Landmark Cases in Family Law
Produktdetaljer
Biografisk notat
Stephen Gilmore is Professor of Family Law at King's College London.
Jonathan Herring is a Professor of Law at Oxford University and a Fellow of Exeter College.
Rebecca Probert is Professor of Law at the University of Warwick.
<p>The contributing authors read like a who's who of English family law scholars. The book...combines imagination and authority in its presentation and analysis. The contextualisation of the legal analysis is a particular strength: while not a fully socio-legal approach, the chapters give as much weight to the policy implications of these decisions as to their legal consistency and demonstrate how they do indeed represent turning points in the relationship between law and families.<br /><br />Family law scholars outside England will find this a valuable source for understanding how England approaches issues that rouble most national family law systems, often because there are no wholly correct answers.<br /><br />...few people interested in the field could fail to profit from reading it. The book is beautifully written, nicely produced and just full of intrinsically fascinating material.</p>
- Robert Dingwall, The Law and Politics Book Review, Volume 22, No.7
<p>Landmark Cases is not overly legalistic, its appeal transcending the world of lawyers, academic and students. The re-telling of the cases includes some enjoyable prose, often peppered with colourful anecdotes that indulge the voyeuristic side of reading cases: the desire to follow the characters beyond the courtroom. Authors employ Panorama anecdotes, snippets from biographies and obituaries, quotes from novels, verse from Keats and Marvell, and even a Giles cartoon, all to entertain the professional and the general reader alike.<br /><br />The book can be read cover-to-cover or chapters can be read in isolation.</p>
- Simon Edward Rowbotham, Child and Family Law Quarterly, Volume 24, No.1
<p>There are 13 cases here, addressed by some very big names indeed...anyone with intellectual curiosity would enjoy them.<br /><br />Were I an editor, contributor or publisher of this brilliant book I would want it spread, or at least read, way beyond such people both 'sideways' to other disciplines and the general public and 'down' to undergraduate students.<br />Chris Barton<br />Family Law<br />November 2011</p>
- Chris Barton, Family Law
…a journey through the 'landmark cases' skilfully selected by the Editors of this Volume provides an effective way of making a study of the law both exciting and pleasurable. But these cases do more than that: they illustrate many of the great changes which have occurred (especially since the end of World War II) in society and in social institutions. The cases discussed also open up many of the fundamental (and often profoundly difficult) moral and social issues which have to be confronted by lawmakers and others who have to resolve them.
From the foreword by Stephen Cretney
1. Introduction: A Journey Through the Landmark Cases of Family Law
Stephen Gilmore, Jonathan Herring and Rebecca Probert
2. The Roos Case (1670)
The Roos Case and Modern Family Law
Rebecca Probert
3. J v C [1970] AC 668
J v C: Placing the Child's Welfare Centre Stage
Nigel Lowe
4. Corbett v Corbett (Otherwise Ashley)[1971] P 83
Corbett v Corbett: Once a Man, Always a Man?
Stephen Gilmore
5. Szechter (Orse Karsov) v Szechter [1971] P 286
'But I Didn't Really Want to Get Married'
David McClean and Mary Hayes
6. Poel v Poel [1970] 1 WLR 1469
Poels Apart: Fixed Principles and Shifting Values in Relocation Law
Rachel Taylo r
7. S v S; W v Official Solicitor [1972] AC 24
Welfare, Truth and Justice: The Children of Extra-marital Liaisons
Andrew Bainham
8. Wachtel v Wachtel [1973] Fam 72
Bringing an End to the Matrimonial Post Mortem: Wachtel vWachtel and its Enduring Significance for Ancillary Relief
Gillian Douglas
9. Marckx v Belgium (1979–80) 2 EHRR 14
The Marckx Case: A 'Whole Code of Family Law'?
Walter Pintens and Jens M Scherpe
10. Burns v Burns [1984] Ch 317
Burns v Burns: The Villain of the Piece?
John Mee
11. Gillick v West Norfolk and Wisbech Area Health Authority and Department of Health and Social Security [1986] AC 112
The Gillick Decision – Not Just a High-water Mark
Jane Fortin
12. R v R [1992] 1 AC 599
No More Having and Holding: The Abolition of the Marital Rape Exemption
Jonathan Herring
13. Fitzpatrick v Sterling Housing Association [2001] 1 AC 27
Fitzpatrick v Sterling Housing Association: A Perfectly Pitched Stall
Lisa Glennon
14. White v White [2000] 1 AC 596
A Late Instalment in a Long Story
Elizabeth Cooke
Original analysis by eminent scholars that examine the most important legal cases to date.
The Landmark Cases series is an occasional series of volumes which seek to highlight the historical antecedents of what are widely considered to be the leading cases in the common law. These edited volumes feature original archival research by eminent scholars in the field, and are intended to provide a context, or contexts, in which to better understand how and why certain cases came to be regarded as the 'Landmark' cases in any given field.
Praise for the series
“An interesting read and a valuable addition to the reference literature for [those] who wish to view from a fresh angle the classic textbook cases that they thought they knew very well.”
Review of Landmark Cases in Criminal Law in New Journal of European Criminal Law
“Beautifully written, nicely produced and just full of intrinsically fascinating material.”
Review of Landmark Cases in Family Law in The Law and Politics Book Review
“An intriguing pleasure to read.”
Review of Landmark Cases in the Law of Contract in Journal of Legal History
“A fine example of the kind of historical investigation that should be the foundation of all common law scholarship.”
Review of Landmark Cases in the Law of Restitution in King's Law Journal
Produktdetaljer
Biografisk notat
Stephen Gilmore is Professor of Family Law at King's College London.
Jonathan Herring is a Professor of Law at Oxford University and a Fellow of Exeter College.
Rebecca Probert is Professor of Law at the University of Warwick.