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    Family Justice: The Work of Family Judges in Uncertain Times (Hardback) By (author) John Eekelaar, By (author) Mavis MacLean

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    DescriptionThis 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.


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  • Full bibliographic data for Family Justice

    Title
    Family Justice
    Subtitle
    The Work of Family Judges in Uncertain Times
    Authors and contributors
    By (author) John Eekelaar, By (author) Mavis MacLean
    Physical properties
    Format: Hardback
    Number of pages: 238
    Width: 156 mm
    Height: 234 mm
    Thickness: 15 mm
    Weight: 520 g
    Language
    English
    ISBN
    ISBN 13: 9781849465014
    ISBN 10: 1849465010
    Classifications

    B&T Book Type: NF
    BIC E4L: LAW
    Nielsen BookScan Product Class 3: S5.4
    BIC geographical qualifier V2: 1DBK
    B&T Merchandise Category: TXT
    B&T Modifier: Geographic Designator: 04
    B&T Modifier: Region of Publication: 03
    Ingram Subject Code: LE
    Libri: I-LE
    BIC subject category V2: LNM
    B&T Modifier: Subject Development: 04
    B&T Modifier: Academic Level: 02
    Warengruppen-Systematik des deutschen Buchhandels: 17780
    B&T General Subject: 490
    BISAC V2.8: LAW001000
    DC22: 346.420150269
    BISAC V2.8: LAW038000
    BIC subject category V2: 1DBK
    LC subject heading: ,
    DC22: 346.42015026
    LC subject heading: ,
    DC23: 346.41015
    LC classification: KD751 .E35 2013
    Edition statement
    New.
    Publisher
    Bloomsbury Publishing PLC
    Imprint name
    Hart Publishing
    Publication date
    03 June 2013
    Publication City/Country
    Oxford
    Author Information
    Mavis Maclean, CBE is co-founder of the Oxford Centre for Family Law and Policy, Oxford University and a Senior Research Fellow of St Hilda's College. John Eekelaar, FBA is Emeritus Fellow of Pembroke College, Oxford.
    Review quote
    This is a relatively small book, which disguises the amount of valuable analysis and information contained in it. ... a fundamental, fascinating and altogether fantastic contribution to the understanding of the family law system and the distribution of justice. It presents a cogent and empirically-based argument against the reforms proposed in the Family Justice Review, challenging the assumptions about family law work in courts and practice, and should be read by academics, politicians and practitioners alike. Claire Fenton-Glynn Edinburgh Law Review Volume 18, 2014
    Table of contents
    1. The Family Justice System I Introduction II Assumptions and Misperceptions III What Is the Family Justice System? IV Family Matters and Legal Rights V An Historical Perspective 2. Family Justice: Outcome-focused and Behaviour-focused Approaches I Impartiality, Processes and Outcomes II A Third Approach: Abstention III Child-centred Cases IV The Intervention Options Reconsidered: the Nature of Relevant State Institutions V Organisation of What Follows 3. Lawyers and Mediators: Towards Greater Collaboration? I Family Law Practice II Development of Mediation III Criticisms of Mediation IV Problems with Research Evidence V Collaboration and Co-operation VI New Initiatives 4. Courts: Changing Structures and Functions I The Magistracy II The Ecclesiastical and Divorce Courts III The Demise of Reconciliation IV Therapeutic Courts V The Contemporary Structure and Functions of Family Courts VI Court Support Services VII The Recommendations of the Family Justice Review 5. Judging I The Framework of the Family Courts in England and Wales II The Empirical Evidence: Judges at Work 6. Family Courts in Action I Roles Played, the Nature of the Court and the Nature of the Matter II Time Spent According to Matters Dealt With III The Daily Work of Family Law Judges in the Lower Courts IV Reflections 7. Public Law Children Cases I The Development of Child Protection in England and Wales II The Children Act 1989 and its Aftermath III Attempts to Control the Management of Child Protection Cases in the Family Justice System IV Tensions and Contradictions in Child Protection Case Management V The Benefits of Reasoned Judgments VI Reflections 8. Private Law Disputes Involving Children I Children's Welfare and Justice to Parents II Custody Dispositions by Courts prior to the Children Act 1989 III The Children Act 1989 IV Contact between Parents and Children after Separation V Legislative Responses VI Justice and Decisions Involving Children 9. Late Modern Justice: Information, Advice and Privatisation I Background II Child Support: from Compulsion to Informed Support III Financial Matters: Towards Informed Settlement? IV Information, Advice and Justice V Information, Rules and Discretion VI Privatised Justice VII Final Reflections