Summary: The aim of this essay is to understand the scope and formulation of family law principles according to established precedents in the English legal system. Compared to other legal discussions, several experts describe family law as a relative function of ethics, changing socio-political norms, economic decisions and sensitive issues (Carbonne, 2000; Esposito, 1982; Frier & Ginn, 2004; Sutherland & McCall-Smith, 1990) such as child-rearing, abortion etc…
Family law is a diverse field of study. In order to cover the full range of subjects associated with its research, my primary focus is on discussing the impact of such a study on a variety of disciplines affected by its impact: with this aim in mind I have attempted to test a central hypothesis (or research question) which would aid in deciding the course of action for better evaluation of the family law concept. Using established sources for feasibility study (Hasday, 2004; Stark, 2006; Rocher, 2003; Elardo, 2002; Abu-Odeh, 2004), the following research question has been tested in this essay: Family law is dynamic, in a constant state of flux and its mechanisms are governed by the legal traditions in which they are formulated1. In my study, I shall focus on English Common Law as the basis for this methodological evaluation. Doing it would require a detailed grasp of the following evaluation parameters which have been tested for their relevance to our study (see below).
1 Refer the following sources for a comparative analysis of main research parameters covered under study: Hasday, 2004; Stark, 2006; Rocher, 2003; Elardo, 2002; Abu-Odeh, 2004
Literature Review/research parameters:
As has been discussed in our evaluation scenario, English Common Law is the basis for understanding the legal traditions within which this area of study operates. Since family law is a diverse concept, the following elements are within the scope of study (Carbonne, 2000; Esposito, 1982; Frier & Ginn, 2004; Sutherland & McCall-Smith, 1990):
1. Entering marriage: Marriage as a contract or a status and their statutory requirements. In this section, we'll mainly look at the main legal requirements of a common law marriage.
2. Legal consequences of marriage (abortion): Pregnancy and abortion are issues that hold a lot of importance to .
3. Changing marriage norms: Here we shall take a look into civil unions covering themes such as same sex marriage, rights/responsibilities and their implications.
4. Conception of children: Controversial concepts such as sterilization and surrogate parenthood are covered under this theme. Also, paternity testing is discussed.
5. Domestic violence and other family disputes: This is an important area of family law in which different ethical constraints are evaluated for common research scope studies.
6. Child supervision: This covers areas such as parental supervision, child abuse and foster care.
7. Adoption: The legal consequences of adoption have been discussed for understanding the dynamic changes brought into the system through an ...
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