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Law in Society: Reflections on Children, Family, Culture and Philosophy
Essays in Honour of Michael Freeman
This collection, written by legal scholars from around the world, offers insights into a variety of topics from children’s rights to criminal law, jurisprudence, medical ethics and more. Its breadth reflects the fact that these are all elements of what can broadly be called ‘law and society’, that enterprise that is interested in law’s place or influence in diffferent aspects of real lives and understands law to be simultaneously symbol,
philosophy and action. It is also testament to the broad range of vision of Professor Michael Freeman, in whose honour the volume was conceived.
The contributions are divided into categories which reflect his distinguished career and publications, over 85 books and countless articles, including pioneering work on children’s rights, domestic violence, religious law, jurisprudence, law and culture, family law and medicine, ethics and the law, as well as his enduring commitment to interdisciplinarity.
The volume begins with work on law in its philosophical, cultural or symbolic realm (Part I: Law and Stories: Culture, Religion and Philosophy), including its commitment to the normative ideal of ‘rights’ (Part II: Law and Rights), and then offfers work on law as coercive state action (Part III: Law and the Coercive State) and as regulator of personal relationships (Part IV: Law and Personal Living). It continues with reflections on the importance of globalisation, both of law and of ‘doing family’ in personal and public life (Part V: Law and International Living) before closing with two reflections on Michael Freeman’s body of work generally, including one from Michael himself (Part VI: Law and Michael Freeman).
philosophy and action. It is also testament to the broad range of vision of Professor Michael Freeman, in whose honour the volume was conceived.
The contributions are divided into categories which reflect his distinguished career and publications, over 85 books and countless articles, including pioneering work on children’s rights, domestic violence, religious law, jurisprudence, law and culture, family law and medicine, ethics and the law, as well as his enduring commitment to interdisciplinarity.
The volume begins with work on law in its philosophical, cultural or symbolic realm (Part I: Law and Stories: Culture, Religion and Philosophy), including its commitment to the normative ideal of ‘rights’ (Part II: Law and Rights), and then offfers work on law as coercive state action (Part III: Law and the Coercive State) and as regulator of personal relationships (Part IV: Law and Personal Living). It continues with reflections on the importance of globalisation, both of law and of ‘doing family’ in personal and public life (Part V: Law and International Living) before closing with two reflections on Michael Freeman’s body of work generally, including one from Michael himself (Part VI: Law and Michael Freeman).
Alison Diduck is Professor of Law at University College London, United Kingdom.
Noam Peleg is a Lecturer at the Faculty of Law, University of New South Wales, Australia.
Helen Reece is Reader in Law at London School of Economics and Political Science, United Kingdom.
Noam Peleg is a Lecturer at the Faculty of Law, University of New South Wales, Australia.
Helen Reece is Reader in Law at London School of Economics and Political Science, United Kingdom.
Introduction Alison Diduck, Noam Peleg, and Helen Reece
I Law and Stories: Culture, Religion and Philosophy
Professing Jurisprudence Roger Cotterrell
Laws, Values, Cultures John Eekelaar
Philosophy of Law: Secular and Religious (With Some Reference to Jewish Family Law) Bernard S. Jackson
Rules of Forgiveness and the Role of Narratives in Talmudic Law David Nelken
The People’s Choice: Law in Culture and Society Lawrence M. Friedman
‘A Child’s Mind as a Blank Book’: Myth, Childhood, and the Corporation Anne McGillivray
II Law and Rights
Taking Children’s Rights Seriously: The Need for a Multilingual Approach John Tobin
The Jurisprudence of Making Decisions Affecting Children: An Argument to Prefer Duty to Children’s Rights and Welfare Lucinda Ferguson
Michael Freeman’s Contribution to Childhood Rights Mark Henaghan
Michael Freeman’s View of Children’s Rights and Some Ideas Arising from His Views Priscilla Alderson
What if Children had been Involved in Drafting the United Nations Convention on the Rights of the Child? Laura Lundy, Elizabeth Welty, Beth Blue Swadener, Natasha Blanchet-Cohen, Kylie Smith, and Dympna Devine
Ending Corporal Punishment in Childhood: Advancing Children’s Rights to Dignity and Respectful Treatment Bernadette J. Saunders
III Law and the Coercive State
Refl ections on Michael Freeman’s ‘Law and Order in 1984’ Robert Reiner
Children’s Rights and Children’s Criminal Responsibility Heather Keating
Michael Freeman and Domestic Violence Helen Reece
The Spirit and the Corruption of Cricket Peter Alldridge
Children’s Rights: Preventing the Use of State Care and Preventing Care Proceedings Judith Masson
IV Law and Personal Living
Michael Freeman and the Rights and Wrongs of Resolving Private Law Disputes Felicity Kaganas and Christine Piper
Best Interests of the Child in Relocation: The Work and Views of Lawyers in England and Wales Ghislaine Lanteigne
Surrogacy Law: From Piecemeal Tweaks to Sustained Review and Reform Amel Alghrani, Danielle Griffi ths, and Margaret Brazier
The Right to Responsible Parents? Making Decisions about the Healthcare of Young and Dependent Children Jo Bridgeman
The Abuse of Parents by Children Jonathan Herring
An Unnatural Union? – British Conservatism and the Marriage (Same Sex Couples) Act 2013 Andrew Gilbert
V Law and International Living
The Family Law World of Michael Freeman Sanford N. Katz
The Contribution of the South African Constitutional Court to the Jurisprudential Development of the Best Interests of the Child Meda Couzens
Assisted Reproduction and the Child’s Right to Know His or Her Origins: Sweden’s Response to its International Law Obligations and New Challenges raised by Surrogacy Jane Stoll
Sometimes as a Child, Sometimes as an Adult: Children and Access to Justice in Italy Maria Federica Moscati
The Application of the United Nations Convention on the Rights of the Child in Dutch Legal Practice Coby de Graaf
Michael Freeman And International Family Justice The Rt. Hon. Sir Mathew Thorpe
Thirty Years of the Hague Abduction Convention: A Children’s Rights Perspective Rhona Schuz
VI Law and Michael Freeman
Thinking About Children’s Rights Sociologically Michael Freeman
Law and … Michael Freeman: The Scholar, The Man, the Modern Renaissance Humanist Carrie Menkel-Meadow
About the Contributors.
I Law and Stories: Culture, Religion and Philosophy
Professing Jurisprudence Roger Cotterrell
Laws, Values, Cultures John Eekelaar
Philosophy of Law: Secular and Religious (With Some Reference to Jewish Family Law) Bernard S. Jackson
Rules of Forgiveness and the Role of Narratives in Talmudic Law David Nelken
The People’s Choice: Law in Culture and Society Lawrence M. Friedman
‘A Child’s Mind as a Blank Book’: Myth, Childhood, and the Corporation Anne McGillivray
II Law and Rights
Taking Children’s Rights Seriously: The Need for a Multilingual Approach John Tobin
The Jurisprudence of Making Decisions Affecting Children: An Argument to Prefer Duty to Children’s Rights and Welfare Lucinda Ferguson
Michael Freeman’s Contribution to Childhood Rights Mark Henaghan
Michael Freeman’s View of Children’s Rights and Some Ideas Arising from His Views Priscilla Alderson
What if Children had been Involved in Drafting the United Nations Convention on the Rights of the Child? Laura Lundy, Elizabeth Welty, Beth Blue Swadener, Natasha Blanchet-Cohen, Kylie Smith, and Dympna Devine
Ending Corporal Punishment in Childhood: Advancing Children’s Rights to Dignity and Respectful Treatment Bernadette J. Saunders
III Law and the Coercive State
Refl ections on Michael Freeman’s ‘Law and Order in 1984’ Robert Reiner
Children’s Rights and Children’s Criminal Responsibility Heather Keating
Michael Freeman and Domestic Violence Helen Reece
The Spirit and the Corruption of Cricket Peter Alldridge
Children’s Rights: Preventing the Use of State Care and Preventing Care Proceedings Judith Masson
IV Law and Personal Living
Michael Freeman and the Rights and Wrongs of Resolving Private Law Disputes Felicity Kaganas and Christine Piper
Best Interests of the Child in Relocation: The Work and Views of Lawyers in England and Wales Ghislaine Lanteigne
Surrogacy Law: From Piecemeal Tweaks to Sustained Review and Reform Amel Alghrani, Danielle Griffi ths, and Margaret Brazier
The Right to Responsible Parents? Making Decisions about the Healthcare of Young and Dependent Children Jo Bridgeman
The Abuse of Parents by Children Jonathan Herring
An Unnatural Union? – British Conservatism and the Marriage (Same Sex Couples) Act 2013 Andrew Gilbert
V Law and International Living
The Family Law World of Michael Freeman Sanford N. Katz
The Contribution of the South African Constitutional Court to the Jurisprudential Development of the Best Interests of the Child Meda Couzens
Assisted Reproduction and the Child’s Right to Know His or Her Origins: Sweden’s Response to its International Law Obligations and New Challenges raised by Surrogacy Jane Stoll
Sometimes as a Child, Sometimes as an Adult: Children and Access to Justice in Italy Maria Federica Moscati
The Application of the United Nations Convention on the Rights of the Child in Dutch Legal Practice Coby de Graaf
Michael Freeman And International Family Justice The Rt. Hon. Sir Mathew Thorpe
Thirty Years of the Hague Abduction Convention: A Children’s Rights Perspective Rhona Schuz
VI Law and Michael Freeman
Thinking About Children’s Rights Sociologically Michael Freeman
Law and … Michael Freeman: The Scholar, The Man, the Modern Renaissance Humanist Carrie Menkel-Meadow
About the Contributors.
