Family Law as Social Policy: Taking Family Problems Upstream

This Article focuses both on the changes that have been made to the legal framework governing post-separation parenting of children in Australia, as well as the processes and discourses via which these matters have been dealt with and debated. Alone among comparable common law jurisdictions such as Canada, the United States, and England, Australia’s family law legislation, and the significant changes made to it in the past fifteen years, can be seen to have been particularly responsive to the lobbying of fathers’ rights groups. It will be suggested that changes to the legislative framework that governs family law in Australia have taken place, at best, without any clear rationale or need and perhaps more problematically, have at times flown in the face of, rather than been undertaken by reference to, the evidence-based research about post-separation parenting practices and what we know about children’s welfare or best interests, the paramount consideration that underpins decision-making in this field. The purpose of this discussion is to attempt to posit some possible explanations for this distinctive path of Australian family law “reform”.

This paper looks, from the perspective of a practising family law barrister, at how the views of children are taken into account in family law legislation, case law, and the practice of the family courts. Recent Commonwealth Government reviews of the 2006 amendments to the Family Law Act 1975 released in 2010 are considered in this context. The role of international covenants in interpreting and applying the law relating to children’s views is considered and the question is posed: Is sufficient weight given to the views of children in family law?

In the simplest sense, historians write narratives about change over time. What distinguishes social welfare historians from their colleagues is that they choose to write not about what happened but rather about what did not happen. This strange tendency has to do with a desire to compare the American and European welfare states. Such comparisons cause historians to emphasize what we do not have, such as a guaranteed income or a program of national health insurance, and to miss much of what we do have. Christopher Howard, a political scientist rather than a historian, seeks to redress the balance by pointing out that much of our welfare state remains hidden from scholarly view because it takes the form of tax expenditures. Instead of providing national health insurance directly, for example, we finance it indirectly through our tax code. Simply put, employers who choose to pay for part of their employees' health care get a tax break. According to Howard, the hidden welfare state of tax expenditures amounts to nearly half the size of the visible welfare state making the United States appear less a welfare state laggard than many cross-national studies claim (p. 17). The concept of the hidden welfare state has great utility in capturing the unique nature of America's social welfare policy. Not only do we use tax policy as a tool of social policy, creating important links between public and private social welfare provision, we also rely on the courts to transfer money to certain classes of individuals, such as those who have been exposed to asbestos, harmed by medical malpractice, or denied what the court deems to be adequate care in a public facility such as a state mental health hospital. The federal nature of our social policy also obscures the size of our welfare state. For example, although we have no national workers' compensation law, we do have a series of state laws that cover the entire country and make our workers' compensation system among the largest in the world. Howard does not push the concept that far. Instead, he focuses on tax

INTRODUCTION The Commission on European Family Law (CEFL) has reached its 19th year of existence. Established in 2001, the CEFL has drafted five sets of Principles of European Family Law in the field of divorce, maintenance between former spouses, parental responsibilities, property relations between spouses and de facto unions. They can be considered as model laws for national legislators in their quest to reform their family law systems. In turn, new family law legislation inspired by the European Family Law Principles contributes to the further harmonisation of family law in Europe. This contribution provides information about the various activities of the CEFL, its organisation, working method, results, finances and impact so far. Finally, the question of the next steps to be taken will be answered. ORGANISATION, COMPOSITION AND MEETINGS The CEFL is a foundation under Dutch law. The CEFL consists of two groups: the Organising Committee and the Expert Group. The Organising Committee set up the Expert Group and prepared and coordinated the work of the Commission as a whole. The members of the Organising Committee are at the same time members of the Expert Group. Over the years the composition of the Organising Committee has hardly changed. Frederique Ferrand (Lyon), Nigel Lowe (Cardiff), Dieter Martiny (Frankfurt (Oder), later Hamburg) and this author (Utrecht, later Hamburg) were the founding members, together with Walter Pintens (Leuven) and Dieter Schwab (Regensburg). The latter left in 2003 and two new members joined the Organising Committee in that same year: Cristina Gonzalez Beilfuss (Barcelona) and Maarit Jantera -Jareborg (Uppsala). Only in 2013 was Walter Pintens replaced by Velina Todorova (Sofia). The Expert Group is comprised of specialists in the field of family and comparative law from most of the European Union Member States, with the involvement of experts from other European countries, such as Norway, Russia and Switzerland. Over the years, the number of experts has increased. For each specific working field, they were invited to contribute by drafting a national report and taking part in Expert Meetings. Some of them have accompanied us over the years, others have been replaced by new experts, and still others have only joined the group for the latest working field.

Straipsnyje siekiama galima atsakyti į klausimą, kodėl Lietuvos socialinės įtraukties politikos profilis yra būtent toks, koks jis yra. Kritiškai aptariamas socialinės įtraukties politikos konvergenciją turėjęs ir vis dar turintis skatinti atviro koordinavimo metodas bei naujas Europos Sąjungos politikų ir biurokratų rengiamas instrumentas Europos socialinių teisių piliorius (European Pillar for Social Rights). Apibūdinant socialinės įtraukties politikos profilį ir iliustruojant jį konkrečiais socialinės politikos pavyzdžiais, formuluojama socialinės politikos konvergencijos ir divergencijos dichotomija. Ieškant paaiškinimo, kodėl socialinės įtraukties politika, užuot konvergavusi, diverguoja, pasitelkiamos priklausomybės nuo tako teorija, kuri pabrėžia transakcinius institucinių konsteliacijų kaitos kaštus, ir socialinio žinojimo tipologijos teorija, kuri suteikia įrankių aiškintis, kaip institucinės konsteliacijos įsitvirtina skirtingose socialinio žinojimo struktūrose. Straipsnyje aptariami Lietuvoje atliktų tyrimų duomenys, kurie galėtų būti priskiriami ekspertų ir gerai informuotų piliečių socialinio žinojimo tipams. Lietuvos socialinės įtraukties politikos ekspertai ir šioje srityje dirbantys specialistai, kurie atitinka gerai informuoto piliečio apibrėžimą, yra linkę sureikšminti griežtas taupymo priemones ir socialinės kontrolės didinimą.

The state's social policies shape women's labour power, whether it is invisible labour in the home or women's direct participation in employment. However, it should not be denied that women's employment goes beyond narrowly thinking of it as a social policy tool, and it is related to education policies in a broad sense, and also to health policies. The education that a person receives for herself as an investment is directly related to her employment. In this study, the social policies implemented for women in the Early Republican Era in Turkey were examined holistically. It has been determined what kind of education policies are applied in the formation of the modernized, strong, and working woman profile, and also how women's work is glorified. However, the social policies that find application in which women are directed to be educated not only in employment but also as a housewife in this era have been understood internally, so the implemented health policies are also employment-oriented. In the study, it was made to determine the common denominator of narrow and broad-based social policies in which women were involved during the era was determined. In this respect, the issue is essential in terms of explaining policies in a broad sense, whether employment-related or non-employment-related. While the subject is handled in this way, since it is a historical cross-section, the literature review has been made, and datasets and laws related to the era have been added. As a result, it was determined that many social policies were developed to support strong and working women in this era, and these policies were important in the realization of their forms.

The American Journal of Economics and SociologyVolume 22, Issue 3 p. 408-408 Taxation—a Tool of Social Policy Karl L. Falk, Karl L. FalkSearch for more papers by this author Karl L. Falk, Karl L. FalkSearch for more papers by this author First published: July 1963 https://doi.org/10.1111/j.1536-7150.1963.tb00899.xAboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onFacebookTwitterLinkedInRedditWechat No abstract is available for this article. Volume22, Issue3July 1963Pages 408-408 RelatedInformation

In 2011, the world witnessed how massive civil resistance by men andwomen alike led to the forced departure of long-serving authoritarian leaders in the Arabworld. In the present transitional period in which constitutions have been suspended and newdefinitions of citizenship are being debated, women’s rights and family law have neverthelessemerged as contentious areas in the Arab World. These have been portrayed as symbols ofthe old regime and as deviating from the principles of shariʿa. Calls to amend women’srights abound. By comparing both pre- and post-revolutionary family law developments infour Muslim-majority countries, this special series of articles explores the implications ofthese controversies on the rights of men and women in the political transition processes ofEgypt, Indonesia, Iran, and Tunisia.

Prushkivska E.V., Prushkivskyi V.H., Bondarenko L.A. SOCIAL ENTREPRENEURSHIP AS A SOCIAL POLICY TOOL: INTERNATIONAL EXPERIENCE AND PROSPECTS FOR UKRAINE Purpose. The purpose of the article is to clarify the role of social entrepreneurship as a tool of social policy in the international and national context. Methodology of research. In the course of the research, a systematic and comparative analysis was used, which made it possible to consider social entrepreneurship as a component of social policy in the context of global and national transformations. A comparative analysis of regional models (EU, Southeast Asia, Latin America, Ukraine) was used to identify common and distinctive features of the inclusion of social enterprises in socio-political strategies. The empirical basis of the study consisted of reports from international organisations (UNDP, OECD, European Commission), national statistical materials and scientific research. Content analysis of regulatory and legal acts and strategic documents made it possible to assess the institutional environment in which social enterprises operate. The generalisation of the results obtained made it possible to identify the conceptual functions of social entrepreneurship in the current socio-economic conditions. Findings. It has been established that in EU countries, social entrepreneurship is considered part of employment and inclusion policy, while in Southeast Asia, this type of entrepreneurship is focused on mobilising local communities and partnerships with international organisations. Latin America demonstrates the advantages of community models that combine innovation and the fight against poverty, but at the same time face political and economic instability. In Ukraine, social entrepreneurship is at the stage of institutional formation, but shows high potential for solving problems of employment, inclusion and social integration. Three conceptual functions of social entrepreneurship in the socio-economic strategies of countries have been identified: a tool for job creation, a mechanism for social inclusion, and a platform for partnership between the state, business and civil society. Originality. The research results provide grounds for substantiating the relationship between social entrepreneurship and social policy, which allows it to be interpreted not only as an innovative business model, but also as a multifunctional tool for achieving social sustainability. Unlike existing studies, the results integrate global, regional and national dimensions, identifying a typology of models and determining the prospects for their adaptation in Ukraine. Practical value. The results obtained can be used in the development of state and local social policy programmes aimed at supporting vulnerable groups, restoring the labour market and strengthening social integration. For Ukraine, in the context of war and post-war reconstruction, social entrepreneurship can become a mechanism for combining economic recovery with the formation of an inclusive society. Key words: civil society, inclusion, employment, international experience, social entrepreneurship, social policy, institutional support, post-war reconstruction.

While in the past family life was characterised as a haven from the harsh realities of life, it is now recognised as a site of vulnerabilities and a place where care work can go unacknowledged and be a source of social and economic hardship. This book addresses the strong relationships that exist between vulnerability and care and dependency in particular contexts, where family law and social policy have a contribution to make. A fundamental premise of this collection is that vulnerability needs to be analysed in a way that gets at the heart of the differential power relationships that exist in society, particularly in respect of access to family justice, including effective social policy and law targeted at the specific needs of families in mutually dependent caring relationships. It is therefore crucial to critically examine the various approaches taken by policy makers and law reformers in order to understand the range of ways that some families, and some family members, may be rendered more vulnerable than others. The first book of its kind to provide an intersectional approach to this subject, Vulnerabilities, Care and Family Law will be of interest to students and practitioners of social policy and family law.

It is a great honour and great pleasure to contribute to this Festschrift for Nigel Lowe. To the family law community of the United Kingdom he has long been known as one of the outstanding family lawyers of his generation and co-author of the most comprehensive family law textbook, Bromley's Family Law . But what many family lawyers from these isles may not know is that on the Continent, he is the English family lawyer. Through his comparative and international work, particularly for the Council of Europe and the Commission on European Family Law, he was (and still is) representing the family law of England and Wales in Europe – and beyond. His importance in this cannot be overstated. Anyone working on comparative or international family law with an interest in English family law knows Nigel or at least knows of Nigel, and certainly has read his work. Therefore, I am delighted to contribute this chapter to this volume in honour of England and Wales’ ‘Mr. Family Law’. IN THE BEGINNING THERE WERE TWO, AND THEY WERE MARRIED – AND NOW? Family law for a long time was only centred on one particular family unit: a man and a woman, united in (indissoluble) marriage. Marriage was the proper framework for having children, and therefore this was where proper parent – child relationships were created, meaning that each child legally had one mother and one father. But we now live in the twenty-first century. Today we live in a world where marriages oft en end in divorce; where an increasing number of children grow up in families that do not conform to the ‘traditional’ view of what a family is; where categories of gender are not as fixed as they used to be; where persons legally classified as men can give birth to children; where some persons are not legally classified as male or female; where children are not necessarily genetically related to (all) their legal parents and indeed may have three genetic parents, and even more social parents. The law has been too slow to react to societal changes (on which see section 2 below) and medical advances (on which see section 3 below), and these issues need to be dealt with as a matter of urgency.

The problem presented in this article is related to the social phenomenon of torture, as well as the political prerequisites for the spread of this phenomenon in the 21st century. In the 21st century, torture became a category not so much of legal as of political science, shaping an important part of the modern political discourse on the relationship between government and society. Torture, formally prohibited by universal and regional human rights standards and the national legislation of all modern states, has become an important tool of social control policy. Despite the formal outlawing of torture, today torture exists precisely as a tool of social control policy and is widely used as a social practice. This informal policy has a negative connotation, which does not exclude its existence as an objective component of modern power relations even without formally declared subjects. Torture did not disappear as a social phenomenon even in the second half of the 20th century, as it is claimed within the framework of the classical approach. Torture by agents of the state and representatives of political elites was and remains the sphere of special management. Torture is currently widely used in power relations by various political actors based on the formula of the prohibition of torture – "absolute in principle but relative in application".The invisibility of torture in the 21st century does not mean the absence of such social practices. Any political regime tries to control the population, where torture can be considered a kind of "by-product" of mechanisms of panoptic social control or as a kind of "excess of the lower-level performers" in the process of "securing society". At the same time, the higher echelons, on the contrary, actively declare the search for new, more effective, and modern formal methods of combating torture. On the one hand, national criminal justice systems (including penitentiary systems) cannot cope with the formally declared tasks of dealing with deviants exclusively within the framework of formal procedures enshrined in national legislation against the background of an increase in classes, types, types and, as a result, the number of deviants.On the other hand, the citizens themselves, in exchange for their "freedom", demand even greater "security", where the ways and methods of achieving the appropriate concentration of security are no longer important for them. The practical possibility of using torture on a "terrorist" to obtain information about further terrorist acts or on a "dangerous murderer" to obtain his confession opens a "Pandora’s box", where a wide and at the same time extremely dangerous prospect of using torture against all "dangerous" people considered as "others". Moreover, registries of "dangerous others" is in danger of being expanded. A striking example of the extent to which the externally declared subject policy of the prevention of torture by nation states is intertwined with the policy of torture is the support of modern states for prison subcultures and informal hierarchies in their prison systems. The main thing here is the very declared opposition between the state power and the informal power, where the state, completely unashamed, signs a pact to provide it with "security guarantees" in a supposedly state penitentiary system in exchange for a "license to use torture" that is granted "informal leaders". Therefore, the problematic of this paper can be formulated with the following question, which seems to be rhetorical: if in the end, even in the 13th century, Robin Hood was tamed by the Sheriff of Nottingham, then why in the 21st century the modern state cannot tame "informal leaders", giving them a large share of state power and giving private actors a "license" to torture?

I am a child of the 1970s. I grew up in Adelaide in the Dunstan decade. My earliest political recollection is of my parents discussing the dismissal of Whitlam in 1975. I believed university educat...

Annotation. Introduction. The article considers the concept of unconditional basic income in the study of social policy as a state instrument of universal social justice. Considerable attention paid to the prospects for the introduction of unconditional basic income and the implementation of its basic principles into Ukrainian legislation. Various approaches of legal regulations and etymology of social policy in the context of the state security system are considered. Significant emphasis placed on the study of the theoretical challenge of unconditional basic income, namely the study of the functioning of such a mechanism in modern communicative realities. This research is a product of analytics and was created without taking into account the author’s political ideas. Given the recommended amount of research, the issues of unconditional basic income was considered not to be completed. Purpose. One of the main tasks of the article is to study the mechanism of functioning of unconditional basic income and the possibility of its application in practice. It is also worth giving your own view of the social policy problems. The tasks of the article are to analyze the modern social security system and to suggest options for its improvement. Results. The theory of unconditional basic income currently has no practical application. Despite a significant number of theoretical experiments, no country in the world uses the instrument of unconditional basic income at the legislative level. Therefore, it is too early to talk about the implementation of this theory of social policy in practice in Ukraine. Conclusions. Theory of unconditional basic income has a strong intellectual tradition, but the practical application of this instrument of social policy not implemented. Our studies show that such a system promotes the development of human capital and increases the geographical mobility of people. Unconditional basic income creates material support that promotes human development in other spheres of life. However, it was noted that conducting such a social policy requires significant expenditures from the state budget. This creates material barriers for some countries to use unconditional basic income as a tool of social policy. Keywords: unconditional basic income; social policy; state institutions; legal system.

Family law seems to be everywhere today. Abortion remains a litmus test for political allegiances. Single-sex marriage divides state voters. Child custody cases periodically domi nate newspaper front pages. Parents, family experts, and social critics debate the consequences of divorce and single-parent families. Adoptees demand the right to locate their birth moth ers. And on and on. The only place that family law seems absent is in the history classroom. Aside from occasional lines in textbooks about polygamy or abortion, students rarely encounter family law as a significant subject of historical inquiry. Yet that need not be the case. Like the present, the American past is strewn with the remains of family law conflicts and controversies. And there is now a substantial and accessible body of scholarship and materials that teachers can use to bring the history of family law into secondary and college classrooms. It chronicles a rich and revealing history that can be made into a teaching tool to probe fundamental questions about the relation ship between legal and family change as well as the changing nature of American society. Family law is the body of rules, practices, and beliefs that govern the home. Its policies govern all aspects of family life from courtship and child rearing to spousal violence and inheritance. And since family law is both a subject of its own and a means of studying other topics, it can illuminate a wide array of subjects such as changing notions of state authority, individual decision making, race, gender practices, and family size. Perhaps most importantly, family law holds an intrinsic fascination for stu dents. It touches their own experiences as family members and as legal actors as do few other subjects. Being barred from getting a marriage license, experiencing a parental divorce, confronting bans on birth control information, and countless other past contro versies bring students and family law together. Studying such encounters illuminates key themes in family law by building on the reality, recently documented by Roy Rosenzweig and David Thelen, that the family continues to be the central means through which most Americans study and understand the past (1). I want to explain how family law can be brought into the classroom by suggesting how teachers can conceptualize its history, offering some pathways through the literature, and providing examples of teachable episodes. My intent is to dem onstrate how teaching this topic allows us to probe the intersec tion of family and public life in a way that is only possible through historical inquiry.