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Download After Legal Equality: Family, Sex, Kinship by Robert Leckey PDF

By Robert Leckey

ISBN-10: 041572161X

ISBN-13: 9780415721615

Groups looking criminal equality frequently take a victory because the finish of the road. as soon as judgment is granted or a legislations is handed, coalitions disband and lifestyles is going on in a brand new country of equality. coverage makers too may perhaps suppose problematical dossier is now closed. This assortment arises from the pressing feel that legislations reforms pushed by means of equality demand clean traces of inquiry. In accidental methods, reforms may possibly damage their meant beneficiaries. they could additionally irritate the drawback of alternative teams. devoted to tackling those vital concerns past the bounds that frequently confine criminal scholarship, this ebook pursues an interdisciplinary attention of efforts to develop equality, because it explores the advancements, demanding situations, and effects that come up from legislations reforms aiming to convey equality within the parts of sexuality, kinship, and kin family members. With a world array of participants, After criminal Equality: kinfolk, intercourse, Kinship might be a useful source for people with pursuits during this area.

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Sample text

Glennon, L. (2010) ‘The limitations of equality discourses on the contours of intimate obligations’, in J. Wallbank, S. Choudhry and J. Herring (eds) Rights, Gender and Family Law, Abingdon, UK: Routledge. Hale, B. (2011) ‘Equality and autonomy in family law’, Journal of Social Welfare and Family Law, 33: 3–23. Held, V. (2006) The Ethics of Care, New York: Oxford University Press. Herring, J. ’, Child and Family Law Quarterly, 11: 223–41. –––– (2005a) ‘Why financial orders on divorce should be unfair’, International Journal of Law, Policy, and the Family, 19: 218–29.

Intimate abuse strikes at the very conception of the self for the victim. Intimate relationship abuse, therefore, turns what should be a tool for self-affirmation and self-identification into a Making family law less sexy and more careful 31 tool for alienation and self-betrayal. The victim almost becomes used as a tool against herself. These arguments seem to point to the ‘intimacy’ requirement, better understood as not a point about the location of the incident so much as the nature of the relationship between the parties.

There is much to be said in favour of Ferguson’s argument. One of the difficulties with the current law is that the extent to which the claims of the spouse may be met or the goals of the state furthered depends on the wealth of the economically stronger spouse, still usually the husband. But, and it’s an enormous but, the costs of doing this through state funds would be enormous. Especially in the current economic climate, it is hard to imagine it being taken on. Further, it would not capture the fact that the losses caused to the wife have resulted in the gains to the husband in terms of home and family life (Glennon 2010).

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