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61 produkter
61 produkter
Inbunden, Engelska, 1994
1 862 kr
Skickas inom 7-10 vardagar
The family has become a political battleground in both East and West. In the West, interventionist policies designed to encourage equality of opportunity and to eliminate the problems encountered by disadvantaged members of the traditional family (usually women, children and the elderly) have been replaced by a fresh quest for individual freedom from interference by the State. Once again inequality of economic power is determining decisions such as whether or if at all to seek divorce or abortion in situations where previously the State regulated by means of offering economic support. The process of 'rolling-back' the influence of the State has been dubbed 'privatisation' of the family, and the consequences of this shift by the State are here examined in considerable detail by a group of experts. The same examination of family in the East throws up similar terminology ('privatisation' for instance appears frequently) but the motivating forces and processes are intriguingly different. In the East concern to retain welfare provision, to reject the past, and to reflect national values without reducing individual liberty now requires a balancing act of extreme delicacy. State withdrawal from the family, leaving the family as a private sphere seems to be accompanied by a new emphasis on fundamental religious roles, which tend to stress differences between gender roles and to limit access to divorce or abortion in order to strengthen the 'traditional' family. The authors of this book examine this evolutionary process and ask what can be found of value in the exaggerated collectivism of the former communist regimes.
Inbunden, Engelska, 2000
2 061 kr
Skickas inom 5-8 vardagar
This unique contribution to comparative family law brings together dedicated essays on a comprehensive range of issues in family law in the United States and England showing how they stand at the beginning of the new century and how they reached there. This provides an unparalleled opportunity to examine how family law has reacted to a period of change in family life widely held to be without precedent. The legal analyses are set within critical accounts of wider social and family policy and against a fully explored demographic background provided by leading scholars in these areas. Readers will be challenged to understand the nature of family law and its possible future direction.
Häftad, Engelska, 2018
664 kr
Skickas inom 10-15 vardagar
Legal aid for family cases in private law, mainly divorce and separation, where the state is not directly involved as it is in public law cases where there are issues of domestic violence or neglect or abuse of children, came to an abrupt end together with help for welfare and immigration cases on April 1 2013 when the Legal Aid Sentencing and Punishment of Offenders Act (LASPO) came into effect. This book presents an account of the wide ranging problems which the researchers and practitioners expected to ensue. Sadly, their fears have been realised in many areas of legal help and advice. The National Audit Office was to take the view in 2014 that although the Ministry of Justice had succeeded in making considerable savings in the cause of austerity that they had failed to investigate or understand the impact of these cuts on the individuals concerned and society as a whole. This book was previously published as a special issue of the Journal of Social Welfare and Family Law.
Inbunden, Engelska, 2010
4 003 kr
Skickas inom 10-15 vardagar
This volume asks what legal and socio legal scholarship can contribute to understanding the role of law in the care and development of children. The editors have selected key articles ranging from theoretical analysis to empirical data based research that address the law's approach in the United States and the United Kingdom to resolving parenting disputes after separation, protecting children from abuse and neglect, and affording children procedural protections in the juvenile justice system. Their introduction to these important and often distressing areas of the law confirms the importance of understanding how law works in practice, and reaffirms that law itself remains responsible for articulating and protecting society's values.
Inbunden, Engelska, 2024
1 465 kr
Skickas inom 10-15 vardagar
During the 1980s a notable development in mainstream social policy in the United Kingdom was the emergence of a feminist critique. Originally published in 1991, Women’s Issues in Social Policy was intended as a contribution to the social policy literature which could also be used in a women’s studies context. It demonstrates the impossibility of understanding the welfare state without appreciating how it treats women, especially as dependants within the family, and the conflicts of interest between men and women as well as the unequal power relationships in the welfare context. It also highlights the fact that women’s traditional role in welfare provision is as unpaid carers for children, the elderly and incapacitated people, and is particularly concerned with the everyday experiences and dissatisfactions of women which had largely been ignored within mainstream social policy research and literature at the time.Women’s Issues in Social Policy incorporates recent research findings written from a feminist perspective and reveals the breadth and depth of recent work in previously unexplored areas such as time budgeting and transport, as well as developing analysis in traditional areas of interest such as health and personal care.The editors also looked into the wider European context and included a chapter which examines whether the abortion issue would give birth to feminism in Poland.Women’s Issues in Social Policy will be of value to teachers and students of social policy and women’s studies, as well as of interest to the general reader.
Häftad, Engelska, 2026
456 kr
Skickas inom 10-15 vardagar
During the 1980s a notable development in mainstream social policy in the United Kingdom was the emergence of a feminist critique. Originally published in 1991, Women’s Issues in Social Policy was intended as a contribution to the social policy literature which could also be used in a women’s studies context. It demonstrates the impossibility of understanding the welfare state without appreciating how it treats women, especially as dependants within the family, and the conflicts of interest between men and women as well as the unequal power relationships in the welfare context. It also highlights the fact that women’s traditional role in welfare provision is as unpaid carers for children, the elderly and incapacitated people, and is particularly concerned with the everyday experiences and dissatisfactions of women which had largely been ignored within mainstream social policy research and literature at the time.Women’s Issues in Social Policy incorporates recent research findings written from a feminist perspective and reveals the breadth and depth of recent work in previously unexplored areas such as time budgeting and transport, as well as developing analysis in traditional areas of interest such as health and personal care.The editors also looked into the wider European context and included a chapter which examines whether the abortion issue would give birth to feminism in Poland.Women’s Issues in Social Policy will be of value to teachers and students of social policy and women’s studies, as well as of interest to the general reader.
E-bok
PDF, Engelska, 2024538 kr
Läs direkt efter köp
During the 1980s a notable development in mainstream social policy in the United Kingdom was the emergence of a feminist critique. Originally published in 1991, Women’s Issues in Social Policy was intended as a contribution to the social policy literature which could also be used in a women’s studies context. It demonstrates the impossibility of understanding the welfare state without appreciating how it treats women, especially as dependants within the family, and the conflicts of interest between men and women as well as the unequal power relationships in the welfare context. It also highlights the fact that women’s traditional role in welfare provision is as unpaid carers for children, the elderly and incapacitated people, and is particularly concerned with the everyday experiences and dissatisfactions of women which had largely been ignored within mainstream social policy research and literature at the time.
Women’s Issues in Social Policy incorporates recent research findings written from a feminist perspective and reveals the breadth and depth of recent work in previously unexplored areas such as time budgeting and transport, as well as developing analysis in traditional areas of interest such as health and personal care.
The editors also looked into the wider European context and included a chapter which examines whether the abortion issue would give birth to feminism in Poland.
Women’s Issues in Social Policy will be of value to teachers and students of social policy and women’s studies, as well as of interest to the general reader.
E-bok
Engelska, 2024538 kr
Läs direkt efter köp
During the 1980s a notable development in mainstream social policy in the United Kingdom was the emergence of a feminist critique. Originally published in 1991, Women’s Issues in Social Policy was intended as a contribution to the social policy literature which could also be used in a women’s studies context. It demonstrates the impossibility of understanding the welfare state without appreciating how it treats women, especially as dependants within the family, and the conflicts of interest between men and women as well as the unequal power relationships in the welfare context. It also highlights the fact that women’s traditional role in welfare provision is as unpaid carers for children, the elderly and incapacitated people, and is particularly concerned with the everyday experiences and dissatisfactions of women which had largely been ignored within mainstream social policy research and literature at the time.
Women’s Issues in Social Policy incorporates recent research findings written from a feminist perspective and reveals the breadth and depth of recent work in previously unexplored areas such as time budgeting and transport, as well as developing analysis in traditional areas of interest such as health and personal care.
The editors also looked into the wider European context and included a chapter which examines whether the abortion issue would give birth to feminism in Poland.
Women’s Issues in Social Policy will be of value to teachers and students of social policy and women’s studies, as well as of interest to the general reader.
Inbunden, Engelska, 2016
2 225 kr
Skickas inom 10-15 vardagar
Legal aid for family cases in private law, mainly divorce and separation, where the state is not directly involved as it is in public law cases where there are issues of domestic violence or neglect or abuse of children, came to an abrupt end together with help for welfare and immigration cases on April 1 2013 when the Legal Aid Sentencing and Punishment of Offenders Act (LASPO) came into effect. This book presents an account of the wide ranging problems which the researchers and practitioners expected to ensue. Sadly, their fears have been realised in many areas of legal help and advice. The National Audit Office was to take the view in 2014 that although the Ministry of Justice had succeeded in making considerable savings in the cause of austerity that they had failed to investigate or understand the impact of these cuts on the individuals concerned and society as a whole. This book was previously published as a special issue of the Journal of Social Welfare and Family Law.
789 kr
Läs direkt efter köp
Legal aid for family cases in private law, mainly divorce and separation, where the state is not directly involved as it is in public law cases where there are issues of domestic violence or neglect or abuse of children, came to an abrupt end together with help for welfare and immigration cases on April 1 2013 when the Legal Aid Sentencing and Punishment of Offenders Act (LASPO) came into effect. This book presents an account of the wide ranging problems which the researchers and practitioners expected to ensue. Sadly, their fears have been realised in many areas of legal help and advice. The National Audit Office was to take the view in 2014 that although the Ministry of Justice had succeeded in making considerable savings in the cause of austerity that they had failed to investigate or understand the impact of these cuts on the individuals concerned and society as a whole. This book was previously published as a special issue of the Journal of Social Welfare and Family Law.
E-bok
PDF, Engelska, 2018789 kr
Läs direkt efter köp
Legal aid for family cases in private law, mainly divorce and separation, where the state is not directly involved as it is in public law cases where there are issues of domestic violence or neglect or abuse of children, came to an abrupt end together with help for welfare and immigration cases on April 1 2013 when the Legal Aid Sentencing and Punishment of Offenders Act (LASPO) came into effect. This book presents an account of the wide ranging problems which the researchers and practitioners expected to ensue. Sadly, their fears have been realised in many areas of legal help and advice. The National Audit Office was to take the view in 2014 that although the Ministry of Justice had succeeded in making considerable savings in the cause of austerity that they had failed to investigate or understand the impact of these cuts on the individuals concerned and society as a whole. This book was previously published as a special issue of the Journal of Social Welfare and Family Law.
E-bok
Engelska, 2017665 kr
Läs direkt efter köp
This volume asks what legal and socio legal scholarship can contribute to understanding the role of law in the care and development of children. The editors have selected key articles ranging from theoretical analysis to empirical data based research that address the law''s approach in the United States and the United Kingdom to resolving parenting disputes after separation, protecting children from abuse and neglect, and affording children procedural protections in the juvenile justice system. Their introduction to these important and often distressing areas of the law confirms the importance of understanding how law works in practice, and reaffirms that law itself remains responsible for articulating and protecting society''s values.
E-bok
PDF, Engelska, 2017665 kr
Läs direkt efter köp
This volume asks what legal and socio legal scholarship can contribute to understanding the role of law in the care and development of children. The editors have selected key articles ranging from theoretical analysis to empirical data based research that address the law''s approach in the United States and the United Kingdom to resolving parenting disputes after separation, protecting children from abuse and neglect, and affording children procedural protections in the juvenile justice system. Their introduction to these important and often distressing areas of the law confirms the importance of understanding how law works in practice, and reaffirms that law itself remains responsible for articulating and protecting society''s values.
Inbunden, Engelska, 2016
1 154 kr
Skickas inom 10-15 vardagar
Do lawyers make matters worse, or do they provide information, advice and support which can help to prevent disputes arising or manage them when they do? Do mediators enable parties to communicate and reach agreements tailor-made to their needs? Or working outside the legal framework, do they find it difficult to protect weaker parties and access expert advice? What happens when lawyers become mediators? This book will describe the structure of service provision and the day-to-day work of lawyers, mediators, and lawyer mediators, drawing on empirical work carried out between 2013 and 2015 immediately after the recent changes to the management of divorce and separation within the family justice system. The reduction in legal aided help in 2013 and the failure of mediation to fill the gap in 2014–15 have given rise to a difficult debate. This book aims to provide an account of some of the practical effects of these policies through a description of the daily work of practitioners in the sector. It raises the question of whether we need to choose between traditional legal services and the new processes of private ordering or whether intermediate positions might be possible.
E-bok
PDF, Engelska, 2016529 kr
Läs direkt efter köp
Do lawyers make matters worse, or do they provide information, advice and support which can help to prevent disputes arising or manage them when they do? Do mediators enable parties to communicate and reach agreements tailor-made to their needs? Or working outside the legal framework, do they find it difficult to protect weaker parties and access expert advice? What happens when lawyers become mediators? This book will describe the structure of service provision and the day-to-day work of lawyers, mediators, and lawyer mediators, drawing on empirical work carried out between 2013 and 2015 immediately after the recent changes to the management of divorce and separation within the family justice system. The reduction in legal aided help in 2013 and the failure of mediation to fill the gap in 2014–15 have given rise to a difficult debate. This book aims to provide an account of some of the practical effects of these policies through a description of the daily work of practitioners in the sector. It raises the question of whether we need to choose between traditional legal services and the new processes of private ordering or whether intermediate positions might be possible.
E-bok
Engelska, 2016529 kr
Läs direkt efter köp
Do lawyers make matters worse, or do they provide information, advice and support which can help to prevent disputes arising or manage them when they do? Do mediators enable parties to communicate and reach agreements tailor-made to their needs? Or working outside the legal framework, do they find it difficult to protect weaker parties and access expert advice? What happens when lawyers become mediators? This book will describe the structure of service provision and the day-to-day work of lawyers, mediators, and lawyer mediators, drawing on empirical work carried out between 2013 and 2015 immediately after the recent changes to the management of divorce and separation within the family justice system. The reduction in legal aided help in 2013 and the failure of mediation to fill the gap in 2014–15 have given rise to a difficult debate. This book aims to provide an account of some of the practical effects of these policies through a description of the daily work of practitioners in the sector. It raises the question of whether we need to choose between traditional legal services and the new processes of private ordering or whether intermediate positions might be possible.
Häftad, Engelska, 2017
415 kr
Skickas inom 10-15 vardagar
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.
Inbunden, Engelska, 2019
963 kr
Skickas inom 10-15 vardagar
After the Act describes the aftermath of the recent removal under LASPO of public funding from legal services in family matters other than in defined cases such as child protection and domestic abuse. Through analysis of the policy context, interviews with key players, observation of services provided by lawyers, students, lay support workers and the advice sector, the authors outline the work being done and the skills being used in a range of settings.The book raises questions not only about access to family justice, but about the role of law in family matters in an increasingly post-legal society. Fragmentation of the market in the new services offering information, initial advice, online or alternative dispute resolution – but rarely ongoing casework – raises questions about where costs fall and how quality can be assured. Many of these services are forms of private ordering, where outcomes are hard to assess.If neither the state nor the individual can afford full legal services where the best interests of any child involved are of paramount importance, and lawyers negotiate to make best use of the resources available, perhaps it is time to consider using lawyers differently, with lay support, to solve problems before they become disputes.
E-bok
Engelska, 2019418 kr
Läs direkt efter köp
After the Act describes the aftermath of the recent removal under LASPO of public funding from legal services in family matters other than in defined cases such as child protection and domestic abuse. Through analysis of the policy context, interviews with key players, observation of services provided by lawyers, students, lay support workers and the advice sector, the authors outline the work being done and the skills being used in a range of settings.The book raises questions not only about access to family justice, but about the role of law in family matters in an increasingly post-legal society. Fragmentation of the market in the new services offering information, initial advice, online or alternative dispute resolution – but rarely ongoing casework – raises questions about where costs fall and how quality can be assured. Many of these services are forms of private ordering, where outcomes are hard to assess.If neither the state nor the individual can afford full legal services where the best interests of any child involved are of paramount importance, and lawyers negotiate to make best use of the resources available, perhaps it is time to consider using lawyers differently, with lay support, to solve problems before they become disputes.
E-bok
PDF, Engelska, 2019403 kr
Läs direkt efter köp
After the Act describes the aftermath of the recent removal under LASPO of public funding from legal services in family matters other than in defined cases such as child protection and domestic abuse. Through analysis of the policy context, interviews with key players, observation of services provided by lawyers, students, lay support workers and the advice sector, the authors outline the work being done and the skills being used in a range of settings.The book raises questions not only about access to family justice, but about the role of law in family matters in an increasingly post-legal society. Fragmentation of the market in the new services offering information, initial advice, online or alternative dispute resolution – but rarely ongoing casework – raises questions about where costs fall and how quality can be assured. Many of these services are forms of private ordering, where outcomes are hard to assess.If neither the state nor the individual can afford full legal services where the best interests of any child involved are of paramount importance, and lawyers negotiate to make best use of the resources available, perhaps it is time to consider using lawyers differently, with lay support, to solve problems before they become disputes.
Häftad, Engelska, 2018
491 kr
Skickas inom 10-15 vardagar
Do lawyers make matters worse, or do they provide information, advice and support which can help to prevent disputes arising or manage them when they do? Do mediators enable parties to communicate and reach agreements tailor-made to their needs? Or working outside the legal framework, do they find it difficult to protect weaker parties and access expert advice? What happens when lawyers become mediators? This book will describe the structure of service provision and the day-to-day work of lawyers, mediators, and lawyer mediators, drawing on empirical work carried out between 2013 and 2015 immediately after the recent changes to the management of divorce and separation within the family justice system. The reduction in legal aided help in 2013 and the failure of mediation to fill the gap in 2014–15 have given rise to a difficult debate. This book aims to provide an account of some of the practical effects of these policies through a description of the daily work of practitioners in the sector. It raises the question of whether we need to choose between traditional legal services and the new processes of private ordering or whether intermediate positions might be possible.
Inbunden, Engelska, 2019
1 027 kr
Skickas inom 10-15 vardagar
The editors’ earlier book Delivering Family Justice in the 21st Century (2016) described a period of turbulence in family justice arising from financial austerity. Governments across the world have sought to reduce public spending on private quarrels by promoting mediation (ADR) and by beginning to look at digital justice (ODR) as alternatives to courts and lawyers. But this book describes how mediation has failed to take the place of courts and lawyers, even where public funding for legal help has been removed. Instead ODR has developed rapidly, led by the Dutch Rechtwijzer. The authors question the speed of this development, and stress the need for careful evaluation of how far these services can meet the needs of divorcing families.In this book, experts from Canada, Australia, Turkey, Spain, Germany, France, Poland, Scotland, and England and Wales explore how ADR has fallen behind, and how we have learned from the rise and fall of ODR in the Rechtwijzer about what digital justice can and cannot achieve. Managing procedure and process? Yes. Dispute resolution? Not yet.The authors end by raising broader questions about the role of a family justice system: is it dispute resolution? Or dispute prevention, management, and above all legal protection of the vulnerable?This title is included in Bloomsbury Professional's International Arbitration online service.
E-bok
Engelska, 2019446 kr
Läs direkt efter köp
The editors'' earlier book Delivering Family Justice in the 21st Century (2016) described a period of turbulence in family justice arising from financial austerity. Governments across the world have sought to reduce public spending on private quarrels by promoting mediation (ADR) and by beginning to look at digital justice (ODR) as alternatives to courts and lawyers. But this book describes how mediation has failed to take the place of courts and lawyers, even where public funding for legal help has been removed. Instead ODR has developed rapidly, led by the Dutch Rechtwijzer. The authors question the speed of this development, and stress the need for careful evaluation of how far these services can meet the needs of divorcing families.In this book, experts from Canada, Australia, Turkey, Spain, Germany, France, Poland, Scotland, and England and Wales explore how ADR has fallen behind, and how we have learned from the rise and fall of ODR in the Rechtwijzer about what digital justice can and cannot achieve. Managing procedure and process? Yes. Dispute resolution? Not yet.The authors end by raising broader questions about the role of a family justice system: is it dispute resolution? Or dispute prevention, management, and above all legal protection of the vulnerable?This title is included in Bloomsbury Professional''s International Arbitration online service.
E-bok
PDF, Engelska, 2019446 kr
Läs direkt efter köp
The editors'' earlier book Delivering Family Justice in the 21st Century (2016) described a period of turbulence in family justice arising from financial austerity. Governments across the world have sought to reduce public spending on private quarrels by promoting mediation (ADR) and by beginning to look at digital justice (ODR) as alternatives to courts and lawyers. But this book describes how mediation has failed to take the place of courts and lawyers, even where public funding for legal help has been removed. Instead ODR has developed rapidly, led by the Dutch Rechtwijzer. The authors question the speed of this development, and stress the need for careful evaluation of how far these services can meet the needs of divorcing families.In this book, experts from Canada, Australia, Turkey, Spain, Germany, France, Poland, Scotland, and England and Wales explore how ADR has fallen behind, and how we have learned from the rise and fall of ODR in the Rechtwijzer about what digital justice can and cannot achieve. Managing procedure and process? Yes. Dispute resolution? Not yet.The authors end by raising broader questions about the role of a family justice system: is it dispute resolution? Or dispute prevention, management, and above all legal protection of the vulnerable?This title is included in Bloomsbury Professional''s International Arbitration online service.
Häftad, Engelska, 2020
389 kr
Skickas inom 10-15 vardagar
After the Act describes the aftermath of the recent removal under LASPO of public funding from legal services in family matters other than in defined cases such as child protection and domestic abuse. Through analysis of the policy context, interviews with key players, observation of services provided by lawyers, students, lay support workers and the advice sector, the authors outline the work being done and the skills being used in a range of settings.The book raises questions not only about access to family justice, but about the role of law in family matters in an increasingly post-legal society. Fragmentation of the market in the new services offering information, initial advice, online or alternative dispute resolution – but rarely ongoing casework – raises questions about where costs fall and how quality can be assured. Many of these services are forms of private ordering, where outcomes are hard to assess.If neither the state nor the individual can afford full legal services where the best interests of any child involved are of paramount importance, and lawyers negotiate to make best use of the resources available, perhaps it is time to consider using lawyers differently, with lay support, to solve problems before they become disputes.
Inbunden, Engelska, 2022
1 217 kr
Skickas
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.- Part 4 explores recent major changes of direction for the family justice systems of Australia, Argentina, Turkey, Spain, and Germany.
E-bok
Engelska, 2022613 kr
Läs direkt efter köp
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.- Part 4 explores recent major changes of direction for the family justice systems of Australia, Argentina, Turkey, Spain, and Germany.
E-bok
PDF, Engelska, 2022613 kr
Läs direkt efter köp
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.- Part 4 explores recent major changes of direction for the family justice systems of Australia, Argentina, Turkey, Spain, and Germany.
Häftad, Engelska, 2024
568 kr
Skickas inom 10-15 vardagar
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.- Part 4 explores recent major changes of direction for the family justice systems of Australia, Argentina, Turkey, Spain, and Germany.
Häftad, Engelska, 2021
415 kr
Skickas inom 10-15 vardagar
The editors’ earlier book Delivering Family Justice in the 21st Century (2016) described a period of turbulence in family justice arising from financial austerity. Governments across the world have sought to reduce public spending on private quarrels by promoting mediation (ADR) and by beginning to look at digital justice (ODR) as alternatives to courts and lawyers. But this book describes how mediation has failed to take the place of courts and lawyers, even where public funding for legal help has been removed. Instead ODR has developed rapidly, led by the Dutch Rechtwijzer. The authors question the speed of this development, and stress the need for careful evaluation of how far these services can meet the needs of divorcing families.In this book, experts from Canada, Australia, Turkey, Spain, Germany, France, Poland, Scotland, and England and Wales explore how ADR has fallen behind, and how we have learned from the rise and fall of ODR in the Rechtwijzer about what digital justice can and cannot achieve. Managing procedure and process? Yes. Dispute resolution? Not yet.The authors end by raising broader questions about the role of a family justice system: is it dispute resolution? Or dispute prevention, management, and above all legal protection of the vulnerable?This title is included in Bloomsbury Professional's International Arbitration online service.