DOI: http://www.bepress.com/til/default/vol13/iss1/art3

The paper argues that claims that individualism has overcome normative behaviour within families are incorrect, but also that state's should be cautious about translating social norms that operate within families into legal norms. Three types of approach to the relationship between legal and social norms within families are sketched, and it is suggested that one, styled "purposive abstention",should normally be preferred.

This paper centres on the distinction between norms related to family behaviour expressed through state law and practice and such behaviour itself. Such expression requires justification because it prescribes rather than describes social behaviour. It is maintained that a necessary condition for justification should be that the family-related norm enhances the well-being of individuals in the family, and that the application of this condition requires careful evaluation of empirical evidence, in particular, an appreciation of the relative effects of legal events and of social behaviour. The paper examines such evidence in regard to a number of issues.

DOI: 10.1080/14754835.2011.569300

This article compares the naturalistic account of human rights in James Griffin's On Human Rights (2009) with the practical account by Charles R. Beitz in The Idea of Human Rights (2009). Taking Griffin's own examples, the analysis suggests that Griffin's account of human rights with regard to children, divorce, or marriage is unconvincing. However, while the practical approach is preferred, this leaves the basis for any universal duty to take state action for human rights violations uncertain. The article concludes by proposing an analysis of human rights that retains the advantages of the practical conception but accounts for the justification of international action through the principle of universalizability of moral obligations

The articles considers the reasons given by policy-makers for reducing legal aid for family matters and argues that they reflect a diminished sense of the role of justice in family relationships, and blindness to the role of lawyers in resolving family conflicts.

An analysis of the Arbitration and Mediation Services (Equality) Bill 2011

ISBN: 0014-7281

This paper centres on the distinction between norms related to family behaviour expressed through state law and practice and such behaviour itself. Such expression requires justification because it prescribes rather than describes social behaviour. It is maintained that a necessary condition for justification should be that the family-related norm enhances the well-being of individuals in the family, and that the application of this condition requires careful evaluation of empirical evidence, in particular, an appreciation of the relative effects of legal events and of social behaviour.

A description of empirical evidence about the effects of family law on social behaviour

Accepted for the special issue on the Future of Marriage by this US publication in the Fall of 2007, the article draws on the author's research and UK legal developments to contribute to the debate over marriage in the USA.

ISBN: 0014-729X

Discussion of the relationship between deciding issues about children on the basis ofrights and on the basis of welfare

ISBN: 1328-4576

Criticism of Court of Appeal decision on allocation of assets on divorce

ISBN: 0014-7281

Report of data from empirical study on the understanding of the purpose of marriage and obligations arising in domestic relationships, demonstrating differences between white British and ethnic minority respondents.

ISBN: 0265-8240

Discussion oflaw and policy when children are subjected to competing claims from cultural groups

Describing historical trends in family law

Critique of the welfare principle

Assessment of policy initiative on contact

Theorising human rights, especially in the personal domain

Case analysis

Re-analysis of concept of parental responsibility

Survey of recent developments

Analysis of the nature of human rights invocations, with special reference to the work of Jim Harris

ISBN: 0-19-929096-2

A theoretical discussion of the nature of obligations in the family context, designed as providing a theoretical backgrounbd to an empirical research project

ISBN: 1-841113-547-X

Analysis of recent adoption reforms.

ISBN: 1-84113-253-5

Overview of child protection law and policy in England

Discussion of Court of Appeal Decisions in Macfarlane v M. and Parlour v P.

ISBN: 0023-933X

Discussion of methods of allocating property on divorce

Review of Helen Reece, Divorcing Responsibly

Full account of rsearch project into perception of personal obligations by married and unmarried people

ISBN: 0-9541 703-5-0