Journal Article Celebrating Marriage: A New Weddings Law Get access Celebrating Marriage: A New Weddings Law, London: Law Commission for England and Wales, Report no. 408, 2022, pp, Online Report Russell Sandberg Russell Sandberg Cardiff University, Wales, UK SandbergR@cardiff.ac.uk Search for other works by this author on: Oxford Academic Google Scholar International Journal of Law, Policy and the Family, Volume 37, Issue 1, 2023, ebad031, https://doi.org/10.1093/lawfam/ebad031 Published: 02 November 2023
{"title":"Celebrating Marriage: A New Weddings Law","authors":"Russell Sandberg","doi":"10.1093/lawfam/ebad031","DOIUrl":"https://doi.org/10.1093/lawfam/ebad031","url":null,"abstract":"Journal Article Celebrating Marriage: A New Weddings Law Get access Celebrating Marriage: A New Weddings Law, London: Law Commission for England and Wales, Report no. 408, 2022, pp, Online Report Russell Sandberg Russell Sandberg Cardiff University, Wales, UK SandbergR@cardiff.ac.uk Search for other works by this author on: Oxford Academic Google Scholar International Journal of Law, Policy and the Family, Volume 37, Issue 1, 2023, ebad031, https://doi.org/10.1093/lawfam/ebad031 Published: 02 November 2023","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135506155","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Assisted human reproduction (AHR) challenges traditional understandings of family relationships. Yet, the Irish legislature remains focused on normative constructions of the family and has relied on this understanding as the basis to determine the sort of legal family relationships that it will accommodate in AHR under the Health (Assisted Human Reproduction) Bill 2022. The result is a Bill that adopts a binary view of reproduction that fails to align with broader legal and social developments. The Bill is also exclusionary as it seeks to limit access to AHR treatment to those families that replicate (or have the potential to replicate) the sexual family form. This article examines the normative underpinnings of the 2022 Bill by analysing the gendered language that is used to refer to different aspects of the reproductive process and by critiquing the provisions that restrict access to AHR treatment for certain intending parents. The article challenges the entrenchment of the sexual family in the legal imagination, arguing that there is a need to rethink the approach adopted in the 2022 Bill to ensure that the proposed legislation will accommodate the diverse range of families who will seek to rely on its provisions.
{"title":"The normative underpinnings of Ireland’s proposed regulation of assisted human reproduction","authors":"Lydia Bracken","doi":"10.1093/lawfam/ebac024","DOIUrl":"https://doi.org/10.1093/lawfam/ebac024","url":null,"abstract":"Assisted human reproduction (AHR) challenges traditional understandings of family relationships. Yet, the Irish legislature remains focused on normative constructions of the family and has relied on this understanding as the basis to determine the sort of legal family relationships that it will accommodate in AHR under the Health (Assisted Human Reproduction) Bill 2022. The result is a Bill that adopts a binary view of reproduction that fails to align with broader legal and social developments. The Bill is also exclusionary as it seeks to limit access to AHR treatment to those families that replicate (or have the potential to replicate) the sexual family form. This article examines the normative underpinnings of the 2022 Bill by analysing the gendered language that is used to refer to different aspects of the reproductive process and by critiquing the provisions that restrict access to AHR treatment for certain intending parents. The article challenges the entrenchment of the sexual family in the legal imagination, arguing that there is a need to rethink the approach adopted in the 2022 Bill to ensure that the proposed legislation will accommodate the diverse range of families who will seek to rely on its provisions.","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":"30 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2022-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138528774","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The form of gender-based violence (GBV) analysed in this article relates to ‘harmful traditional practices’ (HTPs) detrimental to the health and well-being of girls. In response to calls to action from the international community, many states are enacting laws and regulations against HTPs. Scholars argue that criminal justice reform is a vital component of efforts to reduce HTPs. While this article supports establishing mechanisms to address violence against girls, I question whether criminalization is a suitable strategy. HTPs, although classified as GBV, have distinctive features. Their prevalence hinges on ideas surrounding ethnicity and/or religion in addition to the fact that women work directly and indirectly to sustain these violent practices. The developing contemporary understanding of HTPs within and without legal systems, to the degree that it focuses on perpetrators of abuse, ignores the role of women in the production and reproduction of HTPs. Criminalization of HTPs will have a disproportionate effect on mothers. This article seeks to question and understand the dilemma of determining the ‘moral culpability’ or responsibility of mothers who support and participate in violence against girls. Using postmodern feminism, I argue that a genuine commitment to protecting children requires an approach that accounts for the growing significance of culture, not only in defining action but also providing cultural components that play a role in the decisions of mothers.
{"title":"Mothering Practices and Human Rights Abuses of Girls in Marginalized Contexts: Examining the Moral Culpability of Women who Abuse Children","authors":"Julie Ada Tchoukou","doi":"10.1093/lawfam/ebac016","DOIUrl":"https://doi.org/10.1093/lawfam/ebac016","url":null,"abstract":"The form of gender-based violence (GBV) analysed in this article relates to ‘harmful traditional practices’ (HTPs) detrimental to the health and well-being of girls. In response to calls to action from the international community, many states are enacting laws and regulations against HTPs. Scholars argue that criminal justice reform is a vital component of efforts to reduce HTPs. While this article supports establishing mechanisms to address violence against girls, I question whether criminalization is a suitable strategy. HTPs, although classified as GBV, have distinctive features. Their prevalence hinges on ideas surrounding ethnicity and/or religion in addition to the fact that women work directly and indirectly to sustain these violent practices. The developing contemporary understanding of HTPs within and without legal systems, to the degree that it focuses on perpetrators of abuse, ignores the role of women in the production and reproduction of HTPs. Criminalization of HTPs will have a disproportionate effect on mothers. This article seeks to question and understand the dilemma of determining the ‘moral culpability’ or responsibility of mothers who support and participate in violence against girls. Using postmodern feminism, I argue that a genuine commitment to protecting children requires an approach that accounts for the growing significance of culture, not only in defining action but also providing cultural components that play a role in the decisions of mothers.","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42889903","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"OUP accepted manuscript","authors":"","doi":"10.1093/lawfam/ebac009","DOIUrl":"https://doi.org/10.1093/lawfam/ebac009","url":null,"abstract":"","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":"1 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"61428701","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"OUP accepted manuscript","authors":"","doi":"10.1093/lawfam/ebac005","DOIUrl":"https://doi.org/10.1093/lawfam/ebac005","url":null,"abstract":"","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":"1 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"61428263","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"OUP accepted manuscript","authors":"","doi":"10.1093/lawfam/ebac004","DOIUrl":"https://doi.org/10.1093/lawfam/ebac004","url":null,"abstract":"","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":"1 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"61428673","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In China, the establishment of the voluntary guardianship regime in the General Rules of the Civil Law produced an interesting situation where same-sex partners may apply this regime to determine and protect their rights and obligations. This article describes and analyses the recent practices in this regard, drawing on several cases where same-sex partners concluded voluntary guardianship agreements to arrange matters after a ward loses or partially loses civil capacity. This application allows homosexuals freely to appoint their homosexual partner as their guardian, which compensates to some extent for the lack of clear statutory provisions regarding the legal recognition of same-sex relationships in current Chinese law. Nevertheless, there exist several practical problems within the process of applying the legal rules of voluntary guardianship. In addition, owing to the distinct mismatch between the legislative purpose of the voluntary guardianship system and the core essentials of same-sex relationships, the application of voluntary guardianship to same-sex relationships fails to touch on the crucial legal issues of same-sex relationships, for example, financial relations issues and children issues. In view of these, several proposals about both what needs to be done to make voluntary guardianship work better for same-sex couples at this stage and further legislative reform of the formalized regime for same-sex couples in the future are offered.
{"title":"The application of the voluntary guardianship regime to same-sex relationships in China","authors":"Jianghao Xia","doi":"10.1093/lawfam/ebac033","DOIUrl":"https://doi.org/10.1093/lawfam/ebac033","url":null,"abstract":"\u0000 In China, the establishment of the voluntary guardianship regime in the General Rules of the Civil Law produced an interesting situation where same-sex partners may apply this regime to determine and protect their rights and obligations. This article describes and analyses the recent practices in this regard, drawing on several cases where same-sex partners concluded voluntary guardianship agreements to arrange matters after a ward loses or partially loses civil capacity. This application allows homosexuals freely to appoint their homosexual partner as their guardian, which compensates to some extent for the lack of clear statutory provisions regarding the legal recognition of same-sex relationships in current Chinese law. Nevertheless, there exist several practical problems within the process of applying the legal rules of voluntary guardianship. In addition, owing to the distinct mismatch between the legislative purpose of the voluntary guardianship system and the core essentials of same-sex relationships, the application of voluntary guardianship to same-sex relationships fails to touch on the crucial legal issues of same-sex relationships, for example, financial relations issues and children issues. In view of these, several proposals about both what needs to be done to make voluntary guardianship work better for same-sex couples at this stage and further legislative reform of the formalized regime for same-sex couples in the future are offered.","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43401732","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"OUP accepted manuscript","authors":"","doi":"10.1093/lawfam/ebac010","DOIUrl":"https://doi.org/10.1093/lawfam/ebac010","url":null,"abstract":"","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":"1 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"61428300","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"OUP accepted manuscript","authors":"","doi":"10.1093/lawfam/ebac006","DOIUrl":"https://doi.org/10.1093/lawfam/ebac006","url":null,"abstract":"","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":"1 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"61428390","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"OUP accepted manuscript","authors":"","doi":"10.1093/lawfam/ebac008","DOIUrl":"https://doi.org/10.1093/lawfam/ebac008","url":null,"abstract":"","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":"1 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"61428584","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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