IS THE TURN TOWARD COLLABORATIVE LAW A TURN AWAY FROM JUSTICE?

The new trend in Collaborative Family Law (CFL) in the United States and Canada raises new questions about theories of justice. CFL achieves many of the goals of a viable theory of justice and its implicit critique of the legal system is a valid one. However, it unnecessarily demonizes law and has yet to explicitly articulate where it fits in terms of its own theory of justice. After considering the claims made by CFL, it is apparent that while some are productive, others are problematic and should be discarded. Specifically, CFL's rejection of factual determinacy may be inappropriate in some cases. The CFL approach has the potential to ignore problems of power imbalance, and may sacrifice just outcomes for the sake of efficiency. The emphasis on relationships and the need for their protection is not always an appropriate approach, and in demonizing law in favor of private ordering, CFL unnecessarily rejects the importance of law as a site for public participation in the creation and defense of norms. CFL is an important step forward in law reform, but if it is to fulfill its potential, it needs to incorporate within its practice a theory of justice that avoids the pitfalls of liberal individualism and allows for the public authorship of norms.     

A descriptive study of juvenile family violence: Data from intervention order applications in a Childrens Court

There is increasing recognition that family violence may be perpetrated by juveniles against their parents and siblings, however empirical research regarding the nature and causes of such violence is relatively limited. This study examines juvenile family violence in the context of an Intervention Order (IO) being sought against a relative aged 18 years or less. All cases over a 3-year period involving an IO application in a major metropolitan Children's Court in Australia were analysed (n = 438). The majority of applicants/victims were parents (78%) and to a lesser extent siblings (11%) and other relatives (9%). Most parents who sought applications were mothers (63%) and one-parent households were over-represented (66%). The majority of defendants/perpetrators were male (69%), though juvenile females constituted a significant minority (31%). Intervention orders were sought to prohibit property damage (61%), physical assaults (59%) and/or threats (53%). According to the victim reports, these behaviours emerged in the context of prolonged behavioural problems (49%), a desire to intimidate the victim (12%) or retaliation (8%). While 44% of IO applications were granted, the majority were not (56%) due to the victim discontinuing the application prior to a formal hearing. Of the orders that were granted, a third (32%) were subsequently reported as having been breached. Juvenile family violence is a serious social problem that requires more systematic research to identify the correlates of this behaviour and effective interventions to prevent or reduce its occurrence.     

家族信托的法律困境与发展

2013年年初首个家族信托案例在中国大陆出现,受到了媒体和学界的关注.家族信托这个源自于英国的法律制度已经在世界很多国家长期承担着税务安排和家庭成员照料等功能,但我国法律界对其还没有深入研究.信托在我国现在还主是一种融资手段,并没有承担起财产管理的传统任务,所以对家族信托这种财产管理型信托的研究,有助于我国信托制度的整体发展和转型.本文考察了现有家族信托的形式和内容,研究了家族信托在传统和现代的功能,并分析了我国现有法律制度下,家族信托的立法空白和限制,在此基础上,结合我国家族信托的生长环境提出了改革的方向.     

从妇女生活与家庭结构变化看渔村变迁——基于流水镇沿海某渔村的调查

随着改革开放和中国社会经济的不断发展,近二十年来平潭沿海渔村发生了巨大的变化,从经济水平与产业格局,到人们的职业发展与生活水平,再到个体与家庭,都经历了变迁。渔村的变迁体现在家庭中夫妻关系,养老,子女教育等一系列变化上,本文试图通过描述这些变化来体现渔村变迁状况以及变迁带给渔民家庭的影响。     

Families and family structure in a Neo-Hellenic city: Hermoupolis in the mid-19th century

This article begins with the creation and development of the city of Hermoupolis and stresses its prominent economic role during the 19th century in the Greek state. It points out the problems of the official censuses and emphasizes the importance of the original source of the 1861 census of Hermoupolis, which was found in the city's municipal archives. It analyzes this source and offers some working hypotheses about the structure of households (where the dominant type is the simple family), the frequency of domestic servants, the wide spectrum of occupations, the origin of inhabitants, and social mobility based on 501 households (17%) representing 1901 individuals (17.52%) of the total for which we have information.     

从儒学存在的社会基础看其过去与未来

自从汉武帝将儒学定为一尊后,它一直是中国封建社会的指导思想.在诸子思想中,儒学之所以能成为统治思想,是因为它迎合了中国封建社会的经济结构.随着中国封建社会的逝去,儒学理所当然地退出了指导思想的舞台;在现今的时势下,要想返本开新,重新恢复儒学的思想指导地位,已无可能和必要.当然,儒学所提倡的一些伦理道德方面的思想主张和原则,在现今的生活中仍可发挥一定的启示和引导作用.     

公司治理的现实选择

公司治理无论从理论上还是实践上都已成为最重要的管理课题之一。主流的研究目标是通过科学合理的公司治理结构保护小股东的权益,而实践中并非只有大股东侵害小股东,中小股东通过内部人控制同样可以严重侵害大股东的利益。通过对治理结构的国际化比较,公司治理的现实选择应为:没有固定的模式;大股东有利益才能最终保护小股东;非经济因素对公司治理具有制约和促进的作用。     

It is Just Good Business: The Case for Supporting Reform in Divorce Court

This article examines the ways in which divorce and child custody proceedings can impact employee productivity and suggests that it behooves businesses to become involved in supporting efforts to improve the process—both as a matter of community service and because it can impact their bottom line. This article further outlines some improvements that are being implemented or considered in various jurisdictions.

Key Points for the Family Court Community
• Divorce does not just impact the parties and their children. It also impacts the work productivity of the individuals involved.
• The population of individuals seeking court involvement in child custody issues has changed, and new processes must be developed to address their needs.
• There are new ideas about how to restructure the divorce process in ways that could benefit both the individuals and their employers.