This Article focuses both on the changes that have been made to the legal framework governing post-separation parenting of children in Australia, as well as the processes and discourses via which these matters have been dealt with and debated. Alone among comparable common law jurisdictions such as Canada, the United States, and England, Australia’s family law legislation, and the significant changes made to it in the past fifteen years, can be seen to have been particularly responsive to the lobbying (...) of fathers’ rights groups. It will be suggested that changes to the legislative framework that governs family law in Australia have taken place, at best, without any clear rationale or need and perhaps more problematically, have at times flown in the face of, rather than been undertaken by reference to, the evidence-based research about post-separation parenting practices and what we know about children’s welfare or best interests, the paramount consideration that underpins decision-making in this field. The purpose of this discussion is to attempt to posit some possible explanations for this distinctive path of Australian family law “reform”. (shrink)

Despite claims of ‘evidence based policy’, the place of empirical evidence in family law reform is ambiguous. There is ongoing socio-legal analysis of the differential value and uses of quantitative data and anecdote in detailing women’s experiences and advocating for change. In this paper, we engage with these issues through a focus on how data were constructed in a key government report, Every Picture Tells a Story, which was used to officially define the problem and outline recommendations in (...) the controversial 2006-08 reform of the Australian Child Support Scheme. Our discussion focuses on two questions: what legitimacy is accorded to different kinds of evidence in family law reform processes?; and, how is this legitimacy gendered? We applied feminist critical discourse analysis to the type, source and claims of the data included in the child support chapter of the report. Our findings indicate that both quantitative data and anecdote were used to privilege fathers’ financial interests and autonomy; in contrast, women’s voices and interests were marginalised. Thus, we argue the legitimacy of data is ascribed through its relationship to the gendered definition of the ‘problems’ of child support, rather than the type of data per se. (shrink)

Empirical research in this field has underlined the diversity of the cohabitation population, the existence of the common law marriage myth and the lack of consensus on the best way forward for reform of the law in England and Wales. Against the backdrop of the English Law Commission’s on-going project on cohabitation law, this article will explore the reasons found by recent research for people’s choice of cohabitation over marriage, the interrelationship between commitment and economic vulnerability and the tension (...) in feminist debates as to whether an extension of rights for opposite-sex cohabitants that are analogous to married spouses (either by an opt-in model or opt-out model) might be an appropriate solution or a reinforcement of patriarchal marriage values. It will also consider, given recent research findings and other initiatives aimed at raising awareness about the legal differences between different styles of cohabitation relationship, law’s dual and conflicting role in shaping regulated family structures whilst both protecting vulnerable family members inside and outside such structures and at the same time also offering socially acceptable standards of dispute resolution in this most personal of spheres. (shrink)

Recently, Australia became the second jurisdiction worldwide to legalize the use of mitochondrial donation technology. The Mitochondrial Donation Law Reform (Maeve’s Law) Bill 2021 allows individuals with a family history of mitochondrial disease to access assisted reproductive techniques that prevent the inheritance of mitochondrial disease. Using inductive content analysis, we assessed submissions sent to the Senate Committee as part of a programme of scientific inquiry and public consultation that informed drafting of the Bill. These submissions discussed a range (...) of bioethical and legal considerations of central importance to the political debate. Significantly, submissions from those with a first-hand experience of mitochondrial disease, including clinicians and those with a family history of mitochondrial disease, were in strong support of this legislation. Those in support of the Bill commended the two-staged approach and rigorous licencing requirements as part of the Bill’s implementation strategy. Submissions which outlined arguments against the legislation either opposed the use of these techniques in general or opposed aspects of the implementation strategy in Australia. These findings offer a window into the ethical arguments and perspectives that matter most to those Australians who took part in the Senate inquiry into mitochondrial donation. The insights garnered from these submissions may be used to help refine policy and guidelines as the field progresses. (shrink)

Australia is witnessing a political, social and cultural renaissance of public debate regarding violence against women, particularly in relation to domestic and family violence (DFV), sexual assault and sexual harassment. Women's voices calling for law reform are central to that renaissance, as they have been to feminist law reform dating back to nineteenth-century campaigns for property and suffrage rights. Although feminist research has explored women’s voices, speaking out and storytelling to highlight the exclusions and limitations of the (...) legal and criminal justice systems in responding to women’s experience, less attention has been paid to how women's voices are elicited, received and listened to, and the forms of response they have received. We argue that three recent public inquiries in Australia reveal an urgent need for a victim-survivor-centred theory of listening to women’s voices in law reform seeking to address violence against women. We offer a nascent theory of a victim-survivor-centred approach grounded in openness, receptivity, attentiveness and responsiveness, and argue that in each of our case studies, law reform actors failed to adequately listen to women by silencing and refusing to listen to them; by hearing them but failing to be open, receptive and attentive; and by selectively hearing and resisting transformation. We argue that these inquiries signal an acute need for attention to the dynamics of listening in law reform processes, and conclude that a victim-survivor-centred theory of listening is a critical foundation for meaningful change to address violence against women. (shrink)

Protecting women and children is one of the core values of the Islamic legal tradition. In Muslim countries religious, constitutional, and legal frameworks obligate the state to take special measures to provide protection to women and children within families and in society. However, despite such provisions, post-divorce maintenance rights are not granted to women in Pakistan and Iran. Family law enacted in Pakistan and Iran still differs in form and substance from what has been mentioned in the primary sources (...) of Islamic law and from the previous articulations of early Islamic law scholars. Moreover, patriarchal notions of male authority are still sustained through law and judicial interpretations when it comes to the question of giving post-divorce maintenance to women. As a result in the absence of a welfare system divorced women are left in a vulnerable situation. Although in Iran, some financial compensation under the concept of Ujrat ul Misl is given to divorced women, but it remains unclear whether the right to Mata’at-ul-Talaq has been recognised under the family law. In Pakistan the law does not include any provision for giving women Ujrat ul Misl and Mata’at- ul -Talaq. Moreover in the absence of a welfare system, divorced Muslim women in both countries are left in a vulnerable situation. This article engages with plural normative sources and contemporary notions of human rights to make the case for family law reform and for awarding post-divorce maintenance rights to Muslim women in Pakistan and Iran. (shrink)

Canada has an enviable record of relatively progressive and egalitarian legislation and policy in relation to Canadian family forms. The country’s constitutional guarantees of equality and multiculturalism provide the legal foundation for this record. In particular, Canada’s leadership in the recognition of and support for same-sex relationships in family law and social policy is widely acknowledged. This is, however, also deeply contested terrain: Feminist legal scholars informed by critical political economy argue that recent family law advances in (...) Canada sit compatibly with neo-liberal social policy and restructuring of the welfare state; the neo-conservative and religious right assert that the fundamental nature of family has been undermined by the recognition of same-sex marriage, facilitating the legal recognition of polygamous relationships, among others. Still others take the view that despite a liberal, progressive and formally egalitarian approach to family, the legal recognition of same-sex marriage in Canada reflects and reinforces a historically patriarchal, heterosexual institution that should be jettisoned rather than embraced. These arguments raise issues and illustrate more generally the tensions in state and legal construction and regulation of familial relations — historically and in the current context. In this Article, I re-theorize the significance of patriarchy and the relationship between patriarchal relations and the discourse of privatization in critical family law. Using the experience of women from the “outskirts” — lesbian spouses, welfare mothers, and women in polygamous relationships — I demonstrate the limits of any theory of “privatization” that does not theorize patriarchal relations. In particular, I identify and analyze the impediments to equality posed by increasingly invisible, but no less enduring, patriarchal familial ideologies in order to envision forms of family law reform and state social policy that might actually improve gendered and generational familial relations and transform the social landscape more generally. (shrink)

This paper contributes to international feminist debates on shared parenting and family violence via reforms to Canada’s Divorce Act, in force since 2021. Looking backwards, it reviews parliamentary debates and early judicial discussions. The documentary review reads the reforms as an unstable compromise between calls from feminist voices and experts on family violence and from groups representing fathers. Family violence is now defined broadly and declared relevant to children’s welfare. But language in the statute may undermine its (...) seriousness. Exposing the tensions underlying these reforms is useful for Canadian participants in family justice and for scholars, practitioners, and policymakers elsewhere, exemplifying the promise and perils of reform in this area. Looking ahead, the paper offers recommendations to higher courts. Appellate judges should read rules on contact with both parents and parental cooperation in the light of the new recognition of family violence, taking the latter as an overarching objective of the statute. (shrink)

Despite the efforts of some modern Jewish law scholars, it is difficult to apply models of secular jurisprudence (whether positivist or Dworkinian) to the Jewish legal system. Internal analysis suggests that the “secondary rules” of the system are far too fragile. Rather, the system appears to privilege trust over objectively determinable truth. (But perhaps trust is a concept to which greater attention should be paid also in secular jurisprudence, as a legal realism informed by semiotics might maintain.) The practical implications (...) of this difference are here illustrated both from research on reform of Jewish marriage law and recent developments in the area of law and religion, in the wake of Archbishop Rowan Williams’ advocacy in 2008 of a model of “transformative accommodation”. (shrink)

Immigration law is exceptional enough to deserve an administrative law focus of its own. The Administrative Procedure Act (APA) does not demand uniformity in adjudication. Therefore, it may be counterintuitive to argue that any one area of administrative adjudication is exceptional. Removal adjudication is indeed exceptional because it is an extremely dysfunctional system, it operates in a double void of fewer constitutional protections and without the protections of the APA, it relies on a vast network of civil detention, and it (...) is of a different genre than the type of regulation that drove the development of the APA. The exceptionality of removal adjudication demands a review of administrative law doctrine with this exceptionality in mind. (shrink)

This paper focuses on successful reform strategies invoked in parts of the Muslim world to address issues of gender inequality in the context of Islamic personal law. It traces the development of personal status laws in Tunisia and Morocco, exploring the models they offer in initiating equality-enhancing reforms in Bangladesh, where a secular and equality-based reform approach conflicts with Islamic-based conservatism. Recent landmark family law reforms in Morocco show the possibility of achieving ‘women-friendly’ reforms within an Islamic (...) legal framework. Moreover, the Tunisian Personal Status Code, with its successive reforms, shows that a gender equality-based model of personal law can be successfully integrated into the Muslim way of life. This study examines the response of Muslim societies to equality-based reforms and differences in approach in initiating them. The paper maps these sometimes competing approaches, locating them within contemporary feminist debates related to gender equality in the East and West. (shrink)

Several European countries are approving legislative reforms moving to a presumed consent system in order to increase organ donation rates. Nevertheless, irrespective of the consent system in force, family's decisional capacity probably causes a greater impact on such rates. In this contribution we have developed a systematic methodology in order to analyse and compare European organ procurement laws, and we clarify the weight given by each European law to relatives' decisional capacity over individual's preferences (expressed or not while alive) (...) regarding the destination of his or her organs after death. In this sense, the results constitute the first comprehensive and comparative legislative mapping on European transplantation laws. (shrink)

In an effort at ethical reform, Taiwan recently revised the Hospice Palliative Care Law authorising family members or physicians to make surrogate decisions to discontinue life-sustaining treatment if an incompetent terminally ill patient did not express their wishes while still competent. In particular, Article 7 of the new law authorises the palliative care team, namely the physicians, to act as sole decision-makers on behalf of the incompetent terminally ill patient's best interests if no family member is available. (...) However, the law fails to provide guidance as to what constitutes the patient's best interests or what specific procedures the treating physicians should follow, and so has raised constitutional concerns. It may be difficult to translate ethical reform into law but it is not impossible if essential requirements are carefully followed. First, there must be substantial nexus between the purpose of the statute and the measures provided under the statute. Second, advocates need to convince the public that futility or waste has amounted to a public health emergency so as to justify lower procedural requirements. Third, a remedy or compensation should be available if the surrogate decisions have not been appropriately made. Fourth, minimum procedural safeguards are necessary even though the statute is intended to reduce the procedural burdens of making surrogate decisions on behalf of incompetent patients who lack family members and did not express their wishes while still competent. (shrink)

This paper investigates force shift, a phenomenon in which the canonical discourse conventions, or force, associated with a clause type can be overridden to yield polar questions with the help of additional force-indicating devices. Previous studies attribute force shift to the presence of a complex question force component operating on semantic content. Based on utterance particles and particle clusters in Cantonese, we analyze force shift as resulting from compositional operations on force-bearing expressions. We propose that a simplex force, such as (...) assertion or question, denotes unanchored sentence acts, while a force-shifting particle like Cantonese _ho2_ is an anchoring function anchoring a sentence act to the speaker while querying whether or not the addressee can perform the sentence act. The proposed semantics makes predictions about _ho2_’s interactions with addressee-changing operations and imperatives, as well as about a larger family of force shift phenomena. (shrink)

In a secular society, does Christmas mean anything anymore? As we stuff ourselves with plumped-up turkeys, unwrap the latest useless gadget, and gather round the family tree, what real relevance does the festive season have and why do we perpetuate it? The Philosophy of Christmas is designed to be a fun book but one underpinned by an exploration of serious philosophical issues. The way we celebrate Christmas says a lot about the way we relate to each other, our society (...) and values. For instance, did you know that Santa's outfit is only red and white because those are the colours of the Coca Cola company? Already a bestselling author, Stephen Law takes a look at such things as the virgin birth (David Hume's theories on miracles), Bertrand Russell's turkey, the existential angst of Santa, and peace on earth to produce a humourous, varied and thought-provoking collection. (shrink)

This chapter provides a survey of Kierkegaard's views of systematic theology, doctrine, and dogmatics. It demonstrates that while Kierkegaard's view of theology is generally negative, for he regards it as a human enterprise created in order to avoid doing God's Word, his attitude to doctrine and dogmatics is nuanced and complex. Kierkegaard rejects doctrine insofar as it objectifies Christianity, but nevertheless generally accepts the classic doctrines of the Christian faith and sees no reason to reform them. This ambivalence toward (...) doctrine stems from his conviction that the task facing the believer is not to reflect on doctrine, but to appropriate and apply it existentially to his/her own individual existence. Similarly, although Kierkegaard rejects the efforts of contemporary dogmaticians, dogmatics itself is valid insofar as it reproduces the paradoxical character of Christianity and the decision between faith and offense with which Christian dogmas confront every human being. (shrink)

The theological energies released by Martin Luther in 1517 created a set of theological insights and problems that eventually led to the development of kenotic Christology. This article traces how kenotic Christology originated in the Eucharistic Controversy between Luther and Zwingli, before receiving its first extensive treatment in the debate between the Lutheran theologians of Tübingen and Giessen in,the early seventeenth century. Attention then turns to the nine-teenth century, when doctrinal tensions resulting from the enforced union of the Prussian Lutheran (...) and Reformed churches created the conditions for a new flowering of kenotic Christology in the theologies of Ernst Sartorius and, subsequently, Gottfried Thomasius. Kenotic Christology ultimately originates with Luther, however, for it owes its existence to the creative theological energies he unleashed and which remain his lasting legacy. (shrink)

Music reflects subjectivity and identity: that idea is now deeply ingrained in both musicology and popular media commentary. The study of music across cultures and practices often addresses the enactment of subjectivity "in" music - how music expresses or represents "an' individual or "a" group. However, a sense of selfhood is also formed and continually reformed through musical practices, not least performance. How does this take place? How might the work of practitioners reveal aspects of this process? In what sense (...) is subjectivity performed in and through musical practices? This book explores these questions in relation to a range of artistic research involving contemporary musical practices, drawing on perspectives from performance studies, phenomenology, embodied cognition, and theories of gendered and cultural identity. (shrink)

Medvedev's intermediate logic (MV) can be defined by means of Kripke semantics as the family of Kripke frames given by finite Boolean algebras without units as partially ordered sets. The aim of this paper is to present a proof of the theorem: For every set of connectives such that the-fragment ofMV equals the fragment of intuitionistic logic. The final part of the paper brings the negative solution to the problem set forth by T. Hosoi and H. Ono, namely: is (...) an intermediate logic based on the axiom (abc) (ab)(a c) separable? (shrink)

The call for family and medical leave reform in the United States was largely the result of sweeping demographic shifts that occurred in the workforce after the 1950s, coupled with an ever-increasing life expectancy and changing social norms concerning the role of women as caretakers. By the early 1990s, the number of women in the workforce had nearly tripled from 1950. During that same period, life expectancy increased by six years for males and seven for females. Meanwhile, the (...) first wave of the Depression-era generation began to reach the age of retirement. In short, the parents of American workers were living longer and retiring in greater numbers while more women, who were more likely to be informal caregivers, decided to join the workforce. As a result, many families with ill or elder parents began to turn to institutional long-term care. (shrink)

Sexual and reproductive health is a challenge worldwide, and much progress is needed to reach the relevant UN Sustainable Development Goals. This paper presents cross-sectional data collected in Sierra Leone on sexual and gender-based violence, family planning, child, early and forced marriage, and female genital mutilation using an innovative method of measurement: situational judgment tests, as a subset of questions within a larger survey tool. For the SJTs, respondents saw hypothetical scenarios on these themes and had to indicate how (...) they would react. The objective is to give an impression of beliefs and norms on specific behaviors, which provide insights for social and behavior change interventions. Data was collected by enumerators traveling to villages randomly selected in six districts of the country. The sample is composed of 566 respondents. Results show that FGM in particular seem to be a priority topic, in comparison to the other topics for which the norms seem to be stronger against those practices. Age differences emerged and suggest priority groups to be targeted. In terms of validity of the measurement methods, situational judgment test answers correlated positively with other items in the survey, but the magnitude of the association is often small, and sometimes not significant. Thus, more studies are needed to further explore the validity of this measure by comparing against a reference value. Using SJTs could complement other data collection tools to perform community assessment, and orient the direction of the program in its planning phase. (shrink)

Megan1 is a young teenage patient who suffered a stillbirth at 28 weeks, leading to a year long police investigation dropped only after postmortem tests found that her pregnancy was lost due to natural causes. The stress of the investigation and her isolation from friends and support network following the seizure of her mobile and laptop compounded the trauma of the stillbirth, leaving her requiring emergency psychiatric care. Aisha1 is a vulnerable patient who suffered a premature delivery, having experienced similar (...) problems in earlier pregnancies. Things happened so quickly that Aisha delivered on her own at home, only then seeking medical care. She told hospital staff that earlier in her pregnancy she had considered an abortion. As a result, she found herself interviewed under police caution and was required to surrender her phone and tablet, limiting access to friend and family support just when most needed. Aisha was denied unsupervised access to her baby in the intensive care unit, needing to hand over expressed breast milk to a receptionist. These stories, which were reported in a recent meeting in Parliament,1 are sadly far from unusual. They reflect the collateral damage of a growing trend towards more enthusiastic enforcement of the archaic abortion laws of England and Wales.2–5 In such cases, women who present with miscarriage, stillbirth or a premature delivery have aroused the suspicion of health professionals, sometimes because—like Aisha—they speak honestly about having considered abortion earlier in their pregnancies. They then find themselves reported to the police, required to surrender electronic devices and sometimes advised by duty solicitors to speak to no one about events leading to their investigation, thus being denied emotional and full clinical support at a time of significant trauma. These women are not the only victims of British abortion laws: so …. (shrink)

Today, major disciplines (including psychology, philosophy, science, etc.) are seeking to forge a deeper connection with spirituality/spiritual values. Emanating from these efforts are clues about the role of spirituality as an inspiration, a fertile source, and a benchmark for research, policy-making, and reforms. In the case of law/the law, scholars explore its relationship with spirituality in light of diverse topics including human rights, crime prevention, family relations, humanitarianism, development, education, security, conflict resolution, and freedom. A few of these works (...) offer fascinating insights, and a few emphasize the need for more detailed analysis. -/- This chapter seeks to highlight a few aspects of the relationship between law and spirituality. First, it highlights the importance being given to spirituality or spiritual values across disciplines, including law. Second, it aims to map the influence of spirituality in the working of laws and legal systems. This exercise will be undertaken in light of the expressions such as spiritual needs, spiritual rights, the spiritualization of law, etc. Third, the chapter raises a few questions of conceptual and practical importance. (shrink)

Informal science learning sites create opportunities for children to learn about science outside of the classroom. This study analyzed children’s learning behaviors in ISLS using video recordings of family visits to a zoo, children’s museum, or aquarium. Furthermore, parent behaviors, features of the exhibits and the presence of an educator were also examined in relation to children’s behaviors. Participants included 63 children and 44 parents in 31 family groups. Results showed that parents’ science questions and explanations were positively (...) related to children observing the exhibit. Parents’ science explanations were also negatively related to children’s science explanations. Furthermore, children were more likely to provide science explanations when the exhibit was not interactive. Lastly there were no differences in children’s behaviors based on whether an educator was present at the exhibit. This study provides further evidence that children’s interactions with others and their environment are important for children’s learning behaviors. (shrink)

Until 1996, poor single mothers in the United States could claim welfare benefits for themselves and their children under the Aid to Families with Dependent Children (AFDC) program if they had no other source of income. With the 1996 passage of the Personal Responsibility Work Opportunity Reconciliation Act (PRWORA), paid work and work-related activities became a mandatory condition for receiving aid. At the same time, the law promotes marriage as a route out of poverty. Using a feminist reinterpretation of Althusser’s (...) concept of interpellation, I turn to Job Clubs, mandatory week-long workshops that teach job search skills, to analyze the citizen-subject generated by front-line representatives of the state in the context of this new legislation. Based on participant-observation, I conclude that while PRWORA ostensibly promotes both marriage and paid employment, Job Club trainers enforced a masculine worker-citizen subject through the deployment of three discursive strategies. These discursive strategies 1) promoted paid work over welfare-receipt as both a pragmatic and moral choice, 2) posited an individual-psychological account of women’s welfare receipt, and 3) portrayed parenting skills as marketable skills. In the conclusion, I speculate that current welfare reform efforts require the generation of a self-reproducing worker-citizen and that workshops like Job Club become a site in which the existence of this autonomous citizen is affirmed. (shrink)

Chapter 1 serves as an introduction to the vast topic of laws of nature. Thus, it first outlines the alleged characteristics of the laws of nature, namely truth, objectivity, contingency, necessity, universality, grounding counterfactuals and their role in science. Among these aspects, the peculiar modal status of laws of nature will be identified as the ‘holy grail’ of the debate. The second part of this chapter is concerned with the three main families of theories of laws of nature – neo-humean, (...) ADT and dispositional theories – which are introduced and evaluated in regard to the aforementioned characteristics. It will then be argued that among those theories, the dispositional ones show the greatest promise of being able to account for the natural necessity of the laws of nature. -/- Before a dispositional account of laws of nature can be given, dispositions themselves need to be understood. Consequently, Chapter 2 introduces various analyses of dispositions. As dispositions are pre-theoretically close to conditionals, a lot of analyses try to reduce dispositions to conditionals. This chapter critically assesses some chosen accounts: the simple conditional analysis, Carnap’s reduction sentences, the simple counterfactual conditional analysis, Lewis’ reformed conditional analysis, Malzkorn’s sophisticated con- ditional analysis, Choi and Gundersen’s context-dependent analysis, Manley and Wasserman’s gradable dispostion ascriptions, and Fara’s habituals. The prevention problem, which poses a threat to any account of dispositions, is depicted. It is argued that, ultimately, none of the conditionalising attempts is able to convince since they all exclude the problem cases which leads to explanation gaps and outlaw areas. -/- Chapter 3 contains the synchronic part of my preferred solution to the prevention problem. The notion of ‘component causes’ is introduced, and the ontological status of components discussed. Millikan’s oil drop experiment is depicted en detail. In a first step, making a distinction between dispositions and the resulting behaviour is advocated. Via the symmetry argument, mani- festations and masks are shown to be ontologically on a par. In a second step, a triadic account consisting of dispositions, wirkungen and resultant behaviour, is established. Finally, the ontological interpretation of the trias is given. It is in the nature of the dispositions to bring about the wirkungen. These interact via combinations rules like the functions f and fa or vector addition, which are built-in into to dispositions. -/- The diachronic part of my favourite interpretation, the triadic process picture of dispositions (TPD), is presented in chapter 4. The dynamics of dispo- sition manifestation are discussed and it is argued that fiddling with the trigger works only up to a certain point. Diachronic masking cases turn out to be no- torious. An excursus to action theory shows that the ontology needs to include processes, as understanding disposition manifestations as processes solves the diachronic prevention problem. The (TPD) can account for all counterexamples by taking the stimulus as the beginning of the manifestation process. -/- Chapter 5 applies the (TPD) to the debate about laws of nature. In order to judge its adequacy, the characteristics of laws of nature given in chapter 1 are consulted. As a first step, the criteria truth, objectivity, universality, grounding counterfactuals and their role in science are covered. It is sketched how the (TPD) can account for these. The second part of the chapter deals with the modal status of the laws of nature. The dispositional essentialist’s view that laws of nature are metaphysical necessary is depicted and then criticised. It is argued that metaphysical necessity is not the appropriate modal status of the laws of nature. Finally, the (TPD) account of the necessity of the laws of nature is presented: laws of nature are naturally necessary and metaphysically contingent. (shrink)

This study examines the socioeconomic and familial background of Irish Catholic priests born between 1867 and 1911. Previous research has hypothesized that lack of marriage opportunities may influence adoption of celibacy as part of a religious institution. The present study traced data from Irish seminary registries for 46 Catholic priests born in County Limerick, Ireland, using 1901 Irish Census returns and Land Valuation records. Priests were more likely to originate from landholding backgrounds, and with landholdings greater in size and wealth (...) than the local average. Priests were found to originate from families with more sons than the national average, but with similar numbers of daughters. These findings are discussed in relation to competition for resources and lineage survival strategies. (shrink)

Law in Civil Society advances a new and comprehensive theory of how legal institutions should be reformed to uphold the property, family, and economic rights of individuals in civil society. In so doing, it offers a powerful challenge to the dominant legal theories and practices espoused by liberalism, positivism, natural law, and critical legal thought. Winfield argues against the prevailing assumptions of legal philosophers who dogmatically embrace formal or historical conceptions of law. True law, he contends, must be constructed (...) within the context of the different spheres of rights and ultimately can only exist within a civil society committed to self-determination and community. Working from these fundamental premises, he analyzes in detail a rich array of important legal issues: fair access to legal representation, the rationale for jury trials, appropriate distinctions between civil and criminal legal procedures, the controversies pitting common law versus codification and adversarial versus inquisitorial systems of trial, and the relationship between civil society and the state. Much inspired by Hegel's Philosophy of Right, Winfield's study offers the most convincing critique yet of that renowned philosopher's work and, in the process, provides a more complete and coherent conception of law than Hegel himself articulated. Provocative and highly instructive, the book should attract scholars, teachers, and students in legal and political philosophy and anyone else with an abiding interest in the foundations of Western law. (shrink)

On March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act into law. ACA aims to improve access to care and health outcomes through a number of mechanisms, including requiring most individuals to carry health insurance, prohibiting insurers from denying health insurance coverage based on pre-existing conditions, and creating exchanges through which individuals and families not eligible for employer- or government-sponsored health insurance may purchase coverage. While the Act is aimed primarily at improving individual health by increasing (...) access to health insurance, it also contains a number of provisions targeted directly at improving health at the population level. Most of these provisions, which encompass a variety of disease prevention and access-to-care initiatives, are found in ACA Title IV. (shrink)

On March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act into law. ACA aims to improve access to care and health outcomes through a number of mechanisms, including requiring most individuals to carry health insurance, prohibiting insurers from denying health insurance coverage based on pre-existing conditions, and creating exchanges through which individuals and families not eligible for employer- or government-sponsored health insurance may purchase coverage. While the Act is aimed primarily at improving individual health by increasing (...) access to health insurance, it also contains a number of provisions targeted directly at improving health at the population level. Most of these provisions, which encompass a variety of disease prevention and access-to-care initiatives, are found in ACA Title IV. (shrink)

This study aimed to advance our understanding of 5-year-olds’ behavioral difficulties by modeling and testing both mediational protective and risk pathways simultaneously. Drawing on two national samples from different Western European countries—the United Kingdom and Germany, the proposed model considered observed sensitive parental interactive behaviors and tested child vocabulary as protective pathways connecting parental education with children’s behavioral outcomes; the risk pathways focused on negative parental disciplinary practices linking parental education, parental distress, and children’s difficult temperament to children’s behavioral difficulties. (...) Further, the tested model controlled for families’ income as well as children’s sex and formal child care attendance. Children with comparatively higher educated parents experienced more sensitive interactive behavior, had more advanced vocabulary, and exhibited fewer behavioral difficulties. Children with a comparatively higher level of difficult temperament or with parents who suffered from distress tended to experience more negative disciplinary behavior and exhibited more behavioral difficulties. Additionally, children’s vocabulary skills served as a mechanism mediating the association between parental education and children’s behavioral difficulties. Overall, we found similar patterns of results across the United Kingdom and Germany with both protective and risk pathways contributing simultaneously to children’s behavioral development. The findings suggest that promoting parents’ sensitive interactive behaviors, favorable disciplinary practices, and child’s vocabulary skills have potential for preventing early behavioral difficulties. (shrink)

The phenomenon of domestic violence is as old as humanity itself, but legal protection against violence both internationally and nationally begins to be provided very late. In the Republic of North Macedonia, until 2004, there was no legal protection of victims of domestic violence, nor was adequate sanctioning of perpetrators. Only since 2004, with the amendments and additions to the Criminal Code in the criminal sphere, and the Law on the Family in the civil sphere, the phenomenon of domestic (...) violence began to receive due legal attention, with the application of provisions for the sanctioning of perpetrators and temporary measures protection for victims. The adoption of the Istanbul Convention (The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence) and its ratification in 2018 undoubtedly contributed to the Republic of North Macedonia undertaking a series of reforms in the field of domestic violence. So initially, in 2021, the new Law on domestic violence was adopted in harmony with the principles of the Istanbul Convention, whereas in 2023 the Law on the amendment of the Criminal Code was adopted. This law focused on changes in criminal offenses related to domestic violence and gender-based violation, as well as the incorporation of new criminal offenses in this regard. These legislative reforms, especially the amendments approved in February 2023 which are of particular importance in the prevention and fight against domestic violence and violence against women in the Republic of North Macedonia are the focus of this research. Here we have analyzed and commented the approved changes to the Criminal Code of RNM. (shrink)

A major issue facing the health of young adults in the United States is the often unintentional lack of confidentiality maintained in the provision of sensitive health services. Of primary concern is that young adults who remain on their parents' health insurance plans forgo Sexually Transmitted Infection screening and treatment, as well as other sensitive services such as family planning services and mental health treatment out of a concern that explanation of benefit forms from such services will inform their (...) parents, the policyholders. The challenges of providing confidential health care to young adults have become more prominent and concerning following the passage of the Affordable Care Act, as adult children can now remain on their parents' plans until the age of 26. While this change will grant more young adults access to health care services, ensuring confidential care remains a challenge whenever the parent and not the patient is the policyholder. This article discusses these serious challenges and offers potential solutions to ensuring confidentiality for specific services for young adults. (shrink)

This paper seeks to explore why women’s participation in the Jordanian workforce remains comparatively low—despite an increase in the number of employed women across many countries and regions. Focusing on the Jordanian private sector, where the greatest disparities lie, we assess the conformity between the provisions that regulate family-related rights in the workplace within national labour law and international law. From this examination, we conclude that whilst law offers the potential for significant positive change in the Jordanian labour market, (...) and notwithstanding the labour law reforms which took place between 2000 and 2020, the underlying structure of the existing laws is inimical to the goal of women’s full participation. Using a women’s rights perspective, we argue that, instead of piecemeal reform, the labour law sphere must be revised as a whole to better accommodate respect for women’s needs in the workplace. This change must be underpinned by family-friendly legislation, which, as our study shows, is a key factor in alleviating some of the major challenges facing women workers. (shrink)

Instigated by the incident of the chained woman in Feng County, Jiang Su Province, this paper offers a phenomenological argument on the workhorses legitimizing and sustaining women trafficking in China. Specifically, I leverage the Imperial Man and the Paradigm of War by Nelson Maldonado-Torres and construct a pair of paralleled concepts: the Patriarchal Man and the Paradigm of Family. In analyzing the social media coverage of the chained woman and government responses, I argue that the Patriarchal Man and the (...) Paradigm of Family create and perpetuate a common understanding that enables and normalizes women trafficking within a broader circuit. This circuit includes both state actors such as government officials and local actors who are not directly involved in trafficking, in addition to the traffickers, buyers and sellers. To combat women trafficking, we need law reforms as well as a phenomenological reduction of the Patriarchal man. I suggest three potential ways for the phenomenological reduction. (shrink)

Inequality isn’t just for the young anymore. People over age sixty-five face large and growing inequalities in health, wealth, work, and family. The widening gap between better- and worse-off older Americans has begun to undermine legal institutions that once worked to correct inequality, including Social Security, Medicare, private pensions, and family law. In this Article, I briefly document the inequalities that have transformed old age in the last fifty years and then analyze three common justifications for reform: (...) budget solvency, inequality, and progressivity. I show that each of these falls short of the kind of principled justification that will be needed to justify cutting benefits, raising taxes, or both. (shrink)

In 2004, the U.K. parliament passed the Civil Partnership Act which provides a scheme to enable same-sex couples to obtain formal recognition of their relationships through the registration of a civil partnership. When the Civil Partnership Bill was making its way through parliament, attempts were made in the House of Lords to derail the Bill through amendments seeking to extend the Bill to certain familial relationships of care and support. In order to counter these attempts and to facilitate the removal (...) of the amendments, the government gave the assurance that the matter of the economically vulnerable cohabitant would be referred back to the Law Commission for England and Wales for review. Consequently, in July 2005, the Law Commission commenced its project on cohabitation. This paper seeks to examine models of reform (such as the one proposed by the Law Society of England and Wales in its 2002 Cohabitation report) as well as those introduced in other Commonwealth countries. The aim is to identify some of the crucial questions that the Law Commission will need to give careful consideration to if they are to make recommendations that will provide a more radical approach to this area of the law, rather than adopt the more conservative approach of including cohabitation in ‘piggy back’ mode on the marriage model. (shrink)

Clark, Robert Victorian Attorney-General the Hon Robert Clark was guest speaker at the 2012 Annual General Meeting of the Caroline Chisholm Centre for Health Ethics. In this extract from his speech, he discusses the relationship between the law and ethics, and the reform of Victoria's laws on guardianship and powers of attorney. While some ethical obligations should not be made into legal duties, he argues that every legal duty is founded upon a moral obligation. The reform of Victoria's (...) laws on guardianship and powers of attorney seeks to make it easier for individuals and their families to provide for their current and future needs, while strengthening the last resort roles of the Office of the Public Advocate and the Victorian Civil and Administrative Tribunal to protect vulnerable people from neglect, abuse and exploitation. (shrink)

What is the proper balance between legislative and judicial innovation and between formal and functional family recognition once legislatures have addressed gay men’s and lesbians’ families? In the civil-law jurisdiction of Quebec, legislative reforms allow two women to register as a child’s mothers. But judges have recognized a second mother ‘in fact’ by orders sharing custody where the parties had not used the new legislative channels. Such judicial creativity is reconcilable with the civil law and comparative scholars should flag (...) it as a valuable resource. But it risks undermining legislative choices about family recognition. Perhaps the option to give a child a second mother includes the choice for a lesbian birth mother not to do so. Once two women become thinkable as spouses and mothers, judges risk inappropriately pressing a rich range of queer kinship possibilities into standard models. (shrink)

Why was it that Francis Bacon, trained for high political office, devoted himself to proposing a celebrated and sweeping reform of the natural sciences? Julian Martin's investigative study looks at Bacon's family context, his employment in Queen Elizabeth's security service and his radical critique of the relationship between the Common Law and the Monarchy, to find the key to this important question. Deeply conservative and elitist in his political views, Bacon adapted Tudor strategies of State management and bureaucracy, (...) the social anxieties and prejudices of the late-Elizabethan governing elite, and a principal intellectual resource of the English governing classes - the Common Law - into a novel vision and method for the sciences. Bacon's axiom that 'Knowledge is Power' takes on far-reaching implications in Martin's challenging argument that the reform of natural philosophy was a central part of an audacious plan to strengthen the powers of the Crown in the State. (shrink)

Based on in-depth interview data and popular culture texts, the current study has explored the politics of reproduction revolving around women’s age in contemporary China. Conceptualizing reproduction as a site of contestation and politics between different, and often contradictory, sets of discourses and power structures, I pursue a feminist and social constructivist analysis of the politics of reproduction in the lives of a group of urban professional women who are yet to enter motherhood at their late 20s and 30s. I (...) engage with Inhorn’s concept of ‘disrupted reproduction’ to highlight the politically, morally and emotionally charged contestations in the ‘problematized’ reproductive lives of these women. I unveil how Chinese professional women beyond their ‘reproductive prime’ are discursively constructed as ‘disrupters’, who fail their femininity test tied to a motherhood identity within the family context, challenge the ‘natural’ biological law regulating their reproductive bodies, and face a doomed reproductive future fraught with medical, physical and emotional traumas which ART cannot alleviate. Such a discourse renders invisible the structural causes of problems and challenges professional women face in negotiating parenthood, social norms and selfhood, which systematically put them under pervasive social surveillance and discipline. (shrink)

Following a Consultation exercise conducted by the Lord Chancellor's Department, the U.K. Government has announced its intention to amend the Children Act 1989 so that the unmarried father who jointly registers the birth with the mother will acquire parental responsibility automatically. In this paper, I draw on the responses made to the L.C.D. Consultation, in order critically to evaluate the arguments for and against reform. A poverty of relevant empirical research makes it impossible to reach a properly informed view (...) on the positive or negative impacts of implementing the proposal. However, the principled arguments: that unmarried fathers and their children are subject to discrimination, or that it is unfair for men to pay child support, yet have no automatic rights with regard to their children, are ultimately unconvincing. I also attempt a more explicitly sociological exploration of the Consultation and reform process, focusing on what it can tell us about evolving social attitudes towards the statuses of `father' and `family' and how they should be valued and protected. (shrink)

Following the U.K. Labour government commitment to marriage in the 1998 Green Paper ‘Supporting Families’, Barlow and Duncan produced a robust critique calling for ‘realism’ in recognising that many couples are now choosing not to marry, that too many do not make informed decisions as to whether to marry or not and that, on the basis of their survey, over 40% of respondents believed that some form of family law protection would be available to them, despite their lack of (...) marital status. When added to a concern that economically vulnerable cohabiting women do not receive adequate protection in property law, it seemed all too obvious that the government commitment to marriage should be challenged. In fact, government policy does seem to have shifted somewhat when, partly as a tactical manoeuvre to help the passage of the Civil Partnership Act 2004 and specifically recognising concerns with the needs of economically vulnerable parties, the issue was referred to the Law Commission for England and Wales. This places the ‘realism’ arguments firmly within the reform agenda. However, this article argues that there is a need to look more closely at the arguments used by the ‘realists’, in particular at the evocation of the figure of Mrs. Burns. The more contemporary case of Oxley v. Hiscock is used to both raise questions about the socio-economic profiles of cohabitants, as well to question the presentation of property law as failing women (and family law as offering the protection they need). I argue that feminists should take a cautious approach in relation to the seemingly compelling argument that cohabitants will benefit from the extension of aspects of marriage law to cover property issues at the end of a relationship. (shrink)

The founding of the Han 漢 dynasty by a man of common birth, Liu Bang 劉邦, precipitated a new awareness that class boundaries had become more fluid than in prior generations. New fashions threatened the established social order as wealthy individuals pretended to status that they had not yet achieved. To respond to these concerns, Jia Yi 賈誼 proposed a new sumptuary code regulating a range of luxury goods from apparel to accessories to ritual wares. This sumptuary system was designed (...) to bolster the authority of the imperial throne and to distinguish members of the Han government and the imperial family from other elites. This essay will present an overview of Jia Yi’s sumptuary code and consider its relationship to earlier theories of ritual reform. It will argue that his system combined Lord Shang’s 商 theory of circumstantial advantage with a new scheme of imperial publicity. The final section of this study assesses the implementation of Jia Yi’s recommendations by using jade as a case study. Based on recent archaeological evidence, I argue that Jia Yi’s ideas about jade in the context of his sumptuary guidelines have a contemporaneity with the revitalization of jade craft in the early Western Han. (shrink)

This article analyses the laws that govern the allocation of parental responsibility for children conceived through non-coital reproduction by lesbians and gay men in England/Wales and Australia. In 2008 both jurisdictions introduced important reforms affecting this area of law, providing new options for the legal recognition of parent–child relationships in lesbian and gay households. However, the practical usefulness or effectiveness of the reforms may be limited by the excessive complexity or obscurity of the system of parental responsibility thus introduced. Furthermore, (...) the reform Acts encourage the formation of some family structures—especially homonuclear families—while discouraging the emergence of more imaginative and cooperative parenting configurations at odds with heteronormative parenting scripts. Only through a clearer commitment to intentionality as a ground for the allocation of parental responsibility will future reform be likely to adequately protect the interests of lesbian and gay parents and their children. (shrink)

Plato's Cretan City is a thorough investigation into the roots of Plato's Laws and a compelling explication of his ideas on legislation and social institutions. A dialogue among three travelers, the Laws proposes a detailed plan for administering a new colony on the island of Crete. In examining this dialogue, Glenn Morrow describes the contemporary Greek institutions in Athens, Crete, and Sparta on which Plato based his model city, and explores the philosopher's proposed regulations concerning property, the family, government, (...) and the administration of justice, education, and religion. He approaches the Laws as both a living document of reform and a philosophical inquiry into humankind's highest earthly duty. (shrink)

Medical technology, specialization, and the corporatization of health delivery systems in the late twentieth century have all helped give birth to an unwelcome but unavoidable responsibility for individuals with family or friends—serving as a health care proxy. The responsibility comes without monetary compensation, is often involuntary, and lacks any real guidelines beyond the duty to make life-and-death decisions in circumstances over which the proxy has little control.The parameters of the proxy's job have evolved somewhat awkwardly in statutes and case (...) law, as lawmakers and judges have tried to apply conventional concepts to novel circumstances. This article examines the legal and functional status of the proxy, as well as the strengths and weaknesses of current public policy as reflected by state advance directive and surrogate decision-making laws. The first section of the article provides a historical perspective of our current notions of agency law as relevant to health care proxies. (shrink)