British Conservatism and the Legal Regulation of Intimate Relationships

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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 Partys 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. Runner up of the 2020 PSA Conservatism Studies Book Prize.

Reviews

In short, for those seeking to support or oppose reform, or to simply glean a better understanding of how family law is made, British Conservatism and the Legal Regulation of Intimate Relationships is required reading. -- Sharon Thompson, Cardiff University * Child and Family Law Quarterly *
at its excellent best when using plain language to assess the fruits of the author's definitive surveys of what its prime subjects actually wrote and said. -- Chris Barton, Emeritus Professor of Family Law, Staffordshire University * Modern Law Review *
an absolutely fascinating, scholarly book. -- Hilary Sommerlad, University of Leeds * Journal of Social Welfare and Family Law *
Gilberts political analysis is engaging and insightful. His accounts of various conservative positions are lucid, and his critiques of them valid and plausibly argued. -- Ken Fox, Law Society of Saskatchewan Library * Canadian Law Library Review *

Author Bio

Andrew Gilbert is a Principal Lecturer at Anglia Ruskin University, Cambridge.