Ethnic Minorities, Their Families and the Law

Ethnic Minorities, Their Families and the Law

By: John Murphy (editor)Hardback

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Description

The English law on ethnic minorities has only been intermittently the focus of academic interest,and nowhere is this more true than in respect of family law. Yet a great number of the most topical and burning issues in family law centre upon, or involve, questions concerning ethnic minorities. Furthermore, in the light of the significance of recent legislation - for example the Children Act of 1989 and the Family Law Act of 1995 - much of what has already been written in the area has become rather dated or superseded altogether. These essays consider systematically, and in a stimulating fashion, the main areas of English domestic law that impinge particularly acutely upon ethnic minority families. The collection spans private law, public law, social policy and social theory. The first part deals with the law relating to children. The second part concerns the duties owed too ethnic minority families and their members by local authorities, the courts and the police. The final section contains essays with an international dimension. Written by recognised experts, these essays contain much by way of comparative and international material, and will be of interest to practising family lawyers as well as students and teachers of law.

About Author

John Murphy is a Lecturer in Law at the University of Manchester.

Contents

Part 1 Children: images of child welfare in child abduction appeals, Michael Freeman - assessing a risk; an objecting child; non-convention cases; looking at other systems - a value framework; local authority support for ethnic minority children, Martin L. Parry - provision of services; children looked after by local authorities; child welfare in transracial adoptions - colour-blind children and colour-blind law, John Murphy: two urban myths, transracial adoptions are harmful?, transracial adoptions damage minority community interests, legal improprieties of race-matching, race-matching as racial discrimination, the centrality of child welfare, reform measures, practical measures, legal steps. Part 2 International issues: recognition of foreign divorces - unwarrantable ethocentrism, Abla Mays - historical overview, the scheme of the current law, divorces obtained within the British Isles, overseas divorces; the discretionary refusal of recognition of foreign marriages, John Murphy - public policy and cultural imperialism, cultural values - reasons and non-reasons, cultural values in the non-recognition of child marriages; indigenous children in Australian law, John Dewar - self-determination and multiculturalism defined, child protection and child place - towards "self-determination"?, the "stolen generation", the Aboriginal Child Placement Principle (ACPP), towards greater self-determination, family law - towards "multiculturalism"?, family structures and family values, re CP - the Tiwi Island case, recuperating the "best interests" principles; rhetoric and reality in inter-country adoptions - divergent principles and stratified status, John Murphy - the welfare of the child in inter-country adoptions, convention adoptions, other adoptions, safeguards (?) against wrongful adoption, the recognition of inter-county adoptions. Part 3 Miscellaneous issues: double jeopardy - race and domestic violence, Ada Kewley - women trapped in violent relationships, domestic violence and contact orders, race and the legal system, institutions and procedures, race, gender and criminal law, problems in policing domestic violence, particular problems of policing and race, domestic violence and immigration; state support for housing ethnic minority households - spatial segregation and ghettoisation?, David Cowan - spatial segregation and ghettoisation, the 1991 census - general, the 1991 census - ghettoisation, the 1991 census - spatial segregation, state support - the effects of colour blindness, home ownership, council housing, housing associations, private renting, the politics of segregation; healthcare law for a multi-faith society, Jonathan Montgomery - three principles, autonomy, best interests, sanctity of life, religious dimensions to assessing competence, categorical imperatives in the structure of welfare, decision making.

Product Details

  • ISBN13: 9781901362596
  • Format: Hardback
  • Number Of Pages: 288
  • ID: 9781901362596
  • weight: 560
  • ISBN10: 1901362590

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