Obligations Between Adult Partners: Moving From Form to Function?

Glennon, Lisa

doi:10.1093/lawfam/ebm017

Cited by 12 publications

(2 citation statements)

References 16 publications

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“…The first reform may reduce the perceived scope of the problem, and its beneficiaries may defect from the coalition that initially united them with those whose families remain unrecognized. For instance, the Civil Partnership Act 2004's consensual status for same-sex couples disbanded what had previously been a constituency of gay couples and unmarried cohabitants united by being outside marriage (Glennon, 2008).…”

Section: Law and Social Practices' Entwinement Unintended Effectsmentioning

confidence: 99%

Law Reform, Lesbian Parenting, and the Reflective Claim

Leckey

2011

Social & Legal Studies

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The article aims to complicate efforts to make law fit or catch up to social practices. It scrutinizes the 'reflective claim' using the case study of recognition of parenting by lesbian couples. Reforms in the United Kingdom's Human Embryology and Fertilisation Act 2008 and the Canadian province of Quebec's civil code are compared with empirical work from the social sciences on lesbians' family practices. The reflective claim rests on problematic ideas about social practices and law. Since law is always blunt and incomplete, choices must be made as to which practices it should aim to recognize. Furthermore, the impact of heterosexist and homophobic conditions on lesbian families means that observable practices may not be a suitable model for gayaffirmative reforms. As advanced in the literature, the reflective claim overlooks law and society's complex interaction, including how reform will not merely reflect but also alter practices. It fails to do justice to law reform's normative character, obscuring its costs and positive potential.This article's argument concerns the complex relationship between empirical evidence of social practices and well-intentioned law reform. It is a reminder that reform will not merely reflect social practices, but also intervene in them, in unpredictable ways. Law reform cannot respond to all practices in a given area, and so requires choices that are

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Section: Law and Social Practices' Entwinement Unintended Effectsmentioning

confidence: 99%

Law Reform, Lesbian Parenting, and the Reflective Claim

Leckey

2011

Social & Legal Studies

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“…See e.g Omer et al (2013)Riches and Dawson (1997).110 See e.g Glennon (2008). andAtack (2016).111 For exampleBainham (2001) argues that 'backward looking' assessments of fault are increasingly irrelevant in family law disputes.112 Pursuant to the welfare of the child principle, and welfare checklist, in s 1 of the Children Act 1989 in England and Wales.113 Lowe and Douglas (2015), ch 1.…”

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confidence: 99%

‘First Among Equals’: Breaking the Deadlock in Parental and Sibling Funeral Disputes

Conway

2018

Liverpool Law Rev

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Family disputes over a loved one's funeral arrangements are increasingly frequent, with courts intervening if consensus cannot be reached. In many common law jurisdictions, the law favours the executor where the deceased made a will and the highest ranking next-of-kin where the deceased died intestate. But what if two or more people fall within the same kinship tier and have equal rights to determine the deceased's fate-who has the final say? Adopting a uniquely comparative approach which draws the authorities together for the first time, this article analyses the factors devised by judges in Australia and England, and contrasts them with the discrete statutory tests adopted in parts of Canada and the United States. Having evaluated the various approaches, the article proposes its own hybrid legal solution for breaking the deadlock in so-called 'equal kinship disputes'.

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But what is judicial guidance? Debating Canadian judgments on children

Leckey

2010

Journal of Social Welfare and Family Law

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Obligations Between Adult Partners: Moving From Form to Function?

Cited by 12 publications

References 16 publications

Law Reform, Lesbian Parenting, and the Reflective Claim

Law Reform, Lesbian Parenting, and the Reflective Claim

‘First Among Equals’: Breaking the Deadlock in Parental and Sibling Funeral Disputes

But what is judicial guidance? Debating Canadian judgments on children

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