The Family in Law provides a jurisprudential analysis of current family law, connecting doctrinal discourse with sociological, historical and economic analyses of the institution of family. The approach of the book challenges conventional boundaries of family law, giving readers a solid foundation and edge to their understanding of the topic.
The Family in Law provides a jurisprudential analysis of current family law, connecting doctrinal discourse with sociological, historical and economic analyses of the institution of family. The law's focus on the nuclear family as the default model is central to the book's discourse, which contains in-depth discussions of the key areas of family law - marriage, divorce, children and property matters. Written for Australian legal actors - whether students, academics or professionals - readers are encouraged to question current frameworks, critique well-known cases and make informed conclusions on whether changes could be made to engender a fairer and more equitable society. In developing doctrinal analysis within a theoretical framework, The Family in Law challenges the conventional boundaries of family law, providing readers with both a solid foundation and a multi-layered perspective to their understanding of the topic.
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This book challenges conventional boundaries of family law providing a solid foundation and edge to students' understanding of the topic.
| Acknowledgements |
|
vi | |
| Preface |
|
vii | |
|
|
|
x | |
|
|
|
xix | |
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Chapter 1 Studying family law |
|
|
1 | (30) |
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Chapter 2 Family law and its institutions |
|
|
31 | (37) |
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Chapter 3 Marriage and marriage-like relationships |
|
|
68 | (42) |
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Chapter 4 Divorce and violence in family law |
|
|
110 | (40) |
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Chapter 5 Financial relations |
|
|
150 | (40) |
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Chapter 6 Spousal maintenance |
|
|
190 | (36) |
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Chapter 7 Private ordering of financial relations |
|
|
226 | (25) |
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Chapter 8 Children in family law: child-related disputes under the Family Law Act |
|
|
251 | (42) |
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Chapter 9 Children in court proceedings |
|
|
293 | (40) |
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Chapter 10 Child maintenance and support and the wider social context of Australian family law |
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|
333 | (39) |
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Chapter 11 Family regulation: abortion and child protection |
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372 | (33) |
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Chapter 12 Children and family formation: adoption and reproductive technologies |
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|
405 | (30) |
| Index |
|
435 | |
Archana Parashar's research is interdisciplinary in nature and has spanned a very wide area of contemporary legal theory and the relevance of contemporary theory for women in the Third World. Her work explores the implications for social justice in contemporary post-structural theory, contemporary legal theory and legal education literature. Archana joined Macquarie University, Sydney in 1990 as a Lecturer in Law and has been an Associate Professor in Law there since 2001. Her research interests include contemporary legal theory with a special emphasis on social justice, legal pluralism, legal education, discrimination law, and family law. She continues to collaborate extensively with colleagues in India and is an adjunct Professor of Law at the National University of Advanced Legal Studies (NUALS), India and National Academy of Legal Studies and Research (NALSAR), India. Francesca Dominello is a Lionel Murphy Scholar. She holds a combined BA LLB degree from Macquarie University, Sydney and a LLM (Research) degree from the University of New South Wales, Sydney. Dominello is currently the convenor of Remedies, Reparations and Resolution in Law (LAW555) and Indigenous Peoples and the Law (Law468). She also has extensive teaching experience in the areas of family law and constitutional law. In 2009 she was awarded the CCH-ALTA Best Paper Award for the paper she presented at the 2008 Australasian Law Teachers Association Conference titled 'Beyond Symbolism: Aboriginal Sovereignty and Native Title'. More recently she has been a legal consultant to LawTermFinder (lawtermfinder.mq.edu.au), an online termbank of words and phrases frequently used in Australian family law. Prior to her academic appointment at Macquarie University, Dominello practiced as a solicitor in the areas of native title law, personal injury law and immigration law.
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