly positivist view of the lawyer as ‘zealous advocate’ for the client. As such, it has received much criticism from the established Bar and legal profession. This book provides a doctrinal and empirical analysis of collaborative practice with a view to assessing its place within the dispute resolution continuum and addressing whether this criticism has been justified. It begins by establishing the theoretical underpinnings of conflict and differing approaches to conflict resolution, the impact of the comprehensive law movement and therapeutic jurisprudence. The origins and development of the collaborative process and the framework it provides for a multidisciplinary approach to conflict resolution is outlined. The book addresses the examination of the process undertaken in the lead up to the enactment of the Uniform Collaborative Law Act in 2010; now regarded as a model of best practice. Finally, through an examination of empirical research undertaken in the US, Canada and in England and Wales, and in presenting the results of the first known empirical research into the process in an Irish family law context, the book concludes with an evidenced based analysis of the process from the perspective of couples who chose to use the collaborative model to resolve the issues surrounding their relationship breakdown, collaborative lawyers and lawyers who do not advocate a non-adversarial approach. As such this book provides a valuable insight into the process which will be of interest to: academics; practising lawyers; members of the judiciary; researchers in the fields of conflict resolution and family law and for students studying alternative dispute resolution (ADR).
Ohio Probate Code, Annotated
Author: Ohio
Publisher:
ISBN:
Category : Probate law and practice
Languages : en
Pages : 1454
Book Description
Publisher:
ISBN:
Category : Probate law and practice
Languages : en
Pages : 1454
Book Description
Coercive Control
Author: Evan Stark
Publisher: Oxford University Press
ISBN: 0195384040
Category : Family & Relationships
Languages : en
Pages : 465
Book Description
Drawing on cases, Stark identifies the problems with our current approach to domestic violence, outlines the components of coercive control, and then uses this alternate framework to analyse the cases of battered women charged with criminal offenses directed at their abusers.
Publisher: Oxford University Press
ISBN: 0195384040
Category : Family & Relationships
Languages : en
Pages : 465
Book Description
Drawing on cases, Stark identifies the problems with our current approach to domestic violence, outlines the components of coercive control, and then uses this alternate framework to analyse the cases of battered women charged with criminal offenses directed at their abusers.
The General Code of the State of Ohio
Author: Ohio
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 968
Book Description
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 968
Book Description
Women and Capital Punishment in the United States
Author: David V. Baker
Publisher: McFarland
ISBN: 0786499508
Category : History
Languages : en
Pages : 439
Book Description
The history of the execution of women in the United States has largely been ignored and scholars have given scant attention to gender issues in capital punishment. This historical analysis examines the social, political and economic contexts in which the justice system has put women to death, revealing a pattern of patriarchal domination and female subordination. The book includes a discussion of condemned women granted executive clemency and judicial commutations, an inquiry into women falsely convicted in potentially capital cases and a profile of the current female death row population.
Publisher: McFarland
ISBN: 0786499508
Category : History
Languages : en
Pages : 439
Book Description
The history of the execution of women in the United States has largely been ignored and scholars have given scant attention to gender issues in capital punishment. This historical analysis examines the social, political and economic contexts in which the justice system has put women to death, revealing a pattern of patriarchal domination and female subordination. The book includes a discussion of condemned women granted executive clemency and judicial commutations, an inquiry into women falsely convicted in potentially capital cases and a profile of the current female death row population.