Family Law and Society

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					Family Law and Society
New Titles 2008
	

    series   The FamiLy, Law & SocieTy
             Series Editor: michael D. Freeman, University College London, UK
             The Family, Law & Society series	brings	together,	in	a	five	volume	collection,	the	most	significant	articles	and	papers	in	key	aspects	of	family	law	from	an	international	
             perspective.	Over	the	past	two	decades	virtually	all	areas	of	family	law	have	undergone	major	doctrinal	and	theoretical	changes—from	the	definition	of	marriage		
             and	the	financial	and	parenting	consequences	of	divorce,	to	the	legal	construction	of	parenthood.	An	equally	important	set	of	changes	has	transformed	the	resolution	
             of	family	disputes.	Inter-disciplinary	in	its	approach,	this	series	not	only	draws	together	key	law	texts,	but	also	scholarly	articles	from	the	fields	of	sociology,	social	
             administration,	politics	and	psychology.	Taken	together,	these	five	volumes	provide	an	invaluable	resource	for	students	and	scholars	around	the	world	interested		
             in	all	aspects	of	family	law.



    new                                                                                              new
    Domestic Violence                                                                                marriage and cohabitation
    Edited by michael Freeman, University College London, UK                                         Regulating Intimacy, Affection and Care
    The Family, Law & Society                                                                        Edited by alison Diduck, University College London, UK
    Domestic	violence	is	one	of	the	cancers	of	our	age.	This	volume	offers	a	challenging	            The Family, Law & Society
    selection	of	materials	as	a	picture	of	a	multi-faceted	problem.	The	issues	embraced	             The	law	has	long	been	interested	in	marriage	and	conjugal	cohabitation	and		
    range	from	criminal	and	civil	law	responses	and	the	value	of	mediation,	to	the	impact	           in	the	range	of	public	and	private	obligations	that	accrue	from	intimate	living.		
    on	children,	and	to	the	cultural	context.	The	materials	are	derived	from	a	variety		             This	collection	of	classic	articles	explores	that	legal	interest,	while	at	the	same		
    of	sources	and	from	different	disciplines	to	offer	the	reader	an	understanding		                 time	locating	marriage	and	cohabitation	within	a	range	of	intimate	affiliations.		
    of	the	problem	not	easily	culled	from	standard	library	resources.                                It	offers	the	perspectives	of	a	number	of	international	scholars	on	questions	of	how,		
    Contents:		                                                                                      if	at	all,	our	different	ways	of	intimacy	ought	to	be	recognized	and	regulated	by	law.		
    Introduction.	                                                                                   Contents:		
    Part I: DefInItIon:                                                                              Introduction.	
    Definitional	issues	in	violence	against	women.	Surveillance	and	research		                       Part I: changIng IntImacIes—the theory:
    	      from	a	violence	research	perspective,	Malcolm Gordon;		                                   On	the	way	to	a	post-familial	family:	from	a	community	of	need	to	elective	affinities,		
    Women’s	violence	to	men	in	intimate	relations.	Working	on	a	puzzle,		                            	       Elisabeth Beck-Gernsheim;		
    	      Russell P. Dobash and R. Emerson Dobash.                                                  Intimacy	transformed?	A	critical	look	at	the	‘pure	relationship,’	Lynn Jamieson.
    Part II: research anD VIolence agaInst Women:		                                                  Part II: changIng IntImacIes—emPIrIcal research:		
    New	survey	methodologies	in	researching	violence	against	women,		                                Why	marry?—perceptions	of	the	affianced,	Mary Hibbs, Chris Barton
    	      Sylvia Walby and Andrew Myhill;                                                                    and Joanne Beswick;		
    Violence	against	women	research	post	VAWA:	where	have	we	been,	where		                           Why	don’t	they	marry?	Cohabitation,	commitment	and	DIY	marriage,		
    	      are	we	going?, Angela M. Moore Parmley;		                                                 	        Simon Duncan, Anne Barlow and Grace James;
    Theorizing	about	violence:	observations	from	the	economic	and	social	research		          	       Cohabitation	and	commitment:	partnership	plans	of	young	men	and	women,		
    	      council’s	violence	research	program	Elizabeth A. Stanko.	                                 	        Lynn Jamieson, Michael Anderson, David McCrone, Frank Bechofer,
    Part III: the JustIce resPonse:		                                                                         Robert Stewart and Yaojun Li;
    Intimate	partner	violence	and	the	justice	system, Carol E. Jordan;		                             Marriage	and	the	moral	bases	of	personal	relationships,	John Eekelaar
    Law	as	a	Trojan	horse:	unintended	consequences	of	rights-based	interventions		                            and Mavis Maclean;		
    	      to	support	battered	women,	Renée Römkens;		                                               The	significance	of	marriage:	contrasts	between	white	British	and	ethnic	minority		 	
    Protection,	prevention,	rehabilitation	or	justice?	Women’s	use	of	the	law	to	challenge		         	        groups	in	England,	Mavis Maclean and John Eekelaar;		
    	      domestic	violence,	R. Lewis, R.P. Dobash, R.E. Dobash and K. Cavanagh;		                  Regulation	of	intimacy	and	love	semantics	in	couples	living	apart	together,		
    Justice	from	the	victim’s	perspective,	Judith Lewis Herman.	                                     	        Bernadette Bawin-Legros and Anne Gauthier;		
                                                                                                     Cultures	of	intimacy	and	care	beyond	‘the	family’:	personal	life	and	social	change		
    Part IV: the crImInal laW:
                                                                                                     	        in	the	early	21st	century,	Sasha Roseneil and Shelley Budgeon.
    Magistrates’	attitudes	to	domestic	violence	and	sentencing	options,		
    	      Elizabeth Gilchrist and Jacqueline Blisset;		                                             Part III: Why legal regulatIon at all?:		
    Evaluating	criminal	justice	interventions	for	domestic	violence,		                               The	Marriage	Act	1753:	a	case	study	in	family	law-making,	Stephen Parker;		
    	      R. Emerson Dobash and Russell P. Dobash;		                                                Debates	and	issues	regarding	marriage	and	cohabitation	in	the	British		
    Police	response	to	domestic	violence:	from	victim	choice	to	victim	empowerment?,                 	        and	American	literature, Jane Lewis;		
           Carolyn Hoyle	and	Andrew Sanders.	                                                        Homosexual	rights,	Brenda Hale.
    Part V: a human rIghts QuestIon:		                                                               Part IV: laW anD marrIage:		
    Domestic	violence	as	a	human	rights	issue,	Dorothy Q. Thomas                                     The	case	against	legal	recognition	of	cohabitation,	Ruth L. Deech;		
          and Michele E. Beasley;		                                                                  Marriage	and	the	good	of	obligation,	Scott Fitzgibbon;		
    Righting	domestic	violence, Shazia Choudhry and Jonathan Herring.	                               Just	marriage:	on	the	public	importance	of	private	unions,	Mary Lyndon Shanley;
                                                                                                     Contract	marriage—the	way	forward	or	dead	end?,	David McLellan;		
    Part VI: coPIng, stayIng, leaVIng:
                                                                                                     The	tide	in	favour	of	equality:	same-sex	marriage	in	Canada	and	England		
    Violence	against	women:	conditions,	consequences	and	coping,	Rebecca Löbmann,
                                                                                                     	       and	Wales,	Wade K. Wright;
          Werner Greve, Peter Wetzels and Christiane Bosold;		
                                                                                                     Why	marriage?,	Martha A. Fineman;
    When	ending	the	relationship	doesn’t	end	the	violence:	women’s		
                                                                                                     Marriage	is	for	heterosexuals—may	the	rest	of	us	be	saved	from	it,		
    	     experiences	of	violence	by	former	partners,	Ruth E. Fleury, Cris M. Sullivan
                                                                                                     	       Kenneth McK. Norrie;		
          and Deborah I. Bybee.
                                                                                                     We	will	get	what	we	ask	for:	why	legalizing	gay	and	lesbian	marriage	will	not		       	
    Part VII: meDIatIon anD other forms of alternatIVe DIsPute resolutIon:		                         	       ‘dismantle	the	legal	structure	of	gender	in	every	marriage,’	Nancy D. Polikoff;		
    Domestic	violence	and	mediation:	responding	to	the	challenges	of	crafting	effective		            Law,	women	and	the	family:	the	question	of	polygyny	in	a	new	South	Africa,		
    	     screens, Jane C. Murphy and Robert Rubinson;                                               	       Felicity Kaganas and Christina Murray.	
    Violence	and	family	mediation:	policy,	Hilary Astor;		
                                                                                                     Part V: laW anD cIVIl regIstratIon:
    Re-visioning	men’s	violence	against	female	partners,	Allison Morris
                                                                                                     The	PACS	and	marriage	and	cohabitation	in	France,	Claude Martin and Irène Théry;
          and Loraine Gelsthorpe.	
                                                                                                     Couplings:	civil	partnership	in	the	United	Kingdom,	Carl F. Stychin.
    Part VIII: anD chIlDren:		
                                                                                                     Part VI: laW anD conJugal cohabItatIon:		
    The	unmet	needs	of	domestic	violence	victims	and	their	children	in	Hague	Child		 	
                                                                                                     Regulation	of	cohabitation,	changing	family	policies	and	social	attitudes:		
    	     Abduction	Convention	cases,	Carol S. Bruch;
                                                                                                     	       a	discussion	of	Britain	within	Europe,	Anne Barlow;		
    Children	who	witness	domestic	violence—implications	for	child	protection,
                                                                                                     Legal	treatment	of	cohabitation	in	the	United	States,	Cynthia Grant Bowman.
          Patrick Parkinson and Catherine Humphreys.
                                                                                                     Part VII: laW anD non-conJugal relatIonshIPs:		
    Part IX: ethnIc mInorIty VIctIms:		
                                                                                                     Why	we	should	care	about	friends:	an	argument	for	queering	the	care	imaginary		
    Domestic	violence	and	minoritisation:	legal	and	policy	barriers	facing	minoritized		 	
                                                                                                     	       in	social	policy, Sasha Roseneil;		
    	      women	leaving	violent	relationships,	Erica Burman and Khatidja Chantler;	
                                                                                                     Displacing	the	‘conjugal’	family	in	legal	policy—a	progressive	move?,	Lisa Glennon;
    Name	Index.
                                                                                                     Name	Index.
    Includes 22 previously published journal articles
    September 2008        638 pages                                                                  Includes 27 previously published journal articles
    Hardback              978-0-7546-2644-2       $275.00                                            September 2008        622 pages
                                                                                                     Hardback              978-0-7546-2680-0       $275.00
new
The multi-cultural Family                                                                   new
Edited by ann Laquer estin, University of Iowa                                              Resolving Family conflicts
The Family, Law & Society                                                                   Edited by Jana Singer, University of Maryland
                                                                                            and Jane murphy, University of Baltimore
With	the	accelerating	movement	of	individuals	and	families	across	national	borders,	
the	intersections	of	cultural	and	legal	frameworks	have	become	increasingly	complex.	       The Family, Law & Society
This	volume	collects	essays	from	around	the	world	on	the	challenges	of	legal	pluralism,	    Over	the	past	two	decades,	the	resolution	of	family	disputes	has	undergone		
minority	religious	communities	and	customary	or	indigenous	law,	with	attention	paid		       major	change.	This	“paradigm	shift”	has	reshaped	the	practice	of	family	law	
to	marriage	and	divorce,	as	well	as	child	custody	and	adoption,	family	violence		           and	has	fundamentally	altered	the	way	in	which	disputing	families	interact	with		
and	dispute	resolution.                                                                     the	legal	system.	This	volume	examines	the	contours	of	the	changes	in	family	conflict	
Contents:		                                                                                 resolution	and	explores	their	implications	for	family	law	scholarship	and	practice.	
Introduction.	                                                                              Contents:		
Part I: marrIage anD DIVorce:                                                               Introduction.	
Religious	minority	groups	and	the	secular	state:	Toward	a	multicultural	family	law,         Part I: theoretIcal founDatIons:		
        Ann Laquer Estin;		                                                                 In	the	best	interests	of	children:	a	proposal	to	transform	the	adversarial	system,		      	
Taking	multiculturalism	seriously:	marriage	law	and	the	rights	of	minorities,		             	      Gregory Firestone and Janet Weinstein;		
	       Patrick Parkinson;                                                                  An	interdisciplinary	approach	to	family	law	jurisprudence:	application		
Muslim	maghrebian	marriage	in	France:	a	problem	for	legal	pluralism,		                      	      of	an	ecological	and	therapeutic	perspective,	Barbara A. Babb;
	       Edwige Rude-Antoine;		                                                              Rights	myopia	in	child	welfare,	Clare Huntington.
Migrant	women	caught	between	Islamic	family	law	and	women’s	rights.		
                                                                                            Part II: court Processes anD structure:	
	       The	search	for	the	appropriate	‘connecting	factor’	in	international		
	                   M
        family	law,		 arie-Claire Foblets;	                                                     a: hIstorIcal oVerVIeW:		
Rationality	and	cultural	pluralism	in	the	non-recognition	of	foreign	marriages,		           	   The	evolving	judicial	role	in	child	custody	disputes:	from	fault	finder	to	conflict		 	
	       John Murphy;		                                                                      	   	        manager	to	differential	case	management, Andrew Schepard.
Citizenship	on	trial:	Nadia’s	case,	Unni Wikan;		                                             b: Problem-solVIng courts:
Blaming	culture	for	bad	behavior,	Leti Volpp;		                                               Problem-solving	courts:	a	brief	primer,	Greg Berman and John Feinblatt;		
The	reconstruction	of	the	Constitution	and	the	case	for	Muslim	personal		                   	 Fixing	families:	the	story	of	the	Manhattan	family	treatment	court,	Robert Wolf.	
	       law	in	Canada,	Syed Mumtaz Ali and Enab Whitehouse;		
                                                                                              c: unIfIeD famIly courts:
Muslim	women	and	‘Islamic	divorce’	in	England,	Lucy Carroll;
                                                                                              The	failure	of	fragmentation:	the	promise	of	a	system	of	unified	family	courts,
Jewish	marriage	and	civil	law:	a	2-way	street?,	David Novak.	
                                                                                                        Catherine J. Ross;		
legal PluralIsm anD Women’s rIghts:                                                         	 Unified	family	courts:	tempering	enthusiasm	with	caution,	Anne H. Geraghty
Balancing	minority	rights	and	gender	justice:	the	impact	of	protecting	multiculturalism		               and Wallace J. Mlyniec.	
	       on	women’s	rights	in	India,	Pratibha Jain;		
                                                                                                D: famIly meDIatIon:
A	critical	analysis	of	customary	marriages,	bohali	and	the	South	African	Constitution,		
	       R. Songca;                                                                               1: DIVorce anD chIlD access meDIatIon:		
Women,	religion	and	multiculturalism	in	Israel,	Ruth Halperin-Kaddari;                      	    Divorce	mediation:	research	and	reflections,	Robert E. Emery, David Sbarra
A	cross	cultural	perspective	on	reproductive	rights,	Carla Makhlouf Obermeyer;                            and Tara Grover;		
An	Islamic	perspective	on	domestic	violence,	Azizah Y. al-Hibri.	                           	    Bring	in	the	lawyers:	challenging	the	dominant	approaches	to	ensuring	fairness		
                                                                                            	    	        in	divorce	mediation,	Craig McEwen, Nancy Rogers and Richard Maiman;		
InDIgenous anD customary laW:		
                                                                                            	    Yes,	no,	and	maybe:	informed	decision	making	about	divorce	mediation		
Indigenous	peoples	and	family	law:	issues	in	Aotearoa/New	Zealand,	Jacinta Ruru;
                                                                                            	    	        in	the	presence	of	domestic	violence,	Nancy Ver Steegh.	
Evolving	indigenous	law:	Navajo	marriage—cultural	traditions	and	modern	challenges,		
	      Antoinette S. Lopez;		                                                                    2: chIlD Welfare meDIatIon anD famIly grouP conferencIng:		
Valid-where-consummated:	the	intersection	of	customary	law	marriages	and	formal			          	    Rights	myopia	in	child	welfare:	a	problem-solving	model:	the	example	of	family		
	      adjudication, Lona N. Laymon.                                                        	    	       group	conferencing,	Clare Huntington;		
                                                                                            	    Why	won’t	Mom	cooperate?	A	critique	of	informality	in	child	welfare	proceedings,		
Part II: chIlDren:
                                                                                            	    	       Amy Sinden.	
Children	between	cultures,	John Eekelaar;
Complicating	culture	in	child	placement	decisions,	Annie Bunting;                               e: managIng hIgh conflIct cases:
Understanding	sending	country’s	traditions	and	policies	in	international	adoptions:		 	         Parenting	coordination	for	high	conflict	families,	Christine Coates, Robin Deutsch,
	        avoiding	legal	and	cultural	pitfalls, Jini L. Roby;                                             Hugh Starnes, Matthew Sullivan and BeaLisa Sydlik;
Placing	the	‘gift	child’	in	transnational	adoption,	Barbara Yngvesson.	                         Building	multidisciplinary	professional	partnerships	with	the	court	on	behalf		
                                                                                            	   	        of	high-conflict	divorcing	families	and	their	children:	who	needs	what		
Part III: multIcultural DIsPute resolutIon:		
                                                                                            	   	        kind	of	help?,	Janet R. Johnson.	
Cross-cultural	dispute	resolution:	the	consequences	of	conflicting	interpretations		
	        of	norms,	Alison Dundes Renteln;                                                       f: Pro se lItIgants:		
Constructing	an	Islamic	institute	of	civil	justice	that	encourages	women’s	rights,		        	   And	justice	for	all—including	the	unrepresented	poor:	revisiting	the	role	of	judges,		
	        Marie Egan Provins;                                                                	   	        mediators	and	clerks,	Russell Engler;		
Building	a	bridge:	lessons	learned	from	family	mediation	training	for	the	Hmong		 	         	   A	family	law	residency	program?:	a	modest	proposal	in	response	to	the	burdens			
	        community	of	Minnesota,	James R. Cohen;                                            	   	        created	by	self-represented	litigants	in	family	court,	Steven Berenson.
Name Index.                                                                                 Part III: the role of laWyers anD other ProfessIonals:
Includes 25 previously published journal articles                                               a: laWyers:		
September 2008        604 pages                                                             	   Emerging	roles	of	the	family	lawyer:	a	challenge	for	the	courts,	Forrest S. Mosten;	
Hardback              978-0-7546-2648-0       $275.00                                       	   Collaborative	family	law,	Pauline Tesler;
                                                                                                Family	law	in	the	21st	century:	note:	ethical	issues	in	collaborative	lawyering,		 	
                                                                                            	   	        Barbara Glesner Fines.	
                                                                                                b: What role for the chIlD’s VoIce?:		
                                                                                            	   What’s	wrong	with	children’s	rights,	Martin Guggenheim;
                                                                                                Children’s	participation	in	the	family	justice	system—translating	principles		
                                                                                            	   	       into	practice,	Nigel Lowe and Mervyn Murch;		
                                                                                            	   Representing	children:	the	ongoing	search	for	clear	and	workable	standards,		         	
                                                                                            	   	       Barbara Ann Attwood.	
                                                                                                c: mental health ProfessIonals anD InterDIscIPlInary collaboratIon:
                                                                                                Making	a	place	at	the	table:	reconceptualizing	the	role	of	the	custody	evaluator		
                                  Standing Orders:                                          	   	 	     in	child	custody	disputes,	Mary Kay Kisthardt and Barbara Glesner Fines;
                                                                                                Commentary	on	Tippin’s	and	Wittmann’s	‘Empirical	and	Ethical	Problems		
                        To	place	a	standing	order		                                         	   	 	     with	Custody	Recommendations:	A	Call	for	Clinical	Humility		
                         for	a	series,	please	visit                                         	   	 	     and	Judicial	Vigilance,’	Joan B. Kelly and Janet R. Johnston.	
                      www.ashgate.com/standingorder	                                        Part IV: PreVentIVe anD suPPortIVe strategIes:
                                                                                            Between	private	ordering	and	public	fiat:	a	new	paradigm	for	family	law		
                                  or	contact:	
                                                                                            	            decision-making,	Howard Fink and June Carbone;		
                      Sales	Manager:	Suzanne	Sprague		                                      Parental	conflict	prevention	programs	and	the	unified	family	court:	a	public		
                          at	ssprague@ashgate.com                                           	            health	perspective,	Andrew Schepard;
                                                                                            Keeping	in	contact:	the	role	of	family	relationship	centres	in	Australia,	Patrick Parkinson;	
                                                                                            Name	Index.
                                                                                            Includes 28 previously published journal articles
                                                                                            October 2008          594 pages
                                                                                            Hardback              978-0-7546-2659-6       $275.00
new
Parents and children                                                                                               ashgate online
Edited by andrew Bainham, University of Cambridge, UK                                              Visit	the new	Ashgate	Online	today!	www.ashgate.com
The Family, Law & Society
This	volume	brings	together	some	of	the	best	journal	articles	from	the	last	twenty	          Ashgate	is	pleased	to	announce	the	redesigned	launch	of	www.ashgate.com
years	dealing	with	various	aspects	of	the	relationship	between	parents	and	children.	
                                                                                             We	have	redesigned	our	site	with	you	in	mind.	The	new	www.ashgate.com	
Adopting	an	interdisciplinary	and	comparative	approach,	the	book	reproduces	articles	
from	a	range	of	journals	in	law	and	the	social	sciences.	The	book	is	divided	into	            is	the	ultimate	source	for	information	on	Ashgate	and	our	publications,	
eight	parts	dealing,	respectively,	with	becoming	a	parent;	the	status	and	obligations	           	as	well	as	providing	a	first-class	ordering	facility	and	a	new	search	engine	
of	parenthood;	issues	of	upbringing;	adolescence;	child	support;	parental	separation,	
divorce	and	children;	child	abuse	and	state	intervention;	social	parenthood		                                            with	expanded	capabilities.	
and	adoption.	The	volume	includes	a	substantial	introduction	by	the	editor.
Contents:		
Introduction.	                                                                                                 Ashgate	Online	offers	a	wide	range	of	services:
Part I: becomIng a Parent:
The	position	of	the	father	in	European	legislation,	Marie-Thérèse Meulders-Klein;		                        • Fully	searchable	online	catalog	including	new	titles		
The	French	‘tradition’	of	anonymous	birth:	the	lines	of	argument,		
                                                                                                                            and	complete	backlist.
	       Nadine Lefaucheur;	
Families,	assisted	reproduction	and	the	law,	Rebecca Probert;		                              	           •		Full	title	information,	sample	pages	and	availability	status.
Do	parents	influence	the	sexual	orientation	of	their	children?	Findings	from		
	       a	longitudinal	study	of	lesbian	families,	Susan Golombok and Fiona Tasker.	          	         •		Secure	online	ordering	facility	for	ordering	books,	requesting	
Part II: the status anD oblIgatIons of ParenthooD:		                                                    examination	or	review	copies	and	standing	orders	for	series.		
Are	parents	morally	obliged	to	care	for	their	own	children?, John Eekelaar;	
Conceptions	of	parental	autonomy,	Colin M. Macleod;
                                                                                                                   All	online	orders	receive	a	10%	discount!
The	myth	of	parental	rights,	Phillip Montague.	                                              	                        •		New	and	feature	title	highlights.
Part III: Issues of uPbrIngIng:
Whose	life	is	it	anyway?,	Michael Freeman;		                                                 	         •		Subject	specific	book	information	via	our	email	alert	service.
Religion,	culture	and	conviction—the	medical	treatment	of	young	children,		
                                                                                             	           •		Company	contact	information	for	inquiries	and	feedback.
	       Caroline Bridge;		
Punishing	parents	for	the	crimes	of	their	children,	Raymond Arthur;                          	                       •		Information	for	prospective	authors.
Am	I	my	child’s	keeper?	Parental	liability	in	negligence,	Stanley Yeo;
Family	values	in	the	classroom?	Reconciling	parental	wishes	and	children’s	rights		          	           •		Subject	area	catalogs	provided	as	downloadable	PDF	files.
	       in	state	schools,	Laura Lundy.
Part IV: aDolescence:		                                                                      Visit www.ashgate.com today and experience the new ashgate online!
Rearing	adolescents	in	contemporary	society,	Stephen A. Small and Gay Eastman;		
The	parenting	of	adolescents	in	Britain	today,	John C. Coleman;
Rethinking	Gillick,	Michael Freeman.
Part V: chIlD suPPort:
Unwilling	fathers	and	abortion:	terminating	men’s	child	support	obligations,		
	      Sally Sheldon;		
A	theory	of	child	support,	Scott Altman.	
Part VI: Parental seParatIon, DIVorce anD chIlDren:		
Parental	predivorce	relations	and	offspring	postdivorce	well-being,	Alan Booth
       and Paul R. Amato;		
Inter-parental	conflict	and	children’s	adaptation	to	separation	and	divorce:		
	      theory,	research	and	implications	for	family	law,	practice	and	policy,		
	      Gordon T. Harold and Mervyn Murch;		
Child	custody	in	the	age	of	children’s	rights:	the	search	for	a	just	and	workable		      	
	      standard,	Barbara Bennett Woodhouse;
Parent-child	contact	in	Australia:	exploring	five	different	post-separation	patterns		
	      of	parenting,	Bruce Smyth.	
Part VII: chIlD abuse anD state InterVentIon:		
Lessons	from	America?	Learning	from	child	protection	policy	in	the	USA,
       Caroline Keenan;
Children’s	rights	and	the	use	of	physical	force,	Jane Fortin;
What	do	we	know	about	child	neglect?	A	critical	review	of	the	literature		
	      and	its	application	to	social	work	practice, Karen Tanner and Danielle Turney;		
Emotional	signs,	Stephen Wolkind.
Part VIII: socIal ParenthooD anD aDoPtIon:		
Cinderella’s	challenge—adjustment	to	stepfamilies	in	the	1990s,	Galia Bar-Hava
       and Jan Pryor;		                                                                                   To	order	with	an	online	discount,	visit www.ashgate.com,		
Parental	responsibility	and	parenting—the	needs	of	accommodated	children		                           where	you	can	also	find	further	titles	of	interest	and	sample	pages	of	
	      in	long-term	foster-care,	Gillian Schofield;		
The	legal	management	of	(social)	parenthood:	adoption	and	Dutch	family	policy,		 	                  individual	titles.	Ashgate	also	provides	an	email	update	service	which	
	      Carolus van Nijnatten and Willibrord de Graaf;                                             offers	information	about	new	books,	conferences	at	which	our	books	are	
Adoption:	the	nature	of	policy	shifts	in	England	and	Wales,	1972–2002,	Jane Lewis;
                                                                                                   displayed,	special	offers	and	other	items	of	interest.	To	subscribe	to	this	
Name	Index.
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Includes 29 previously published journal articles
August 2008           638 pages
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                                                                                                 www.ashgate.com
The Family, Law and Society
5 Volume Set
Edited by michael Freeman, University College London, UK
The Family, Law & Society


                                                                                                 www.ashgate.com
November 2008        2502 pages
Hardback             978-0-7546-2821-7       $1150.00




                                                                                                 www.ashgate.com
new                                                                new                                                              new
children’s Rights in africa                                        Responsibility, Law and the Family                               Tomorrow’s criminals
A Legal Perspective                                                Edited by Jo Bridgeman, heather Keating                          The Development of Child Delinquency
Edited by Julia Sloth-nielsen, University                          and craig Lind, all at the University of Sussex, UK              and Effective Interventions
of the Western Cape, South Africa                                  “This excellent collection of essays, drawn from a range         Edited by Rolf Loeber, University of Pittsburgh,
“Virtuoso and indispensable resource on children’s                 of disciplines and perspectives, provides a thorough             n. wim Slot, Peter h. van der Laan
legal and human rights from the unique perspective                 and thought-provoking consideration of the relationship          and machteld hoeve
of the African context. This volume breaks new ground,             between the concept of responsibility and family law…”
                                                                                                                                    “…a rich and valuable source book for all those working
firmly rooting the tragic and too familiar calamities of child                     —Gillian	Douglas,	Cardiff	University,	UK
                                                                                                                                    across health, education, justice and social care.”
hunger, displacement, AIDs and violence in the surprisingly        This	collection	examines	ideas	of	responsibility	and	                  —Sue	Bailey,	University	of	Central	Lancashire,	UK
fresh terrain being cultivated to promote a vibrant child-         their	impact	upon	the	family	and	upon	the	way	family	
rights agenda with specifically African solutions.”                                                                                 Tomorrow’s Criminals	argues	convincingly	that		
                                                                   law	is	conceived	and	enforced.	It	explores	the	concept	
    —Bernardine	Dohrn,	Northwestern	University	School	         	                                                                    more	research	and	interventions	should	be	aimed		
                                                                   of	responsibility	by	examining	parental	responsibility	for	
                                             of	Law,	Chicago                                                                        at	child	delinquents	aged	12	and	under.	It	addresses	
                                                                   children	and	expectations	we	have	of	the	responsibilities	
                                                                                                                                    key	problems	in	criminological	research	and	makes	
Providing	an	assessment	of	children’s	rights	in	Africa,	           that	children	have	(or	should	have)	within	families.
                                                                                                                                    studies	from	the	Netherlands	more	accessible	to	a	wider	
this	volume	examines	how	international	and	regional	               Contents:	Preface;	Introduction:	conceptualising		               audience.	It	provides	information	and	analyses	on	risk	
law,	policy	and	practice	are	integrated	into	various	              family	responsibility,	Jo Bridgeman and Heather Keating.         factors	and	reviews	screening	tools	and	risk-focused	
countries.	Notwithstanding	the	particular	challenges	              Part 1: the nature of famIly resPonsIbIlIty:	The	right		         prevention	methods.	The	contributions	increase	visibility	
facing	the	African	continent,	the	authors	argue	that		             to	responsible	parents,	Michael Freeman;	Together	for	           and	accessibility	of	European	policy	and	practice		
there	are	ample	grounds	for	optimism.                              ever?	The	rights	and	responsibilities	of	adult	children	         in	the	explanation	and	prevention	of	child	delinquency.
Contents:	Preface.	Part I:	Children’s	rights	and	the	law	          and	their	parents,	Jonathan Herring;	Being	a	responsible	
                                                                                                                                    Contents: Foreword.	Part I: the Problem:	Child	
in	African	context:	an	introduction, Julia Sloth-Nielsen;          mother:	New	Labour	policy	discourses	versus	lone	
                                                                                                                                    delinquents	and	tomorrow’s	serious	delinquents:		
The	regional	system	of	protection	of	human	rights		                mothers’	contextualised	accounts,	Harriet Churchill;
                                                                                                                                    key	questions	addressed	in	this	volume,	Rolf Loeber,
in	Africa,	Dejo Olowu;	The	African	regional	system	                State	responsibility	and	the	abuse	of	vulnerable	older	
                                                                                                                                    Wim Slot, Peter H. van der Laan and Machteld Hoeve.
for	the	protection	of	children’s	rights, Amanda Lloyd;             people:	is	there	a	case	for	a	public	law	to	protect	
                                                                                                                                    Part II: manIfestatIons:	Child	delinquency	as		
Domestication	of	children’s	rights	in	national	legal	              vulnerable	older	people	from	abuse?,	John Williams.
                                                                                                                                    seen	by	children,	the	police	and	the	justice	system,	
systems	in	African	context:	progress	and	prospects,		              Part 2: constructIons of chIlDren’s resPonsIbIlItIes:
                                                                                                                                    Peter H. van der Laan, Lieke van Domburgh and
Julia Sloth-Nielsen;	African	customary	law	and		                   Responsible	children	and	children’s	responsibilities?	
                                                                                                                                    Machteld Hoeve;	Child	delinquency	as	seen	by	parents,	
children’s	rights:	intersections	and	domains	in		                  Sibling	caretaking	and	babysitting	by	school-age	
                                                                                                                                    teachers	and	psychiatrists,	Machteld Hoeve,
a	new	era,	Chuma Himonga; Combating	child	poverty:	                children,	Virginia Morrow; Being	responsible,	becoming	
                                                                                                                                    Andrea G. Donker, Channa Al, Peter H. van der Laan,
the	role	of	economic,	social	and	cultural	rights,	                 responsible	and	having	responsibility	thrust	upon	
                                                                                                                                    Anna Neumann, Karin Wittebrood and Hans M. Koot;
Danwood M. Chirwa.	Part II:	Child	participation		                  them:	constructing	the	‘responsibility’	of	children	and	
                                                                                                                                    Victimisation	of	children,	Francien Lamers-Winkelman.
in	Africa,	Louise Ehlers and Cheryl Frank;	Restorative	            parents, Heather Keating;	Responsibility,	children	and	
                                                                                                                                    Part III: correlates anD causes:	Individual	factors,
justice	in	child	justice	systems	in	Africa,	Ann Skelton;           childhood,	Adrian James.	Part 3: shIftIng concePtIons
                                                                                                                                    Hans M. Koot, Jaap Oosterlaan, Lucres M. Jansen,
The	impact	of	international	law	on	children’s	rights	              of famIly resPonsIbIlItIes:	Engaging	fathers?	Responsibility,	
                                                                                                                                    Anna Neumann, Marjolein Luman and Pol A.C. van Lier;	
on	juvenile	justice	law	reform	in	the	African	context,	            law	and	the	‘problem	of	fatherhood’,	Richard Collier;	
                                                                                                                                    Family	processes	and	parent	and	child	personality	
Godfrey O. Odongo; The	protection	of	children		                    Responsible	fathers:	paternity,	the	blood	tie	and	family	
                                                                                                                                    characteristics,	Peter Prinzie, Geert Jan Stams
from	all	forms	of	violence—African	experiences,		                  responsibility,	Craig Lind;	Being	responsible:	‘good’	
                                                                                                                                    and Machteld Hoeve;	Peer	relationships	and	the	
Daksha Kassan; The	protection	of	refugee	children	                 parents	and	children’s	autonomy,	Amanda Wade.		
                                                                                                                                    development	of	externalising	problem	behaviour,		
under	the	African	human	rights	system:	finding		                   Part 4: famIly, resPonsIbIlIty anD the laW:	Parental	
                                                                                                                                    Pol A.C. van Lier and Hans M. Koot; Bullying	in	primary	
durable	solutions	in	international	law,	Thoko Kaime;	              responsibility,	responsible	parenting	and	legal	
                                                                                                                                    school, Ton Mooij;	A	cumulative	developmental	model		
Children	at	both	ends	of	the	gun:	child	soldiers	in	               regulation,	Jo Bridgeman;	Family	law	and	family	
                                                                                                                                    of	risk	and	promotive	factors,	Rolf Loeber, Wim Slot
Africa,	Benyam D. Mezmur;	Implementing	the	girl	                   responsibility,	Alison Diduck;	Conclusion:	regulating		
                                                                                                                                    and Magda Stouthamer-Loeber. Part IV: PreVentIon
child’s	right	to	education	in	selected	countries	in	Africa,	       for	responsibility	in	an	age	of	complex	families,		
                                                                                                                                    anD InterVentIon:	Screening	and	assessments,		
Lea Mwambene;	Trafficking	of	children	in	Africa:	                  Craig Lind;	Index.
                                                                                                                                    Lieke van Domburgh, Robert Vermeiren and
an	overview	of	research,	international	obligations	                August 2008         296 pages                                    Theo Doreleijers;	Prevention, Harrie Jonkman,
and	existing	legal	provisions, Jacqui Gallinetti and               Hardback            978-0-7546-7109-1     $114.95
                                                                   eBook               978-0-7546-8840-2     $114.95
                                                                                                                                    Tom van Yperen and Bert Prinsen; Interventions,		
Daksha Kassan;	Intercountry	adoption	from	an	African	                                                                               Tom van Yperen and Leonieke Boendermaker;		
perspective,	Trynie Davel;	HIV/Aids	and	children’s	rights	                                                                          Cost-benefit	and	cost-effectiveness	of	prevention	and	
in	law	and	policy	in	Africa:	confronting	Hydra	head		


                                                                                                                       e
                                                                                                                                    treatment,	Djøra I. Soeteman and Jan J.V. Busschbach.
on, Julia Sloth-Nielsen and Benyam D. Mezmur;                                                                                       Part V: legal anD euroPean conteXts:	Juvenile	justice:	
The	hidden	ones:	children	with	disabilities	in	Africa		               Over 1000 Ashgate books are now                               international	rights	and	standards, Jaap E. Doek;	
and	the	right	to	education,	Helene Combrinck; 	                       available in eBook format                                     Early	interventions	with	at-risk	children	in	Europe,	
Worst	forms	of	child	labour:	a	view	from	out		                                                                                      Rob Allen. Part VI: conclusIons: Conclusions	and	
of	Africa, Jacqui Gallinetti;	Index.                                  Our online catalog includes details
                                                                                                                                    recommendations, Rolf Loeber, Peter H. van der Laan,
October 2008         362 pages                                        of all those titles where an eBook version                    Wim Slot and M. Hoeve; Appendix:	a	Canadian	
Hardback             978-0-7546-4887-1     $124.95                    is available.                                                 programme	for	child	delinquents,	Christopher J. Koegl,
eBook                978-0-7546-8935-5     $124.95
                                                                      For a complete list of our current eBooks,                    Leena K. Augimeri, Paola Ferrante, Margaret Walsh
                                                                      visit www.ashgate.com/ebookslist.pdf                          and Nicola Slater, Bibliography;	Index.
                                                                                                                                    Includes 18 b&w Illustrations and 22 tables
                                                                                                                                    December 2008         390 pages
                                                                                                                                    Hardback              978-0-7546-7151-0       $114.95
                                                                                                                                    eBook                 978-0-7546-8927-0       $114.95
   new                                                                  new                                                      Domestic Violence
   hindu Divorce                                                        mediation in Family Disputes                             The Five Big Questions




                                                                                                                            
   A Legal Anthropology                                                 Principles of Practice                                   Edited by mangai natarajan, John Jay College
                                                                                                                                 of Criminal Justice, The City University of New York
   Livia holden, Griffith University, Australia                         marian Roberts
                                                                                                                                 International Library of Criminology, Criminal Justice
   “Livia Holden has succeeded in marrying anthropology                 Third Edition
                                                                                                                                 and Penology—Second Series
   and legal studies with a rare sensitivity…”                          “Anyone who takes the profession seriously
               —Richard	W.	Lariviere,	University	of	Kansas                                                                       “…the various studies do provide insight into the issues
                                                                        should buy it.”
                                                                                                                                 around trying to understand and respond to intimate
   This	comparative	study	investigates	the	place		                                                              —Family	Law
                                                                                                                                 violence within close relationships across different
   of	Hindu	divorce	in	the	Indian	legal	system	and	                     This	is	the	authoritative	textbook	on	family		           ethnic groups.”
   considers	whether	it	offers	a	way	out	of	a	matrimonial	              mediation	for	practitioners	and	scholars	in	social	                                   —Professional	Social	Work
   crisis	situation	for	women.	Using	the	narratives	of	the	             work	and	law.	Drawing	on	a	wide	cross-disciplinary	
   social	actors	involved,	it	poses	questions	about	the	                                                                         Domestic	violence	is	not	just	a	public	health	and	
                                                                        theoretical	literature	and	on	the	author’s	extensive	
   relationship	between	traditional	jurisdictions	located		                                                                      criminal	justice	problem,	it	is	also	an	issue	of	universal	
                                                                        and	continuing	practice	experience,	it	encompasses	
   in	rural	areas	and	the	larger	legal	culture	of	towns		                                                                        human	rights	that	needs	immediate	and	vigorous	
                                                                        developments	in	policy,	research	and	practice	in	
   and	cities	in	India,	and	also	in	the	UK	and	USA.                                                                              attention.	This	book	features	the	seminal	articles	
                                                                        the	UK	and	beyond.	The	third	edition	has	been	fully	
                                                                                                                                 published	on	this	topic,	combined	with	a	detailed		
   Contents:	Preface;	Conceptualizing	Hindu	divorce;	                   updated	to	incorporate	legal	and	policy	developments,	
                                                                                                                                 and	informative	introduction	by	the	volume	editor		
   Insights;	Divorce	stories;	Custom	and	law;	Gender		                  innovations	in	research	and	practice	and	new	
                                                                                                                                 that	puts	the	articles	selected	into	context.	
   bias	in	legal	debates;	Conclusion;	Appendices;	                      sociological	and	philosophical	perspectives.
                                                                                                                                 2007                 600 pages
   Bibliography;	Index.                                                 Contents:	Preface	to	the	third	edition;	Prologue;	       Hardback             978-0-7546-2588-9         $275.00
   November 2008         280 pages                                      What	is	family	mediation?;	The	emergence	of	family	
   Hardback              978-0-7546-4960-1        $114.95               mediation;	The	legal	context;	Conflicts	and	disputes;	
   eBook                 978-0-7546-8836-5        $114.95
                                                                        Negotiation	and	mediation;	The	mediator;	The	session	    Family Life and the Law
                                                                        and	the	strategies;	When	to	mediate;	Confidentiality;	   Under One Roof
   hindu women’s Property                                               Children	and	the	mediation	process;	Fairness;	
                                                                        Epilogue;	Bibliography;	Index.                           Edited by Rebecca Probert,
   Rights in Rural india                                                August 2008         292 pages
                                                                                                                                 University of Warwick, UK
   Law, Labour and Culture in Action                                    Hardback            978-0-7546-4619-8       $114.95      “…it is near essential reading for anyone teaching
                                                                        Paperback           978-0-7546-4624-2       $39.95       or researching in the field.”
   Reena Patel, University of Warwick, UK                               eBook               978-0-7546-8859-4       $39.95                                 	—The	Cambridge	Law	Journal
   “…an original and valuable contribution…”                            Examination copies are available in paperback
                                                                                                                                 Bringing	together	experts	from	a	wide	variety	of	legal	
                  —Shirin	Rai,	University	of	Warwick,	UK




                                                                     
                                                                                                                                 disciplines	to	comment	on	the	way	in	which	different	
   This	volume	addresses	the	issue	of	Hindu	peasant	                                          Examination copies are             areas	of	law	affect	the	functioning	family	today,	this	
   women’s	ability	to	effectuate	the	statutory	rights	to	                                     available for all paperback        volume	provides	a	modern	critical	approach	to	bear	
   succession	and	assert	ownership	of	their	share	in	family	                                  editions. Please contact           on	the	broad	range	of	subjects	that	used	to	constitute	
   land.	The	work	combines	a	critical	evaluation	of	law	                                      Suzanne Sprague at                 “family	law.”
   with	economic	analyses	into	allocation	of	resources	                                       ssprague@ashgate.com               2007                 296 pages
   within	the	family	as	a	means	of	addressing	gender	                                         or visit www.ashgate.com           Hardback             978-0-7546-4760-7         $114.95
   relations	and	explaining	resulting	gender	inequalities.                                    for more information.              eBook                978-0-7546-8610-1         $114.95
   2007                  158 pages                                                            Look for the magnifying
   Hardback              978-0-7546-4616-7        $99.95                                      glass icon!
   eBook                 978-0-7546-8493-0        $99.95




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