The Principle of the Welfare of the Child: A History

The Principle of the Welfare of the Child

A History
 
Edition number: 1
Publisher: Routledge
Date of Publication:
 
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Product details:

ISBN13:9781032214504
ISBN10:1032214503
Binding:Hardback
No. of pages:276 pages
Size:234x156 mm
Weight:480 g
Language:English
624
Category:
Short description:

This book traces the evolution of the welfare interests of the child principle over the centuries in England & Wales to provide a record of the key milestones in its development.

Long description:

This book traces the evolution of the welfare interests of the child principle over the centuries in England & Wales to provide a record of the key milestones in its development. It does so by comparing and contrasting the part it has played in the public ? care, protection and control ? and in the private ? matrimonial, adoption etc ? sectors of family law.


By analysing the content of the principle this book discloses the essence of what has been termed ?the golden thread running through the common law?. By considering the ways in which the legal system has shaped and been shaped by the principle, it reveals its structural influence. By identifying and assessing the significance of its operational role and functions, it shows how this principle has changed the law relating to children.


In addition to a digest of cases and legislation that tracks the evolution of this legal principle, academics and other researchers will find a wealth of information on how that evolution reflects the corresponding changes in social mores. For those interested in the ethics and morality, there is much illuminating evidence on how the law has balanced this principle relative to others within both civil and criminal contexts.

Table of Contents:

Dedication


Preface


Introduction


Part I


The Legal Origins of the Child Welfare Principle in E&W


Chap 1 State Recognition of Child Welfare: Feudalism; the Common Law; and


the Poor Laws


Chap 2 Judicial Acknowledgement of Guardianship Duties


Chap 3 Legislative Endorsement of Child Welfare



Part II


The Content & Role of the Welfare Principle


Chap 4 Welfare Interests and the Child


Chap 5 Identifying Welfare Interests


Chap 6 Representing Welfare Interests


Chap 7 The Legal System and Welfare Interests



Part III


Applying the Child Welfare Principle in the Late 20th Century: Public & Private Family Law


Chap 8 Public Family Law: Prevention, Protection, Care and Control


Chap 9 Private Family Law: Contested and Uncontested Proceedings



Conclusion


Bibliography


Index