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British Conservatism and the Legal Regulation of Intimate Relationships

British Conservatism and the Legal Regulation of Intimate Relationships

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509915880
  • 出版时间 August 2018
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781509943753
¥998.75
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  • 描述 
  • 大纲 
  • 详细

    What does conservatism, as a body of political thought, say about the legal regulation of intimate relationships, and to what extent has this thought influenced the Conservative Party’s approach to family law? With this question as its focus, this book explores the relationship between family law, conservatism and the Conservative Party over the last generation.

    Taking a politico- and socio-legal perspective, the discussion draws on an expansive reading of Hansard as well as recently released archival material. The study first sets out the political tradition of conservatism relying largely on the work of Edmund Burke, before going on to analyse the discourse around the development of four crucial statutes in the field, namely: the Matrimonial and Family Proceedings Act 1984; the Family Law Act 1996; the Civil Partnership Act 2004 and the Marriage (Same Sex Couples) Act 2013.

    This work offers the first extended synthesis of family law, conservative political thought and Conservative Party politics, and as such provides significant new insight into how family law is made.

  • 1. Introduction
    Justifications
    Boundaries and Questions
    Theoretical Framework
    Chapter Outline
    A Final Note

    2. Conservatism and Family Law
    Introduction
    What is Conservatism?
    The Knowledge Principle
    The Change Principle
    Conservatism and the Family
    To What Extent Should the Law Support Marriage and Facilitate Divorce?
    The Clean Break on Divorce
    Should the State Legally Recognise Same-Sex Relationships?
    The Objection to Same-Sex Marriage from Natural Law Theory
    The Conservative/Libertarian View
    The Conservative Assimilationist Argument
    Going Further: A Classical Conservative Argument
    Concluding Remarks

    3. Marriage and Divorce in Transition: The Matrimonial and Family Proceedings Act 1984
    Introduction
    The Political Context: The New Right
    Thatcherism
    The New Right, Thatcherism and the Conservative Tradition
    The Conservative Party and Family Policy Prior to the MFPA 1984
    The Family Policy Groups
    Lessons from a Letter to a Child
    The Matrimonial and Family Proceedings Act 1984
    Genesis of the Act
    The Divorce Time Bar: Previous Law and Criticisms
    The Divorce Time Bar: Law Commission Proposals
    The Financial Consequences of Divorce: Previous Law and Criticisms
    The Financial Consequences of Divorce: Law Commission Proposals
    Analysis of the Bill in Parliament
    The Conservative Preoccupation with the Expressive, or Symbolic, Function of Law
    Conservatives Mostly Disregarded the Impact of the Clean Break
    Conservative Distrust of Experts and Evidence
    Conclusion

    4. Major Change?: Family Law and Policy in the Decade Following the Matrimonial and Family Proceedings Act 1984
    Introduction
    The Major Premiership: Thatcherism After Thatcher?
    Family Law and Policy Prior to the Family Law Act 1996
    Surrogacy Arrangements Act 1985
    Children Act 1989
    Human Fertilisation and Embryology Act 1990
    The Gillick Case
    Major Change?: Some Concluding Thoughts

    5. Divorcing Rhetoric from Reality: The Family Law Act 1996
    Introduction
    The Genesis of the Family Law Act 1996
    The Law Commission Reports
    The Government's Responses
    Main Provisions of the Bill
    Analysis of the Bill in Parliament
    Pessimistic versus Realistic Assessments of the Human Condition
    Legislators' Views of Experts: A Tension between Trust and Distrust
    Message-Sending and the Agency of Law Generally (Again)
    Reece and a Post-Liberal Interpretation of the FLA 1996
    Concluding Thoughts

    6. 'Commitment Rewarded': The Civil Partnership Act 2004
    Introduction
    The Conservative Party and Homosexual Law Reform
    The Civil Partnership Act 2004: Marriage-Like, Not Marriage-Lite
    The Genesis of the Act
    The Bill in Parliament
    Official Conservative Position: Conservative, Liberal and Libertarian Strands
    The Conservative Dissent
    Sex in the Shadows
    Class
    Concluding Remarks

    7. An Unnatural Union?: British Conservatism and the Marriage (Same Sex Couples) Act 2013
    Introduction
    From Civil Partnership to Same-Sex Marriage: A Short History
    The Background to the Bill
    The Main Features of the Marriage (Same Sex Couples) Bill
    Analysis of the Debates
    An Overview
    The Diminishing of Difference and the Assimilation of the Gay 'Other'
    Sex in the Shadows (Again)
    The Centrality of Religion in the Debates
    Conservatives and Conservatism in the Commons Second Reading
    Conservative MPs in Favour of the Bill
    Conservative MPs Against the Bill
    Concluding Remarks
    8. Conclusion

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