Postgraduate Course: Family Law in Comparative Perspectives (LAWS11359)
|School||School of Law
||College||College of Humanities and Social Science
|Credit level (Normal year taken)||SCQF Level 11 (Postgraduate)
||Availability||Available to all students
|Summary||This course will explore a range of topics from family law in a comparative context, looking at Scots law, English law, and two other jurisdictions (the specific jurisdictions may depend on the home jurisdictions of the students in the class). We will examine both the legal regulation and the theory behind the practice, and compare different approaches to regulation. Does family law in different jurisdictions seek to achieve the same ends through different means, or are there different ends evident? The very question of whether the state should get involved at all will also be addressed: is family life private life? If the state intervention is justified, should this be at the outset, or during the family life, or at the end of the relationship?
An indicative list of topics is as follows:
1. What is a family? What is family law? Why does the state regulate certain adult relationships?
2. Marriage and civil partnerships: who may get married or enter into a civil partnership? A comparative review of attitudes towards the state regulation of formally recognised relationships.
3. Cohabitation - is it regulated, and in what way? Can a couple contract out of the state regulation of cohabitation?
4. Financial provision at the end of a relationship (whether marriage, civil partnership, or cohabitation) - what does it seek to achieve? What should it seek to achieve?
5. Forced marriage - regulation and protection across Europe.
6. Parental status - who can be a parent? Different ways to create families, including donor conception, surrogacy and adoption.
Entry Requirements (not applicable to Visiting Students)
||Other requirements|| None
Information for Visiting Students
|High Demand Course?
Course Delivery Information
|Not being delivered|
On completion of this course, the student will be able to:
- understand different theories and aims of regulating family life in different jurisdictions;
- understand how those theories are sought to be realised through legislation
- understand specific topics of current relevance in family law
- have developed their knowledge of how a critical comparative approach can aid understanding.
|All readings will be provided in advance of class.|
|Graduate Attributes and Skills
||Skills and abilities in Research and Enquiry: Paper and online research, and the use of materials from other jurisdictions.
Skills and abilities in Communication: Students should have developed their skills in oral communication through participation in class, and written communication through preparation for class and through the assessment
Skills and abilities in Personal Effectiveness: Time management, communication, and personal autonomy
|Course organiser||Dr Gillian Black
Tel: (0131 6)50 9541
|Course secretary||Ms Olivia Hayes
Tel: (0131 6)50 9588