Fifty Years in Family Law

Stephen Cretney has long been regarded as the leading English scholar in the field of family law, as prolific as he is profound. Even if the essays in this book had not been written in his honour, they would inevitably have had to rely heavily on his work. Private ordering, marriage, civil partnership, cohabitation, children, separation, divorce – the entire spectrum of family law is covered here – have all benefited from his insightful comments and meticulous scholarship.

Author(s):
Rebecca Probert, Chris Barton
book | published | 1st edition
March 2012 | xviii + 332 pp.

Hardback
€62.05 €73.-


ISBN 9781780680521

Details

Stephen Cretney has long been regarded as the leading English scholar in the field of family law, as prolific as he is profound. From textbooks that provided guidance to generations of students to the crowning achievement of Family Law in the Twentieth Century: A History, his writing has always been a model of elegance and erudition. Even if the essays in this book had not been written in his honour, they would inevitably have had to rely heavily on his work. Private ordering, marriage, civil partnership, cohabitation, children, separation, divorce – the entire spectrum of family law is covered here – have all benefited from his insightful comments and meticulous scholarship. What also became apparent from the rush of judges and academics (including both established and up-and-coming researchers) wanting to contribute to this work is the equally high personal regard in which Stephen Cretney is held by his – for want of a better word – ‘peers’. This book is a labour of love.

With a foreword by Nicholas Wilson and contributions by Andrew Bainham, Chris Barton, Elizabeth Cooke, Ruth Deech, Gillian Douglas, John Eekelaar, Stephen Gilmore, Brenda Hale, Sonia Harris-Short, Joanna Harwood, Jonathan Herring, Sue Jenkinson, Sanford N. Katz, Penny Lewis, Nigel Lowe, Mavis Maclean, Judith Masson, Joanna Miles, Walter Pintens, Christine Piper, Rebecca Probert, Neil Robinson, Simon Rowbotham, and Jens M. Scherpe.


About the book
‘[a] fascinating volume that provides an interesting perspective on where family law has come from, and where it is going.’
Claire Simmonds in Cambridge Law Journal (2012) 734

‘It would be unsurprising if its chapters, distinctly readable and pithy as well as learned, are still being read and cited by family lawyers 50 years from now.’
Brian Sloan in Child and Family Law Quarterly (2012) 496

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Chapters

Table of Contents (p. 0)

Introduction (p. 1)

Collective Responsibility: Law Reform at the Law Commission (p. 7)

A Paean for the Law Commission: A View from the Inside (p. 21)

In the Matter of Cretney v. Bromley (1974): Stephen Cretney’s Principles of Family Law (p. 39)

‘Why Should They Cite Us?’: Lessons from an ‘Uncommon’ Family Lawyer’s Influence on the Common Law (p. 57)

Child Focused Legislation: For the Sake of the Children? (p. 71)

The Illegitimacy Saga (p. 83)

Marital Agreements: ‘The More Radical Solution’ (p. 97)

Buggers and Broomers: Have They ‘Been Practising Long Enough’? (p. 107)

Civil Rites (p. 121)

Towards a Matrimonial Property Regime for England and Wales? (p. 133)

Holding Onto the Past? Adoption, Birth Parents and the Law in the Twenty-First Century (p. 147)

Inherently Disposed to Protect Children: the Continuing Role of Wardship (p. 161)

The Law of Succession: Doing the Best We Can (p. 175)

Divorce, Internet Hubs and Stephen Cretney (p. 187)

The Co-Respondent’s Role in Divorce Reform after 1923 (p. 201)

Simple Quarrels? Autonomy vs. Vulnerability (p. 217)

Shapeshifters or Polymaths? A Reflection on the Discipline of the Family Mediator in Stephen Cretney’s World of Private Ordering (p. 231)

Family Law – What Family Law? (p. 247)

Regulating the Bar (p. 265)

A Failed Revolution: Judicial Case Management of Care Proceedings (p. 277)

Openness and Transparency in the Family Courts: A Policy (p. 291)

Fifty Years in the Transformation of American Family Law: 1960–2011 (p. 303)

A Royal and Constitutional Affair: the Second Marriage of H.M. King Leopold III of the Belgians (p. 317)

Index (p. 329)

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