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Module Code - Title:

LA6172 - ADVANCED FAMILY LAW: STANDPOINT AND RIGHTS-BASED PERSPECTIVES

Year Last Offered:

2024/5

Hours Per Week:

Lecture

2

Lab

0

Tutorial

0

Other

0

Private

13

Credits

9

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: