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This book is for anyone interested in the history of marriage and cohabitation, whether historian, lawyer or general reader. It is written in an accessible style, while providing a radical reassessment of existing ideas about the popularity, legal treatment and perceptions of cohabitation between 1600 and 2010.
Unmarried heterosexual cohabitation is rapidly increasing in Britain and over a quarter of children are now born to unmarried cohabiting parents. This is not just an important change in the way we live in modern Britain; it is also a political and theoretical marker. Some commentators see cohabitation as evidence of selfish individualism and the breakdown of the family, while others see it as just a less institutionalised way in which people express commitment and build their families. Politically, 'stable' families are seen as crucial - but does stability simply mean marriage? At present the law in Britain retains important distinctions in the way it treats cohabiting and married families and this can have deleterious effects on the welfare of children and partners on cohabitation breakdown or death of a partner. Should the law be changed to reflect this changing social reality? Or should it - can it - be used to direct these changes? Using findings from their recent Nuffield Foundation funded study, which combines nationally representative data with in-depth qualitative work, the authors examine public attitudes about cohabitation and marriage, provide an analysis of who cohabits and who marries, and investigate the extent and nature of the 'common law marriage myth' (the false belief that cohabitants have similar legal rights to married couples). They then explore why people cohabit rather than marry, what the nature of their commitment is to one another and chart public attitudes to legal change. In the light of this evidence, the book then evaluates different options for legal reform.
The law has long been interested in marriage and conjugal cohabitation and in the range of public and private obligations that accrue from intimate living. This collection of classic articles explores that legal interest, while at the same time locating marriage and cohabitation within a range of intimate affiliations. It offers the perspectives of a number of international scholars on questions of how, if at all, our different ways of intimacy ought to be recognised and regulated by law.
'Bromley's Family Law' is a well-established and popular textbook with students and practitioners alike. This edition has been updated to take into account recent developments in family law.
What is a family? What makes someone a parent? What rights should children have? In this Very Short Introduction Jonathan Herring provides an insight not only into what the law is, but why it is the way it is. It also looks at the future to consider what families will look like in the years ahead, and what new dilemmas the courts may face.
Presented in an accessible format, this text provides a detailed and authoritative exposition of the law, illustrated by carefully selected materials and complemented by clear and engaging commentary drawing on a range of critical and theoretical perspectives.
Written by a team of highly experienced teachers of family law, this innovative new textbook is a contextual, critical, and highly engaging guide to the subject. Each expert author has crafted a superbly clear guide to their particular area of expertise, which is structured around the key debates central to that topic. These debates are explored and discussed throughout the chapter, and students are thereby introduced to an enlightening range of perspectives on the key issues. The social, economic, and political backdrop to each topic is also extensively discussed, to ensure that students' understanding is grounded in this essential context. Family Law is a fresh, modern, and unique guide to this dynamic subject.
Succession, Wills and Probate is an ideal textbook for those taking an undergraduate course in this surprisingly vibrant subject, and also provides a clear and comprehensive introduction for professionals. Against an account of the main social and political themes of succession law, the book gives detailed explanations of core topics such as alternatives to wills and the making, altering and revocation of wills. It also explains personal representatives and how they should deal with a deceased person's estate and interpret and implement the will. Gifts may fail, estates may be insolvent or a person may die intestate, without a will at all. Increasingly relatives and others seek to challenge the will, for example on the grounds of the testator's capacity or under the law of family provision. This third edition is edited, updated and revised to take account of new legislation and case law across all the relevant issues, including a new final chapter dealing with the potentially contentious issues that are becoming more central to professional work in the field of succession.
A tension lies at the heart of family law. Expressed in the language of rights and duties, it seeks to impose enforceable obligations on individuals linked to each other by ties that are usually regarded as based on love or blood. Taking a contextual approach that draws on history, sociology and social policy as well as law and legal theory, this book examines the concept of obligation as it has been developed in family law and the difficulties the law has had in translating it from a theoretical and ideological concept into the basis of enforceable actions and duties. Increasingly, the idea of commitment has been offered as the key organising principle for the recognition of family relationships, often as a means of rebutting claims that family ties are becoming attenuated, but the meaning and scope of this concept have not been explored. The book traces how the notion of commitment is understood and how far it has come to be used as a rationale for imposing the core legal obligations which underpin care and caring within families.
During the past three decades, nations all over the world have been debating whether to allow same-sex couples to marry, or at least grant these couples various rights associated with marriage. In Equality for Same-Sex Couples, Yuval Merin presents the first comparative study of the legal regulation of same-sex partnerships worldwide, as well as a unique survey of the status of same-sex couples in Europe. Merin begins by providing a historical overview of the transformation of marriage from antiquity to the present. He then identifies and critically compares four principal models for the legal regulation and recognition of same-sex partnerships: civil marriage, registered partnership, domestic partnership, and cohabitation. Merin concludes that all of the models except civil marriage discriminate against gays and lesbians just as the "separate but equal" doctrine discriminated against African Americans; thus, so-called alternatives to marriage, even if they provide the same rights and benefits as marriage, are inherently unequal and therefore unconstitutional.