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This paper traces the history of the "legal family" in Canada, the development of the laws governing marriage and the recognition of other familial relationships, and discusses some of the challenges presently facing lawmakers, both legislators and judges, in this area. One theme of this paper is that marriage and the family are not static institutions, but rather their social and legal significance have changed over the course of history in response to changing beliefs, values, behaviors, social structures, technology and demographics. Another theme is that the broad movement towards formal gender equality has had a profound effect on the legal treatment of marriage and the family. However, in most contemporary marriages there is still a differentiation of gender roles, and women continue to be vulnerable in the event of separation. Familial relationships based on marriage and biological ties are still very significant in Canada, but there is more social and legal recognition of a range of non-traditional familial relationships than in most other countries, including non-marital opposite-sex cohabitation, same-sex marriage, social parentage and more recently multiple parentage arising from the use of artificial reproductive technology. Despite the recognition of a more diverse range of family forms, and the adoption of a functional and flexible approach to the definition of legally significant familial relationships, monogamous conjugality is likely to remain a central concept of Canadian law, and Canada seems unlikely to extend legal recognition to polygamy.
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This article explores issues associated with mutual claims of domestic violence in the context of research on gender and violence, and in the context of litigation tactics commonly employed by perpetrators in child custody and access cases. Quotations from parents involved in such cases illustrate why accurate assessment of mutual cliams requires complete information about social context and the analysis of patterns of domination, power and control in the relationship over time. Recent developments in Canadian law ought to enhance the ability of judges to take such evidence into account. The article aims to provide a lens through which to understand and assess such cases.
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A growing body of empirical research has demonstrated that intimate partner violence is not a unitary phenomenon and that types of domestic violence can be differentiated with respect to partner dynamics, context, and consequences. Four patterns of violence are described: Coercive Controlling Violence, Violent Resistance, Situational Couple Violence, and Separation-Instigated Violence. The controversial matter of gender symmetry and asymmetry in intimate partner violence is discussed in terms of sampling differences and methodological limitations. Implications of differentiation among types of domestic violence include the need for improved screening measures and procedures in civil, family, and criminal court and the possibility of better decision making, appropriate sanctions, and more effective treatment programs tailored to the characteristics of different types of partner violence. In family court, reliable differentiation should provide the basis for determining what safeguards are necessary and what types of parenting plans are appropriate to ensure healthy outcomes for children and parent–child relationships.
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"The law of torts is concerned with the secondary obligations generated by the infringement of primary rights. This work seeks to show that this apparently simple proposition enables us to understand the law of torts as found in the common Jaw." "Using primarily English materials, but drawing heavily upon the law of other common law jurisdictions, Stevens seeks to give an account of the law of torts which relies upon the core material familiar to most students and practitioners with a grasp of the law of torts. This material is drawn together in support of a single argument in a provocative and accessible style, and puts forward a new theoretical model for analysing the law of torts, providing an overarching framework for radically reconceiving the subject."--BOOK JACKET.
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"Despite its great achievements, the domestic violence revolution is stalled, Evan Stark argues, a provocative conclusion he documents by showing that interventions have failed to improve women's long-term safety in relationships or to hold perpetrators accountable. Stark traces this failure to a startling paradox, that the singular focus on violence against women masks an even more devastating reality. In millions of abusive relationships, men use a largely unidentified form of subjugation that more closely resembles kidnapping or indentured servitude than assault. He calls this pattern "coercive control." Drawing on sources that range from FBI statistics and film to dozens of actual cases from his thirty years of experience as an award-winning researcher, advocate, and forensic expert, Stark shows in terrifying detail how men can use coercive control to extend their dominance over time and through social space in ways that subvert women's autonomy, isolate them, and infiltrate the most intimate corners of their lives. Against this backdrop, Stark analyzes the cases of three women tried for crimes committed in the context of abuse, showing that their reactions are only intelligible when they are reframed as victims of coercive control rather than as "battered wives."" "Elevating coercive control from a second-class misdemeanor to a human rights violation, Stark explains why law, policy, and advocacy must shift their focus to emphasize how coercive control jeopardizes women's freedom in everyday life. Fiercely argued and eminently readable, Stark's work is certain to breathe new life into the domestic violence revolution."--BOOK JACKET.
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