Module Code - Title:
LA6172
-
ADVANCED FAMILY LAW: STANDPOINT AND RIGHTS-BASED PERSPECTIVES
Year Last Offered:
2024/5
Hours Per Week:
Grading Type:
N
Prerequisite Modules:
Rationale and Purpose of the Module:
The aim of this module is to engage students in a critical analysis of contemporary
issues in family law by examining those issues through the theoretical perspectives
of children's rights, feminist theory, medical ethics and socio-legal theory. The
module is designed to allow students to develop new perspectives on contemporary
issues in family law and to encourage students to think more deeply about those
issues to reflect upon their own perceptions (and sometimes prejudices) concerning
the issues in question to understand the legal, social and cultural factors arising.
Before engaging in the critical and reflective analysis, students will be provided with
an introduction to the law governing the area in question. This will facilitate students
who do not have previous familiarity with family law and will ensure that students
who have previously studied the subject are aware of the most recent developments
in this rapidly changing area of law. Students will also be provided with an overview
and introduction to the theoretical and rights-based perspectives which will be used
in the module to critically analyse the family law topics under discussion.
Syllabus:
Topics for this module are as follows:
- Introduction to Theoretical and Rights-Based Perspectives: Children's Rights;
Feminist Theory; Medical Ethics; Socio-Legal Theory
- Definitions of the Family
- Marriage Law in a Multicultural Society
- Family Formation
- Parentage and Parental Responsibility
- The Role of Language in Family Law
- The challenges posed by abuse and coercive relationships within the family
- Theoretical and gender-based analysis of contractual relationships in the family
setting
- Emerging Issues in Family Property Law
Learning Outcomes:
Cognitive (Knowledge, Understanding, Application, Analysis, Evaluation, Synthesis)
Upon successful completion of this module, students will be able to:
- Evaluate and critique contrasting legal constructions of the family and parentage;
- Demonstrate knowledge and critical understanding of the ethical and societal issues
arising in family formation;
- Explore the role of language in family law;
- Understand the impact of relationship breakdown on families;
- Analyse the challenges posed by abuse within the family with reference to relevant
theoretical and socio-legal perspectives;
- Examine the marriage contract and the process of contracting within intimate
relationships with reference to relevant theoretical standpoints;
- Evaluate the need for law reform nationally and internationally in child and family
law and demonstrate how reform might be achieved.
Affective (Attitudes and Values)
On completion of the module, students should be able to:
- Understand the different ways of defining and regulating the family;
- Appreciate the ways in which family law is shaped by social, moral and cultural
factors;
- Adopt new perspectives on contemporary issues in family law which are grounded
in children's rights, feminist theory, medical ethics and socio-legal theory.
Psychomotor (Physical Skills)
N/A
How the Module will be Taught and what will be the Learning Experiences of the Students:
The module will be taught using seminars, student presentations, formative and
summative assessments, and reflective feedback. Weekly two-hour seminars will
introduce students to contemporary issues in family law and will examine such
issues through the perspectives of children's rights, feminist theory, medical ethics
and socio-legal theory. Students will be assigned reading material in advance of each
seminar and will engage in self-directed study and class discussion to explore and
critically evaluate the issues arising.
The seminars will comprise of initial direct instruction by the lecturer to introduce
students to the topic under discussion. The legal and social issues addressed by the
lecturer in this manner will be informed by research undertaken by the lecturer in
the area of family law. This research will act as a springboard for class discussion.
Thereafter, students will be required to undertake their own research to seek and
discover new knowledge. Student presentations and class debates will be used to
allow students to critically engage with the material and to engage in collaborative
learning. Seminars may also be offered online.
Formative assessment and feedback on performance is integral to promoting the
learning objectives of this module. As such, a student will have a number of
opportunities to gain feedback on their knowledge and proficiency throughout the
module. Each student will give a short presentation on a piece of independent
research conducted by him/her on the topic under discussion in a particular seminar.
This will allow the student to seek out new knowledge and to share this knowledge
with his/her peers. The student will also receive comments and feedback on the
presentation from the lecturer and this will form part of the formative assessment
for this module. The presentations will be followed by a class discussion and debate
on the topic in question, facilitated by the lecturer.
Graduate Attributes:
This module will promote student knowledge and will enhance their capacity for
critical thinking. Through directed and independent research, students will address
practical issues arising in family law and will evaluate the need for law reform
nationally and internationally in child and family law and will demonstrate how
reform might be achieved.
The use of student presentations and class discussion will allow the students to
articulate independent research conducted by them and to clearly convey ideas to an
audience of their peers. This will result in collaborative learning where students will
learn from one another to reach creative solutions to practical problems. This
collaborative approach will also facilitate students in adopting a responsible and
engaged response to their learning and will encourage students to formulate
recommendations for legal and policy reform which aim to bring about positive
change in areas of family law.
Summative assessment will develop the students' skills in written communication
while also enhancing students' creativity in how they approach independent research.
Research Findings Incorporated in to the Syllabus (If Relevant):
Prime Texts:
Bainham (2005)
Children: The Modern
Law
, Family Law
Crowley (2013)
Family Law
, Round Hall
Diduck and Kaganas (2012)
Family Law, Gender and
the State: Text, Cases
and Materials
, Hart Publishing
Eekelaar and Nhlapo (2008)
The Changing Family:
Family Forms and
Family Law
, Hart Publishing
Fortin (2009)
Children's Rights and the
developing law
, Cambridge University Press
Golombok (2015)
Modern Families:
Parents and Children in
New Family Forms
, Cambridge University Press
Smart (2014)
The Ties that Bind: Law, Marriage and the Reproduction of Patriarchal Relations
, Routledge
Miles (2015)
Marriage Rights and Rites
, Hart Publishing
Other Relevant Texts:
Programme(s) in which this Module is Offered:
MLLAGETFA - (GENERAL)
MLLAGETPA - (GENERAL) P/T
MAHRCJTFA - HUMAN RIGHTS IN CRIMINAL JUSTICE
MAHRCJTPA - HUMAN RIGHTS IN CRIMINAL JUSTICE
MLHRCJTFA - HUMAN RIGHTS IN CRIMINAL JUSTICE
MLHRCJTPA - HUMAN RIGHTS IN CRIMINAL JUSTICE
Semester(s) Module is Offered:
Autumn
Spring
Module Leader: