Biography

John Eekelaar (LL.B. (London) 1963; B.C.L. (Oxon) 1965; M.A. (Oxon) 1967, held a Rhodes Scholarship from 1963-5, and was awarded the Vinerian Scholarship in 1965. He was called to the Bar in 1968 at the Inner Temple. He was a Tutorial Fellow at Pembroke College from 1965 to 2005; he held a CUF Lecturership from 1966-91, and was Reader in Law until 2005. He was elected to a Fellowship of the British Academy in July 2001. He retired from teaching in 2005. From 2005 to 2009 he was Academic Director at Pembroke College. In 2019 he was elected as a Fellow of King's College, London, where he had taken his first degree in 1965.

Publications

Featured publications

  • J M Eekelaar, 'Deciding for children' (2005) 7 Australian Journal of Professional and Applied Ethics 66
    Discussion of the relationship between deciding issues about children on the basis ofrights and on the basis of welfare
    ISBN: 1328-4576
  • J M Eekelaar, Family Law and Personal Life (Second edition) (Oxford University Press 2017)
    Second edition of book published first in 2006
    ISBN: ISBN 978-0-19-881408-5
  • J M Eekelaar, Report to the Commonwealth Secretariat, The International Abduction of Children by a Parent or Guardian (Commonwealth Secretariat 1980)

Journal Article (72)

J M Eekelaar, 'Do parents know best?' (2020) 28 International Journal of Children’s Rights 613-31 613
DOI: https://doi.org/10.1163/15718182-02803002
While Article 5 of the UN Convention on the Rights of the Child requires states to respect parents’ responsibilities to provide ‘appropriate’ direction and guidance to their children, Article 18 also proclaims that ‘the best interests of the child will be [the parents’] basic concern’. But how can this be done if, as is widely accepted, the “best interests” standard is too indeterminate safely to allow courts to substitute their assessment of children’s interests for those of a child’s parents? This reason for privatising such decisions has been reinforced by concerns over the extent of public expenditure on court involvement in and legal aid for such issues, with the possible result of withdrawal of the law from this process. This article argues that there are inherent risks in leaving the arrangements for children of separating parents entirely in the hands of the parents, and considers various ways in which such risks might be reduced.
Id: 12354
J M Eekelaar, 'Law, Gender, Truth' (2020) 20 ’ Human Rights Law Review
The article considers the human rights issues that arise when transgender men give birth.
Id: 12357
J M Eekelaar, 'Moral Failure and the Law.' (2020) 33 Ratio Juris (forthcoming)
The article examines occasions when law has been enforced in apparent breach of fundamental moral principle and considers how far a theoretical understanding that there is a necessary link between law and claims or presuppositions of morality may contribute to this.
Id: 12356
J M Eekelaar, 'Family Law and Identity ' (2018) 38 Oxford Journal of Legal Studies 822
Id: 10996
J M Eekelaar, 'The Financial Consequences of Divorce: Law and Reality ' (2018) 32 Australian Journal of Family Law 28
Id: 10994
J M Eekelaar, 'Welfare and Discrimination’ .' (2018) 48 Family Law 393
Id: 10993
Fareda Banda and J M Eekelaar, 'International Conceptions of the Family' (2017) 66 International and Comparative Law Quarterly 833
DOI: https://doi.org/10.1017/S0020589317000288
This article examines the evolving way the ‘family’ and ‘family life’ have been understood in international and regional human rights instruments, and in the case law of the relevant institutions. It shows how the various structural components which are considered to constitute those concepts operate both between relevant adults and between adults and children. But it also shows that important normative elements, in particular, anti-discrimination norms, operate both to undermine the perception of some structures as constituting ‘family’, and to modify those structures themselves. This raises the question how far human rights norms should be seen as protecting family units in themselves or the individual members that constitute them
Id: 9151
J M Eekelaar, 'Family Law and Love’ ' (2016) Child and Family Law Quarterly 289
Id: 10989
J M Eekelaar, 'The role of the best interests principle in decisions affecting children and decisions about children ' (2015) 23 International Journal of Children’s Rights 3
In this paper I examine how courts, and some other decision-makers, go about deciding what the best interests of children (BIC) (or ‘welfare’) principle actually are. In making this examination, I draw mainly on English legal decisions, supplemented by those of Scottish courts, the European Court of Human Rights and some other jurisdictions. I also put forward an hypothesis proposing a structure for applying the principle that seems best to reflect its purpose.The hypothesis argues that the answer is that where decisions are not about specific children, but affect children indirectly, the focus of the decision-maker should be on reaching the ‘best’ solution to the issue to be decided. It is not to determine what is in the best interests of the children affected. Those interests are part of the agenda, so must be taken into account, alongside other relevant matters, and must be given ‘primary’ attention among those other matters (though certain other matters may be given similar ‘primary’ attention). However, they will only be considered in order to ascertain the effect any proposed solution to the issue has on such interests, not as part of the process of deciding what is best for the child in its current circumstances. In contrast, in the case of direct measures concerning a child or children, the hypothesis argues that the focus of the decision-maker should be on discovering a solution that has the best outcome for the child, or children. But while it is common for certain assumptions to be held about what such an outcome looks like, this process goes beyond routine applications of such assumptions by examining a range of possible outcomes. In doing this, the decision-maker demonstrates acceptance of the possibility that conformity to accepted social arrangements may not be best for this child in these circumstances, and therefore that a child’s best interests are to be assessed by criteria other than mere social conformity. Indeed, the effect of such conformity is itself subject to evaluation.
Id: 1755
J M Eekelaar, 'Perceptions of Equality: the Road to Same-Sex Marriage in England' (2014) 28 International Journal of Law, Policy and the Family 1
DOI: 10.1093/lawfam/ebt013
The article examines the backgroubnd to the treatment of same-sex relationships in English law and the progression to the enactment of the Marriage (Same Sex Couples) Act 2013, analysing the positions advanced by participants in the debate.
Id: 1757
J M Eekelaar, 'Family Justice on Trial - re A' (2014) 44 Family Law
The article analyses the decision of the Court of Appeal which describes the process of a contact case as one of system failure, and suggests an alternative reading of the reported facts.
Id: 1756
J M Eekelaar, 'Then and Now: Family Law's Direction of Travel' (2013) 35 Journal of Social Welfare and Family Law 415
By comparing reported cases from 1959-60 with those in 2011, the article reveals the way family law has changed over this period, becoming much more attuned to people's real problems. This has however thrown up difficulties in its application; some of the responses to these difficulties are considered.
ISBN: 0964-9069
Id: 1759
J M Eekelaar, 'Marriage - a modest proposal' (2013) 43 Family Law 82
A critical account of ther law in England and Wales governing entry into marriage and suggestions for reform
ISBN: 0014-728
Id: 1758
J M Eekelaar, 'Positivism and Plural Legal Systems' (2012) 25 Ratio Juris 513
This paper considers whether the positivist account of law is useful in guiding states in how they should deal with religious or customary legal orders followed by minority groups within their jurisdiction. It argues, first, that such orders can be said to exist despite the prevalence of disagreement about the grounds of law. It then argues, contrary to views advanced by Scott Shapiro and Joseph Raz, that there are good reasons for perceiving that the resolution of legal disputes by reference to moral principle involves the application of pre-existing law. However, the paper concludes by arguing that the Social Thesis has an important role in supplying the basis upon which the application of law can be deemed to be legitimate, and that this has relevance to the way states might respond to minority legal orders.
Id: 1760
J M Eekelaar, 'Self-Restraint: Social Norms, Individualism and the Family' (2012) 13 Theoretical Inquiries in Law 75
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.
Id: 1761
J M Eekelaar, 'Evaluating Legal Regulation of Family Behaviour' (2011) 1 17
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.
Id: 1762
J M Eekelaar, 'Naturalism or Pragmatism? Towards an Expansive View of Human Rights' (2011) 10 Journal of Human Rights 230
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
Id: 1763
J M Eekelaar, 'Not of the Highest Importance: Family Justice under Threat' (2011) 33 Journal of Social Welfare and Family Law 311
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.
Id: 1764
J M Eekelaar, 'The Arbitration and Mediation Services (Equality) Bill' (2011) 41 Family Law 1209
An analysis of the Arbitration and Mediation Services (Equality) Bill 2011
ISBN: 0014-7281
Id: 1765
J M Eekelaar, 'Evaluating Legal Regulation of Family Behaviour' (2010) 1 International Journal of the Jurisprudence of the Family 17
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.
Id: 1766
J M Eekelaar, 'Financial and Property Settlement: a Standard Deal?' (2010) 40 Family Law 360
Id: 10980
J M Eekelaar, 'From Multiculturalism to Cultural Voluntarism: A Family-based Approach’ ' (2010) 81 The Political Quarterly 344
Id: 10981
J M Eekelaar, 'Legal Events and Social Behaviour' (2010) 40 Family Law 1094
A description of empirical evidence about the effects of family law on social behaviour
Id: 1767
J M Eekelaar, 'Why People Marry: the Many Faces of an Institution' (2007) 41 Family Law Quarterly
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
Id: 1768
J M Eekelaar, 'Deciding for children' (2005) 7 Australian Journal of Professional and Applied Ethics 66
Discussion of the relationship between deciding issues about children on the basis ofrights and on the basis of welfare
ISBN: 1328-4576
Id: 1769
J M Eekelaar, 'Miller v Miller: the Descent into Chaos' (2005) 35 Jordans/Family Law 870
Criticism of Court of Appeal decision on allocation of assets on divorce
ISBN: 0014-7281
Id: 1770
Mavis Maclean and J M Eekelaar, 'Taking the plunge: perceptions of risk–taking associated with formal and informal partner relationships ' (2005) 17 Child and Family Law Quarterly 247
Id: 10976
J M Eekelaar and Mavis Maclean, 'The Significance of Mariage: Contrasts between White British and Ethnic Minority Groups in England' (2005) 27 Law & Policy 379
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
Id: 1771
J M Eekelaar, 'Children between Cultures' (2004) 18 International Journal of Law, Policy & the Family 178
Discussion oflaw and policy when children are subjected to competing claims from cultural groups
Id: 1772
Id: 1773
J M Eekelaar, 'Asset Distribution on Divorce - Time and Property' (2003) 33 Family Law 828
Id: 1774
J M Eekelaar, 'The End of an Era?' (2003) 28 Journal of Family History 108
Describing historical trends in family law
Id: 1775
J M Eekelaar, 'Beyond the Welfare Principle' (2002) 12 Child and Family Law Quarterly 237
Critique of the welfare principle
Id: 1776
J M Eekelaar, 'Contact - Over the limit' (2002) 32 Family Law 271
Assessment of policy initiative on contact
Id: 1777
Id: 1778
J M Eekelaar, 'Personal Rights and Human Rights' (2002) 2 Human Rights Law Review 181
Theorising human rights, especially in the personal domain
Id: 1779
J M Eekelaar, 'Back to Basics and Forward into the Unknown' (2001) 31 Family Law 30
Case analysis
Id: 1780
J M Eekelaar, 'Rethinking Parental Responsibility' (2001) 31 Family Law 426
Re-analysis of concept of parental responsibility
Id: 1781
J M Eekelaar, 'The Politics of Pragmatism: Family Law Reform in England' (2001) 3 European Journal of Law Reform 297
Survey of recent developments
Id: 1782
J M Eekelaar, 'Family law: keeping us ‘on message’ ' (1999) 11 Child & Family Law Quarterly 387
Id: 10968
J M Eekelaar, '.Registered Same-sex Partnerships and Marriages - A Statistical Comparison' (1998) 28 Family Law 561
Id: 10963
J M Eekelaar, '.The Family Law Bill - The Politics of Family Law' (1996) 26 Family Law 45
Id: 10952
J M Eekelaar, ' "'The Chief Glory': The Export of Children from the United Kingdom' (1994) 21 Journal of Law and Society 487
Id: 10946
J M Eekelaar, 'A Jurisdiction in Search of a Mission: Family Proceedings in England and Wales' (1994) 57 Modern Law Review 839
Id: 10948
J M Eekelaar, 'The Interests of the Child and the Child's Wishes: the Role of Dynamic Self-Determinism' (1994) 8 International Journal of Law & the Family 42
Id: 10945
J M Eekelaar, 'Third Thoughts on Child Support' (1994) 24 Family Law 99
Id: 10943
J M Eekelaar and Mavis Maclean, 'Child Support: the British Solution' (1993) 7 International Journal of Law & the Family 205
Id: 10940
J M Eekelaar, 'The Importance of Thinking that Children Have Rights' (1992) 6 International Journal of Law & the Family 221
Id: 10937
Mavis Maclean, Gail Eaton and J M Eekelaar, 'Old and at Home: the Legal Framework, Policy Imperatives and Individual Choices which affect the way People manage their Property after Retirement' (1992) Journal of Social Welfare & Family Law 296
Id: 10938
J M Eekelaar, '.Are Parents Morally Obliged to Care for their Children?' (1991) 11 Oxford Journal of Legal Studies 340
Id: 10935
J M Eekelaar, '.Child Support - an Evaluation' (1991) 21 Family Law 511
Id: 10936
J M Eekelaar, '.Parental Responsibility: State of Nature or the Nature of the State' (1991) Journal of Social Welfare and Family Law 37
Id: 10932
J M Eekelaar, 'A Child Support Scheme for the United Kingdom: An Analysis of the White Paper' (1991) 21 Family Law 15
Id: 10931
J M Eekelaar and Mavis Maclean, 'Divorce Law and Empirical Studies - A Reply' (1990) 106 Law Quarterly Review 621
Id: 10929
J M Eekelaar, 'Parental Responsibility for Children in Care' (1989) 139 New Law Journal 760
Id: 10924
J M Eekelaar, 'What is 'Critical' Family Law' (1989) 105 Law Quarterly Review 244
Id: 10922
J M Eekelaar, 'Equality and the Purpose of Maintenance' (1988) 15 Journal of Law and Society 188
Id: 10920
R.W.J. Dingwall and J M Eekelaar, 'Families and the State: An Historical Perspective on the Public Regulation of Private Conduct' (1988) 10 Law and Policy 341
Id: 10921
J M Eekelaar, 'A Woman's Place - A Conflict between Legal and Social Values' (1987) Conveyancer and Property Lawyer 93
Id: 10897
J M Eekelaar, '.The Emergence of Children's Rights' (1986) 6 Oxford Journal of Legal Studies 161
Id: 10894
J M Eekelaar, 'Divorce English Style - A New Way Forward?' (1986) Journal .of Social Welfare Law 226
Id: 10895
J M Eekelaar and Mavis Maclean, 'Maintenance and Children - More Facts behind the Figures' (1986) 136 New Law Journal 838
Id: 10914
J M Eekelaar, 'Second Thoughts on Illegitimacy Reform' (1985) 15 Family Law 261
Id: 10904
J M Eekelaar, ''Trust the Judges': How far should Family Law go?' (1984) 47 Modern. Law Review 593
Raises issue of judicial discretion in family cases
Id: 10890
J M Eekelaar, '.Parents and Children - Rights, Responsibilities and Needs: an English Perspective ' (1984) 11 New York Law School Human Rights Annual 81
Id: 10891
R.W.J. Dingwall , J M Eekelaar and Topsy Murray, , 'Childhood as a Social Problem: a Survey of the History of Legal Regulation' (1984) 11 Journal. of Law and Society 207
Id: 10889
J M Eekelaar, 'Family Law and Social problems' (1984) 34 Univesity.of Toronto Law Journal 231
Id: 10887
J M Eekelaar, 'Children in Divorce: Some Further Data' (1982) 2 Oxford Journal of Legal Studies 63
Provides results of research into orders made regarding child custody on divorce
Id: 10882
J M Eekelaar, 'The International Abduction of Children' (1982) 32 " University of Toronto Law Journal 281
A description of the newly agreed Hague Convention.
Id: 10884
J M Eekelaar, R.W.J. Dingwall and Topsy Murray, , 'Victims or Threats? Children in Care Proceedings ' (1982) Journal of Social Welfare Law 68
Examines anomalies of procedures used in care proceedings
Id: 10881
J M Eekelaar, '."Reforming the English Law relating to Illegitimate Persons" (1980) 14 Family Law Qu. 41-58 and in J. Pauwels (ed) La Reforme de la Filiation: Perspectives Européenes (Bruyland, Brussels) 1981' (1980) 14 Family Law Quarterly .Reforming the English Law relating to Illegitimate Persons 41
Id: 10906
J M Eekelaar, 'Some Principles of Financial and Property Adjustment on Divorce' (1979) 95 Law Quarterly Review 253
Discussion of Principles of Financial and Property Adjustment on Divorce
Id: 10880

Edited Book (11)

J M Eekelaar and Rob George (eds), Routledge Handbook of Family Law and Policy (2d edition) (2nd ed Routeldge 2020)
ISBN: 978-0-367-19552-6
Id: 12355
J M Eekelaar (ed), Family Rights and Religion (Routledge 2017)
The book provides a series of published articles covering Religion and Social Structure, The Family and the Transmission of Religious Identity, Religion and the Welfare of Family Members, Religion and Belonging and The Secular State and Religious Groups, with am Introduction reflecting on all these aspects by the Editor.
ISBN: 978-1-4724-6476-7
Id: 10253
J M Eekelaar and Rob George (eds), Routledge Handbook of Family Law and Policy (Routledge 2014)
A multi-authored and multi-jurisdictional survey of current developments in the central issues of family law and policy.
ISBN: 978-0-415-64040-4
Id: 10255
Sanford Katz, J M Eekelaar and Mavis Maclean (eds), Cross Currents. Family Law and Policy in the US and England (Oxford University Press 2000)
Id: 10970
J M Eekelaar and Thandabantu Nhlapo (eds), The Changing Family: Family Law and Family Forms in International Perspective (Oxford: Hart Publishing 1998)
Id: 10964
J M Eekelaar and Mavis Maclean (eds), A Reader on Family Law (Oxford Readings in Socio-Legal Studies) (Oxford University Press 1994)
Id: 10949
J M Eekelaar and Petar Sarcevic (eds), .Parenthood in Modern Society: Social and Legal Issues for the Twenty-First Century (Martinus Nijhoff 1993)
Id: 10941
J M Eekelaar and David Pearl (eds), An Aging World: Dilemmas and Challenges for Law and Social Policy (Nihon Kajo Publishing & Oxford University Press 1989)
Id: 10923
Robert Dingwall and J M Eekelaar (eds), Divorce Mediation and the Legal Process (Oxford University Press 1988)
Id: 10918
J M Eekelaar (ed), Does a Mother have Legal Duties towards her Unborn Child? (King's Fund Press & Oxford University Press 1988)
Id: 10916
J M Eekelaar and Sanford N Katz (eds), Marriage and Cohabitation in Contemporary Societies: An International and Interdisciplinary Study (Butterworthhs, Canada 1980)
Id: 10907

Chapter (38)

J M Eekelaar and John Tobin, ': ‘Article 3: The Best Interests of the Child’ in John Tobin (ed) The UN Convention on the Rights of the Child: A Commentary (OUP, 2019)' in John Tobin (ed), (Oxford University Press 2019)
An analysis of Article 3 of the UNCRC
ISBN: 978-0-19-826265-7
Id: 12353
J M Eekelaar and John Tobin, 'Article 3: The Best Interests of the Child ' in John Tobin (ed), The UN Convention on the Rights of the Child: A Commentary (Oxford University Press 2019)
Id: 10998
J M Eekelaar, 'Family Law and Legal Theory' in Elizabeth Brake and Lucinda Ferguson (eds), Philosophical Foundations of Children’s and Family Law (Oxford University Press 2018)
This chapter undertakes an account of the way legal theories can assist in understanding family law, and suggests a possible 'theory' of family law.
ISBN: 978-0-19-878642-9
Id: 10254
J M Eekelaar, 'Rights Children should not have' in Gillian Douglas, Mervyn Murch and Victoria Stephens (eds), International and National Perspectives on Child and Family Law: Essays in Honour of Nigel Lowe (Intersentia 2018)
A contribution to this Festschrift, giving reasons why in some cases children should not have the same rights as adults even though they may be fully competent.
ISBN: 978-1-78068-641-7
Id: 10256
J M Eekelaar, 'Responsabilidad Parental como Privilegio ' in Fabiola Lathrop Gomez and Nicolás Espejo Yaksic (eds), Responsabilidad Parental (Thomson Reuters: Legal Publishing, Santiago, Chile. 2017)
Id: 10992
J M Eekelaar, 'A New Era?' in John Eekelaar (ed), Family Law in Britain and America in the New Century (Brill/Nijhoff 2016)
ISBN: 978-90-04-30491-8
Id: 9153
J M Eekelaar, 'Marriage, religion and gender equality' in F. Banda and L. Fishbayn Joffe (eds), Women's Rights and Religious Law (Routledge 2016)
Id: 7708
J M Eekelaar, 'Two Dimensions of the Best Interests Principle: Decisions about Children and Decisions affecting Children' in Elaine E. Sutherland and Lesley-Anne Barnes Macfarlane (eds), Implementing Article 3 of the United Nations Convention on the Rights of the Child: Best Interets, Welfare and Well-Being (Cambridge University Press 2016)
Id: 10990
J M Eekelaar, 'Can there be Family Justice without Law?' in Mavis Maclean, John Eekelaar and Benoit Bastard (eds), Delivering Family Justice in the 21str Century (Oxford, Hart Publishing 2015)
Id: 10987
J M Eekelaar, 'Law, Culture, Values' in A. Diduck, N. Peleg and H. Reece (eds), Law in Society: Reflections on Children, Family, Culture and Philosophy: Essays in Honour of Michael Freeman (Leiden, Boston: Brill Nijhoff 2015)
Building on Michael Freeman’s discussion of ‘relativism’, ‘monism’, and ‘pluralism’, the chapter considers what the terms of the debate which Freeman advocates should be. It is argued that any such dialogue should not simply compare the character and shape of communities, but must direct attention to the effects of such character and shape on the well-being of individuals within them. Then chapter then considers a criticism made by Prakash Shah of my earlier suggestion of a strategy of ‘cultural voluntarism’ regarding state recognition of minority practices. It is argued that the criticism wrongly constructed my position in purely ‘cultural’ terms, and that doing this makes constructive dialogue almost impossible because it is conceived of as a confrontation between cultures, rather than, as it might have been, as a debate about ideas which can have value in any cultural context, such as that which Amartya Sen calls the ‘capability approach’. I argue that such dialogue and discussion can only usefully proceed if it is accepted that the matters under discussion are individuals’ assessments of their own well-being, their significance to the individuals concerned, and how they are to be weighed against the interests of other members of the community and the nature of the community itself and that throughout history cultures, which seemed to their members indispensable and indestructible, have evolved, adapted, and frequently disappeared. This can be unsettling, but it is both true and important to remember, otherwise we are in danger of becoming so enamoured of the way we do things now that we fail to imagine that future generations will do things very differently, and try to obstruct these processes of change. Without the process, existing social arrangements would simply be self-justifying structures, and the opportunity for expanding sensitivity through discussion, use of evidence and hearing affected parties, would be lost.
Id: 6334
J M Eekelaar, 'Law and Community Practices' in Mavis Maclean and John Eekelaar (eds), Managing Family Justice in Diverse Societies (Hart Publishing 2013)
Proposes a strategy for state law when interacting with norms of minority communities within the state which reconciles the values of respecting cultural identity with commitment to individual human rights.
ISBN: 978-1-84946-400-0
Id: 1785
J M Eekelaar, 'Family Law - What Family Law?' in (ed), Fifty Years in Family Law: Essays for Stephen Cretney (Intersentia 2012)
A discussion of the issue of recognition of the family law of minority communities, with special reference to sharia law in England and Wales
ISBN: 978-1-78068-052-1
Id: 1786
J M Eekelaar, ': Law, Family and Community' in Gillian Douglas and Nigel Lowe (eds), The Continuing Evolution of Family Law (Jordan Publishing 2009)
Id: 10978
J M Eekelaar, 'Partners, Parents and Children: Grounds for Allocating Resources across Households' in Bea Verschraegen (ed), Family Finances (Jan Sramek Verlag 2009)
Id: 10979
J M Eekelaar, 'Empowerment and Responsibility: The Balance Sheet Approach in the Principles and English Law' in Robin Fretwell Wilson (ed), Reconceiving the Family: Critique on the American Law Institute's Principles on the Law of Family Dissolution (Cambridge University Press 2006)
ISBN: 0-521-86119-5
Id: 1787
J M Eekelaar, 'Invoking Human Rights' in Timothy Endicott, Joshua Getzler and Edwin Peel (eds), Properties of Law: Essays in Honour of Jim Harris (OUP 2006)
Analysis of the nature of human rights invocations, with special reference to the work of Jim Harris
ISBN: 0-19-929096-2
Id: 1788
J M Eekelaar, 'Personal Obligations' in Mavis Maclean (ed), Family Law and Family Values (Hart Publishing 2005)
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
Id: 1789
J M Eekelaar, 'Contact and Adoption Reform' in Andrew Bainham, Bridget Lindley, Martin Richards (ed), CHILDREN AND THEIR FAMILIES: CONTACT, RIGHTS AND WELFARE (Hart Publishing 2003)
Analysis of recent adoption reforms.
ISBN: 1-84113-253-5
Id: 1790
J M Eekelaar, 'Child Endangerment and Child Protection in England and Wales' in Margaret K. Rosenheim, Franklin E. Zimring, David S. Tanenhaus and Bernadine Dohrn (eds), A Century of Juvenile Justice (University of Chicago Press 2002)
Overview of child protection law and policy in England
Id: 1791
J M Eekelaar, 'Child Support as Distributive and Commutative Justice: The United Kingdom Experience' in J. Thomas Oldham and Marygold S. Melli (eds), Child Support: the Next Frontier (Ann Arbor: University of Michigan Press 2000)
Id: 10972
J M Eekelaar, 'Uncovering Social Obligations: Family Law and the Responsible Citizen' in M. Maclean (ed), Making Law for Families (Oxford, Hart Publishing 2000)
Id: 10971
J M Eekelaar, 'The human rights of fathers - the Position in English Law ' in Hans-Leo Weyers (ed), Menschenrechte und Zivilrecht (Baden-Baden, Nomos Verlagsgesellschaft 1999)
Id: 10967
J M Eekelaar, 'Children’s Rights: From Battle Cry to Working Principle' in (ed), Droit Comparé des Personnes et de la Famille, Liber Amicorum Marie-Thésèse Meulders-Kein (Bruxelles, Bruylant 1998)
Id: 10965
J M Eekelaar, 'Family Solidarity in English Law' in D. Schwab and D. Henrich (eds), Familiare Solidaritat: Die Begrundung und die Grenzen der Unterhaltsplicht unter Verwandten im europaischen Vergleich (Bielefeld, Gieseking 1997)
Id: 10957
J M Eekelaar, 'From 'Privacy' to the Leviathan State. The case of the child' in Jacques Commaille and Francois Singly (eds), The European Family (Kluwer 1997)
Id: 10955
J M Eekelaar and Mavis Maclean, 'Property and Financial Adjustment after Divorce in the 1990s - Unfinished Business' in Keith Hawkins (ed), The Human Face of Law: Essays in Honour of Donald Harris (Oxford University Press 1997)
Id: 10956
J M Eekelaar, 'L'interesse del minore nella legislazione sulla famiglia in maetria di rapporti personali in Inghilterra e nel Galles ' in Valerio Pocare and Paola Ronfani (eds), L'interesse del minore nella legge e nella pratica (Guerini scientifica, Milano 1996)
Id: 10954
J M Eekelaar, '"Child Support in Britain - What went Wrong?' in (ed), Liber Amicorum Anders Agell (Uppsala 1995)
Id: 10966
J M Eekelaar, '.Family Justice - Ideal or Illusion? Family Law and Communitarian Values' in (ed), 48 Current Legal Problems, Part 2 (Oxford University Press 1995)
Id: 10950
J M Eekelaar, '.Parenthood, Social Engineering and Rights' in Derek Morgan and Gillian Douglas (eds), Constituting Families, Archiv fur Rechts und Soziale Philosophie (Association of Legal and Social Philosophy) (Wiesbaden, Franz Steiner Verlag. 1994)
Id: 10944
J M Eekelaar, 'Families and Children: From Welfarism to Rights' in C. McCrudden and G. Chambers (eds), Individual Rights and the Law in Britain (The Law Society and Oxford University Press 1994)
Id: 10942
J M Eekelaar, 'Non-Marital Property' in Peter Birks (ed), The Frontiers of Liability, vol. 2 (Oxford University Press 1994)
Id: 10947
J M Eekelaar, 'Family Law' in R. Bluglass (ed), Textbook of Forensic Psychiatry (Churchill Livingstone 1990)
Id: 10925
J M Eekelaar, 'Child Support in England and Wales"' in Alfred J. Kahn and Sheila B. Kamerman (eds), Child Support: From Debt Collection to Social Policy (Sage Publications 1988)
Id: 10899
J M Eekelaar and Mavis Maclean, 'The Development of the Private Law Maintenance Obligation: the Common Law' in M-T Meulders-Klein and J. Eekelaar (eds), Family, State and Individual Economic Security (Story Scientia and Kluwer Taxation 1988)
Id: 10917
J M Eekelaar, 'Family Law and Social Control' in John Eekelaar and John Bell (eds), Oxford Essays in Jurisprudence (Third Series) (Oxford University Press 1987)
Id: 10898
Robert Dingwall and J M Eekelaar, 'Judgments of Solomon: Psychology and Family Law' in Paul Light and Martin Richards (eds), Children and Social Worlds (Polity Press 1986)
Id: 10901
Robert Dingwall and J M Eekelaar, ' Rethinking Child Protection' in M.D.A. Freeman (ed), The State, the Law and the Family: Critical Perspectives (Tavistock Publications 1984)
Id: 10905

Review (6)

J M Eekelaar, ': Review of A. Barlow et al, ‘Mapping Paths to Family Justice’ ' (2019) Journal of Law and Society 174 [Review]
Id: 10999
J M Eekelaar, 'Review of Gillian Douglas, ‘Obligation and Commitment in Family Law’ ' (2018) Journal of Social Welfare and Family Law 397 [Review]
Id: 10995
J M Eekelaar, 'Review of Miles, Mody and Probert (eds) Marriage Rites and Rights' (2016) 36 Journal of Social Welfare and Family Law 196 [Review]
Id: 10988
J M Eekelaar, 'Review of Anita Bernstein (ed) ‘Marriage Proposals: Questioning a Legal Status’' (2012) 8 International Journal of Law in Context 320 [Review]
Id: 10982
J M Eekelaar, 'Helen Reece, Divorcing Responsibly' (2004) 31 Journal of Law and Society 272 [Review]
Review of Helen Reece, Divorcing Responsibly
Id: 1794
J M Eekelaar, 'Taking Juvenile Justice Seriously' (1986) 6 Oxford Journal of Legal Studies 439 [Review]
Id: 10915

Book (16)

Mavis Maclean and J M Eekelaar, After the Act: Access to Family Justice after LASPO (Oxford, Hart Publishing 2019)
ISBN: 978-1-50992-019-8
Id: 10997
J M Eekelaar, Family Law and Personal Life (Second edition) (Oxford University Press 2017)
Second edition of book published first in 2006
ISBN: ISBN 978-0-19-881408-5
Id: 9152
Mavis Maclean and J M Eekelaar, Lawyers and Mediators: The Brave New World of Services for Separating Families (Bloomsbury 2016)
Id: 7042
J M Eekelaar, Family Law and Personal Life (Chinese translation) (Law Press China 2015)
Id: 7249
J M Eekelaar and Mavis Maclean, Family Justice: The Work of Family Judges in Uncertain Times (Hart Publishing 2013)
Based on observations of court proceedings the book analyses the nature of activities in the lower family courts in England and Wales, showing them to be very different from the way they are commonly perceived by policy-makers. It sets these findings within an account of the place of justice in the resolution of family conflicts.
Id: 1783
Mavis Maclean and J M Eekelaar, Family Law Advocacy: How Barristers Help the Victims of Family Failure (Oxford, Hart Publishing 2009)
Id: 10977
J M Eekelaar, Family Law and Personal Life (OUP 2006)
ISBN: 978-0-19-953542-2
Id: 1784
J M Eekelaar, Mavis Maclean and Sarah Beinart, Family Lawyers. The Divorce Work of Solicitors (Oxford, Hart Publishing 2000)
ISBN: 1 84113-185-7
Id: 10969
Mavis Maclean and J M Eekelaar, The Parental Obligation: A Study of Parenthood across Households (Oxford, Hart Publishing 1997)
ISBN: 1-901362-22-1
Id: 10958
J M Eekelaar, Regulating Divorce (Oxford University Press 1991)
ISBN: 0-19-825701-5
Id: 10933
J M Eekelaar and Robert Dingwall, The Reform of Child Care Law (Routledge 1990)
Id: 10927
J M Eekelaar and Mavis Maclean, Maintenance after Divorce (Oxford University Press 1986)
Major research into financial consequences of divorce
ISBN: 0-19-825530-6
Id: 10893
J M Eekelaar, Family Law and Social Policy (Second Edition) (Weidenfeld & Nicolson 1984)
ISBN: 0 297 78274 6
Id: 10886
J M Eekelaar, Familienrecht und Sozialpolitik (Duncker & Humbolt, Berlin 1983)
This is a translation of Family Law and Social Policy (1978) by L. Müller-Fembeck
Id: 10912
R.W.J. Dingwall, J M Eekelaar and Topsdy Murray, The Protection of Children: State Intervention and Family Life (Basil Blackwell 1983)
A second edition, with a Postscript by Robert Dingwall, was published in 2014.
An account of an extensive research project into decision-making in child care cases
Id: 10885
Robert Dingwall and J M Eekelaar, Care Proceedings: A Practical Guide for Social Workers, Health Visitors and others (Basil Blackwell 1982)
Id: 10883

Case Note (16)

J M Eekelaar, '‘Access to Justice’ (A Case-Note on R (on the application of UNISON) (Appellant) v Lord Chancellor (Respondent) [2017] UKSC 51).' (2018) 40 Journal of Social Welfare and Family Law 101 [Case Note]
Id: 10991
J M Eekelaar, '‘Family Justice on Trial: re .' (2014) 44 Family Law 543 [Case Note]
Id: 10986
J M Eekelaar, 'Shared Income after Divorce: A Step too Far' (2005) 121 Sweet & Maxwell/Law Quarterly Review '1 [Case Note]
Discussion of Court of Appeal Decisions in Macfarlane v M. and Parlour v P.
ISBN: 0023-933X
Id: 1792
J M Eekelaar, 'Corporal Punishment, Parent’s Religion and Children’s Rights' (2003) 119 Law Quarterly Review 370 [Case Note]
Id: 10974
J M Eekelaar, 'Asset Distribution on Divorce - the Durational Element' (2001) 117 Law Quarterly Review 552 [Case Note]
Discussion of methods of allocating property on divorce
Id: 1793
J M Eekelaar, 'Parental Responsibility: A New Legal Status' (2001) 177 Law Quarterly Review 23 [Case Note]
Id: 10973
J M Eekelaar, '.Do Parents have a Duty to Consult?' (1998) 114 Law Quarterly Review 337 [Case Note]
Id: 10961
J M Eekelaar, 'White Coats or Flak-Jackets? Doctors, Children and the Courts- Again' (1993) 109 Law Quarterly Review 182 [Case Note]
Id: 10939
J M Eekelaar, 'The Wardship Jurisdiction, Children's Welfare and Parents’ Rights' (1991) 107 Law Quarterly Review 386 [Case Note]
Id: 10934
J M Eekelaar, 'Investigation under the Children Act 1989' (1990) 20 Family Law 486 [Case Note]
Id: 10930
J M Eekelaar, 'The Conspiracy Tangle' (1990) 106 Law Quarterly Review 223 [Case Note]
Id: 10928
J M Eekelaar, 'Access Rights and Children's Welfare' (1988) 51 Modern Law Review 629 [Case Note]
Id: 10919
J M Eekelaar, 'Gillick in the Divorce Court' (1986) 136 New Law Journall .184 [Case Note]
Id: 10902
J M Eekelaar, 'The Eclipse of Parental Rights' (1986) 102 Law Quarterly Review 4 [Case Note]
Note on the Gillick case
Id: 10896
J M Eekelaar, 'Consent Orders - in Whose Interests?' (1985) 101 (1985) 101 Law Qu. Rev. 318-23 318 [Case Note]
Id: 10900
J M Eekelaar, 'Custody Appeals' (1985) 48 Modern Law Review 704 [Case Note]
Id: 10903

Other (8)

J M Eekelaar and Mavis Maclean, 'Parental Involvement and Welfare Paramountcy: Clause 11 of the Children and Families Bill 2011' (2013) 25 ’ (2013) 25Law Bulletin 32
Id: 10983
J M Eekelaar and Mavis Maclean, 'Parental Involvement and Welfare Paramountcy: Clause 11 of the Children and Families Bill 2011' (2013) 25 ’ (2013) 25Law Bulletin 32
Id: 10984
J M Eekelaar and Mavis Maclean, 'Parental Involvement and Welfare Paramountcy: Clause 11 of the Children and Families Bill 2011' (2013) 25 Law Bulletin 32
Id: 10985
J M Eekelaar, 'Should Section 25 be Reformed? ' (1998) 28 Family Law 469
Id: 10962
J M Eekelaar, 'The Death of Parliamentary Sovereignty - A Comment' (1997) 113 Law Quarterly Review 185
Id: 10959
J M Eekelaar, '.Parental Responsibility - a New Legal Status?' (1996) 112 Law Quarterly Review 233
Id: 10953
J M Eekelaar, 'Commentary on "True Wishes"' (1995) 2 Philosophy, Psychiatry & Psychology 305
Id: 10951
J M Eekelaar, 'The Democratization of Family Law' (1983) Office of Population, Censuses and Surveys, Occasional paper 31
Id: 10913

Report (7)

Mavis Maclean and J M Eekelaar, Personal Relationships, Marriage and Morals (Oxford Centre for Family Law and Policy, Department of Social Policy and Social Work, University of Oxford 2004)
Id: 10975
J M Eekelaar and Mavis Maclean, Personal Relationships, Marriage and Morals (Department of Social Policy and Social Work, University of Oxford 2004)
Full account of rsearch project into perception of personal obligations by married and unmarried people
ISBN: 0-9541 703-5-0
Id: 1795
J M Eekelaar, Financial and Property Adjustment on Divorce ( Centre for Socio-Legal Studies, Wolfson College, Oxford 1998)
Id: 10960
J M Eekelaar and Mavis Maclean, Children and Divorce: Economic Factors (SSRC Centre for Socio-Legal Studies, Oxford 1983)
Id: 10911
R.W.J. Dingwall , J M Eekelaar and Topsy Murray, Decision-Making in the Care and Protection of Children thought to have been Abused or Neglected: Report to the DHSS (SSRC Centre for Socio-Legal Studies, Oxford 1981)
Id: 10910
J M Eekelaar, Report to the Commonwealth Secretariat, The Hague Convention on Civil Aspects of International Child Abduction (Commonwealth Secretariat 1981)
Id: 10909
J M Eekelaar, Report to the Commonwealth Secretariat, The International Abduction of Children by a Parent or Guardian (Commonwealth Secretariat 1980)
Id: 10908

Research Interests

Family Law, Constitutional Law, Socio-Legal Studies, Jurisprudence

Research projects