The Family, Law and Social Change
| Module title | The Family, Law and Social Change |
|---|---|
| Module code | LAWM689 |
| Academic year | 2024/5 |
| Credits | 15 |
| Module staff | Professor Anne Barlow (Lecturer) |
| Duration: Term | 1 | 2 | 3 |
|---|---|---|---|
| Duration: Weeks | 12 |
| Number students taking module (anticipated) | 5 |
|---|
Module description
This module will through the lens of family law and policy critically examine the way in which law responds to social change. It aims to evaluate the theoretical explanations for the nature of this relationship, the doctrinal influences on a domestic and international level and the direct and indirect impact on it of inter-disciplinary socio-legal research.
Module aims - intentions of the module
This module will through the lens of family law and policy critically examine the way in which law responds to social change. It aims to evaluate the theoretical explanations for the nature of this relationship, the doctrinal influences on a domestic and international level and the direct and indirect impact on it of inter-disciplinary socio-legal research.
Intended Learning Outcomes (ILOs)
ILO: Module-specific skills
On successfully completing the module you will be able to...
- 1. Engage in critical reading of national and international theoretical, doctrinal and socio-legal writing on family law to achieve a developed understanding of the various critiques of the relationship between the family, law and society.
- 2. Appreciate the sometimes controversial role of socio-legal research in uncovering and identifying the changing processes and social developments which lie behind it.
ILO: Discipline-specific skills
On successfully completing the module you will be able to...
- 3. Develop an inter-disciplinary approach to socio-legal issues, express their own thoughts on the topics studied, such as sociological, political or policy-oriented reflections.
- 4. Combine and draw on both theoretical approaches and inter-disciplinary empirical research, while demonstrating the ability to address competing arguments.
ILO: Personal and key skills
On successfully completing the module you will be able to...
- 5. Capacity to conduct independent study and group work and meet deadlines.
- 6. Develop critical approach to legal and socio-legal research in the family law and policy domain.
- 7. Develop high level of competence in accessing legal and socio-legal bibliographic sources.
- 8. Assemble systematic and sustained argument in a family law context.
Syllabus plan
Whilst the module’s precise content may vary from year to year, it is envisaged that the syllabus will cover some or all of the following topics:
• Family definition and the law – responses to social change and medical technology.
• Equality and vulnerability – autonomy, financial remedies and shared parenting.
• The legal meaning of domestic violence – a struggle between accepted and marginalised knowledge.
• Cultural and religious diversity, child protection and marriage.
Learning activities and teaching methods (given in hours of study time)
| Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
|---|---|---|
| 20 | 130 | 0 |
Details of learning activities and teaching methods
| Category | Hours of study time | Description |
|---|---|---|
| Scheduled Learning and Teaching Activities | 20 | 10 x 2 hour seminars |
| Guided independent study | 95 | Seminar preparation and independent reading |
| Guided independent study | 35 | Assessment preparation, conducting research, producing formative work and writing up summative work. |
Formative assessment
| Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|
| Essay plan | 700 words | 1-8 | Individual written feedback (with oral feedback upon request) |
Summative assessment (% of credit)
| Coursework | Written exams | Practical exams |
|---|---|---|
| 100 | 0 | 0 |
Details of summative assessment
| Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|---|
| Essay | 100 | 3,000 words | 1-8 | Individual written feedback (with oral feedback upon request) |
Details of re-assessment (where required by referral or deferral)
| Original form of assessment | Form of re-assessment | ILOs re-assessed | Timescale for re-assessment |
|---|---|---|---|
| Essay | Essay (3,000 words) | 1-8 | August/September re-assessment period |
Indicative learning resources - Basic reading
Akhtar, Rainara et al, (2020) Cohabitation and Religious Marriage. Bristol: BUP
Bailey-Harris, Rebecca (1996) Law and the Unmarried Couple Oppression or Liberation? 8(2) Child and Family Law Quarterly 137-147.
Bala, Nicholas and Bromwich, Rebecca (2002) Context and Inclusivity in Canadas Evolving Definition of the Family International Journal of Law, Policy and the Family 16:145-180.
Barlow, Duncan James and Park (2005) Cohabitation, Marriage and the Law Oxford: Hart
Barlow and Probert (2004) Regulating Marriage and Cohabitation: Changing Family Values and Policies in Europe and North America 26 (1) Law and Policy 1
Brown, Alan (2019) What is the Family of Law?: The Influence of the Nuclear Family; Oxford: Hart
Cooke, Elizabeth (2001) "White v White: a new yardstick for the marriage partnership" Child and Family Law Quarterly 81
Day-Sclater, S (2000) Families London: Hodder and Stoughton
Jones, C., Why Donor Insemination Requires Developments in Family Law: The Need for New Definitions of Parenthood. Edwin Mellen Press. 2007
Jones, C., The identification of parents and siblings: new possibilities under the reformed Human Fertilisation and Embryology Act in Herring, J., Wallbank, J and Choudhry, S., (eds) Rights, Gender and Family Law, Oxford, Routledge-Cavendish: Glasshouse press, 2009.
J. Dewar, The Normal Chaos of Family Law (1998) 61 MLR 467, 470
Eekelaar, J and Thandabantu N, (1998) The Changing Family Oxford:Hart
Fortin, J (2003) Childrens Rights and the Developing Law London: Butterworths.
Foucault, M. 2003. Society Must Be Defended, Lectures at the College de France 19751976, Penguin Books, pg. 6-11.
Freeman, Michael D.A., (1984) Legal Ideologies, Patriarchal Precedents, and Domestic Violence. In The State, the Law and the Family: Critical Perspectives, edited by M. D.A Freeman. London:Tavistock.
Glendon, Mary Ann, (1981) The New Family and the New Property Toronto: Butterworths.
Herman, J. L. (1992). Trauma and recovery, New York, NY, BasicBooks, chapter 4 Captivity
Hitchings et al, (2023) ‘Fair Shares? Sorting out money and property on divorce’ Financial Remedies Journal, April, 47-49.
King, Michael and Piper, Christine (1995) How the Law Thinks about Children Aldershot: Arena.
Maclean, M. (ed) (2005) Family Law and Family Values Oxford: Hart
ODonovan, K. (1993) Family Law Matters London: Pluto
Smart, Carol (1989) Feminism and the Power of Law London: Routledge
Gunther Teubner (1993) Law as an Autopoietic System (Oxford, UK; Cambridge, Mass., USA: Blackwell Publishers).
| Credit value | 15 |
|---|---|
| Module ECTS | 7.5 |
| Module pre-requisites | None |
| Module co-requisites | None |
| NQF level (module) | 7 |
| Available as distance learning? | No |
| Origin date | 01/10/2007 |
| Last revision date | 04/08/2022 |
