British Conservatism and the Legal Regulation of Intimate Relationships

Description

What does conservatism, as a body of political thought, say about the legal regulation of intimate relationships, and to what extent has this thought influenced the Conservative Party’s approach to family law? With this question as its focus, this book explores the relationship between family law, conservatism and the Conservative Party since the 1980s. Taking a politico- and socio-legal perspective, the discussion draws on an expansive reading of Hansard as well as recently released archival material. The study first sets out the political tradition of conservatism, relying largely on the work of Edmund Burke, before going on to analyse the discourse around the development of four crucial statutes in the field, namely: the Matrimonial and Family Proceedings Act 1984; the Family Law Act 1996; the Civil Partnership Act 2004; and the Marriage (Same Sex Couples) Act 2013. This work offers the first extended synthesis of family law, conservative political thought and Conservative Party politics, and as such provides significant new insight into how family law is made. Acknowledgements Table of Contents List of Abbreviations Table of Cases Table of Legislation 1. Introduction Justifications Boundaries and Questions Theoretical Framework Chapter Outline A Final Note 2. Conservatism and Family Law Introduction What is Conservatism? The Knowledge Principle The Change Principle Conservatism and the Family Concluding Remarks 3. Marriage and Divorce in Transition: The Matrimonial and Family Proceedings Act 1984 Introduction The Political Context: The New Right The Conservative Party and Family Policy Prior to the MFPA 1984 The Matrimonial and Family Proceedings Act 1984 Conclusion 4. Major Change?: Family Law and Policy in the Decade Following the Matrimonial and Family Proceedings Act 1984 Introduction The Major Premiership: Thatcherism After Thatcher? Family Law and Policy Prior to the Family Law Act 1996 Major Change?: Some Concluding Thoughts 5. Divorcing Rhetoric from Reality: The Family Law Act 1996 Introduction The Genesis of the Family Law Act 1996 Main Provisions of the Bill Analysis of the Bill in Parliament Reece and a Post-Liberal Interpretation of the FLA 1996 Concluding Thoughts 6. 'Commitment Rewarded': The Civil Partnership Act 2004 Introduction The Conservative Party and Homosexual Law Reform The Civil Partnership Act 2004: Marriage-Like, Not Marriage-Lite Concluding Remarks 7. An Unnatural Union?: British Conservatism and the Marriage (Same Sex Couples) Act 2013 Introduction From Civil Partnership to Same-Sex Marriage: A Short History The Background to the Bill The Main Features of the Marriage (Same Sex Couples) Bill Analysis of the Debates Concluding Remarks 8. Conclusion Question One Question Two Question Three Question Four Question Five Closing Comments Bibliography Index