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Child and Family Law Quarterly£240.00
"The final professional word for the practitioner in family and child law"
Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers
* Call 0330 161 1234 to find out more about online services
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- Open Access
Edited by leading family law academics, supported by a distinguished editorial board and peer reviewed for excellence, this is an invaluable resource for all practitioners, academics and policy makers both in the UK and abroad.
It provides a unique multi-disciplinary forum for the publication of high quality research material, analysis and commentary and is at the very heart of the debate of all prominent developments in family law today.
It covers such matters as:
- International family law
- Child protection
- Child support
- Family finance and property
- Divorce reform
- Human rights
- Welfare benefits
- Immigration issues
- Parentage and parental responsibility
- In depth articles written by experts for all relevant disciplines
- Detailed case commentaries on significant court decisions
- Latest research findings discussed and analysed in cutting edge reports
- Four issues a year discussing all important developments with a strong international dimension
- A tribute to Helen Reece Daniel Monk
- Was there, is there and should there be a presumption against deviant parents? Helen Reece
- Treading a tightrope: the fragility of family and religious minority rights in the jurisprudence of the European Court of Human Rights Brigitte Clark
- The adequacy of remedies in respect of unsubstantiated accusations of child abuse Lauren Devine
- ‘Leaving no stone unturned’: contesting the medical care of a seriously ill child
- Prenuptial Agreements and the Presumption of Free Choice: Issues of Power in Theory and Practice, Sharon Thompson Chris Barton
"It has been 25 years since the “Child and Family Law Quarterly” first appeared and in that time the journal has achieved pre-eminence as one of the leading authorities in Family Law both within the United Kingdom and internationally because the issues are often of global significance and application ... The value of “Child and Family Law Quarterly” lies in its depth, its currency and that special blend of both its practical and the academic aspects which give our professional advice just that extra bit of expertise to keep us at the top of our game ... The Quarterly is a publication that you cannot afford to ignore today as the complexities of family law deepen with the necessary reforms which are taking place nationally and internationally… and you cannot afford to be without it!"Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
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Gillian Douglas, Professor of Law, Cardiff School of Law and Politics, Cardiff University
Jonathan Herring, Professor of Law, Exeter College, Oxford
Rebecca Probert, Professor of Law, University of Warwick
Stephen Gilmore, Professor of Family Law, King’s College London
Jo Miles, Fellow in Law, Trinity College, Cambridge
Daniel Monk, Reader in Law, Birkbeck, University of London
Book Reviews Editor
Ruth Lamont, Senior Lecturer in Child and Family Law, University of Manchester
Rebecca Bailey-Harris, Barrister and Professor Emeritus, University of Bristol
Tim Bateman, Reader in Youth Justice, University of Bedfordshire
Lady Justice Black, Court of Appeal
Luke Clemens, Professor of Law, Cardiff School of Law and Politics, Cardiff University
Baroness Deech of Cumnor
Jane Fortin, Emeritus Professor of Law, Sussex Law School, University of Sussex
Baroness Hale of Richmond, Justice of the Supreme Court
Mary Hayes, Emeritus Professor of Law, University of Sheffield
Joan Hunt, Senior Research Fellow, University of Oxford
Rosemary Hunter, Professor of and Socio-Legal Studies, School of Law, Queen Mary University of London
Nigel Lowe, Emeritus Professor, Cardiff School of Law and Politics, Cardiff University
Mr Justice MacDonald, Family Division, High Court
Mavis Maclean, Senior Research Fellow, University of Oxford
Sir James Munby, President of the Family Division
Neil Perot, Solicitor
Christine Piper, Professor of Law, Brunel University
Tel: +44 (0)330 161 1234
Vulnerabilityand capacity to consent to sex – asking the right questions?
Keywords: Vulnerability – MentalCapacity Act 2005 – consent to sex – sexual autonomy – capabilities
The burgeoning body of literature seeking to conceptualisevulnerability has provoked new and interesting perspectives for legal and ethicaldebates. Commentators are beginning to explore the potential for vulnerabilitytheories in various contexts and to challenge prevailing attitudes and acceptedbeliefs in doing so. This article seeks to add to this growing body ofdiscourse by examining the recent legal developments in the context of capacityto consent to sexual relations. It will be suggested that, viewed through thelens of vulnerability, the current judicial approach takes a narrow, individualisedstance which obscures many of the situational and relational dynamics whichinteract and shape the landscape of consent to sexual relations. Moreover, and perhapsmore importantly, it is argued that the current legal response here does not facilitateresilience and sexual autonomy, despite judicial statements to the contrary. Throughuncovering the situational and pathogenic factors which are otherwise obscuredby an approach hinging on the concept of mental capacity, the vulnerability approachopens up space for debates about the appropriate legal response to foster resilienceand capabilities.
Emerging theories on vulnerability have the potential to reinvigoratelegal and ethical discourse in various contexts, inviting a shift in thinkingaway from vulnerability as a characteristic inherent in certain individuals, towardsseeing it as a universal concern which impacts on all human beings.1 As Susan Dodds puts it:
‘Attentionto vulnerability . . . changes citizen’s ethical relations from those of independentactors carving out realms of rights against each other and the state, to thoseof mutually-dependent and vulnerable-exposed beings whose capacities to developas subjects are directly and indirectly mediated by the conditions around them.’
Thisrenewed focus on the universal nature of vulnerability provides the basis for argumentsagainst traditional liberal and individualistic understandings of autonomy as non-interference,and instead pays heed to the fundamental role of relational and situationaldynamics in facilitating autonomy and resilience.
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All submissions and editorial correspondence should be sent to the Journals Manager: email@example.com
Contributions can only be accepted provided that all copyright clearances have been obtained by the author.
Material should be supplied electronically. Electronic format is preferred in MS Word for Windows by email. Documents prepared on a Macintosh must be converted for Windows compatibility.
Author's name should appear after the submission title with an asterisk. Your position and affilitiation should appear next to the asterisk above your first footnote at the bottom of the first page of your main text. Full address(es) for receipt of proofs and payment should be given separately.
Proofs, Payment and Offprints
Proofs are sent to the first named author only. It is that author's responsibility to liaise with any co-author(s) with regard to proof corrections. Upon publication each author will be sent a copy of that issue, 25 free offprints, and a letter detailing payment. Payment will be made to the first named author, in full, shortly after receipt of that letter. Again, it is that author's responsibility to split the cheque between any co-author(s).
The preferred house style is available for download, please click here.
Please note that CFLQ does NOT use the Harvard style of referencing. Authors should ensure that all citations and references are complete and accurate and that any cross-references to pages or footnotes are completed correctly. In particular, it is important to provide precise page references for all quotations and references to statistics.
The footnote/endnote feature of Microsoft Word for Windows should be used in submitted material.
Open Access policy
Our Open Access policy is fully compliant with policies of both the Higher Education Funding Council for England (HEFCE) and Research Councils UK (RCUK) guidelines. For details, please consult the Open Access tab.
Child and Family Law Quarterly is now available on the Social Science Research Network (SSRN) and HeinOnline. SSRN is devoted to the rapid worldwide dissemination of social science research. HeinOnline is a premier online research product with more than 70 million pages of legal history available in an online, fully-searchable, image-based format.
£240.00 + p&p
4 issues per year
Jordan Publishing is pleased to implement its Open Access policy as follows. Although we primarily publish reference works, we do publish an important scholarly journal, Child and Family Law Quarterly (CFLQ), as part of our portfolio. We are sensitive to the fact that academic authors considering submission to CFLQ are affected by new funding and open access rules, and we wish to support them by removing any barriers to their submitting articles to the journal.
Our Open Access policy is therefore fully compliant with policies of the four Higher Education Funding Councils for the UK and Research Councils UK (RCUK) guidelines. As of 29 July 2014, for qualifying submissions, we will offer a “Green OA” option for authors’ articles upon acceptance, where the author is subject to an open access mandate. Authors will pay no publication fee, and we will make a copy of the published article (“version of record”) freely available on our website after an embargo period consistent with the author’s funding agency’s requirements, under a Creative Commons Attribution-Non Commercial (CC-BY-NC) licence. We will also provide authors a copy of the accepted manuscript (“post print”) so they can discharge their obligations for deposit in repositories as necessary.
Applicable Open Access coverage
UK-based authors are assumed to be covered by funding from one of the four HK Higher Education Funding Councils, unless they state otherwise when submitting an article. UK-based authors who are also funded by one of the RCUK’s bodies should indicate which on submission. Non-UK based authors should contact the editors to discuss whether any open access mandate may apply. All articles and case commentaries submitted after 29 July 2014 will be covered by the CFLQ open access arrangements. Book reviews are not covered. Authors should contact the editors if they have requests for book reviews to be included.
Deposit guidelines for authors
Once the CFLQ editors accept an article for publication, Jordan Publishing will email the author a copy of the Accepted Manuscript ("post-print") which can be used for deposit in an institutional repository on the conditions that: (i) the relevant embargo period is applied to the full text of the article (typically 24 months, or 12 months for AHRC or ESRC funded research); (ii) the article is made available under a CC-BY-NC licence; and (iii) the Publisher's Information at the top of the article is reproduced along with the article's openly available information (which also include title, author names, affiliations and abstract, where available). We advise all authors to consult their institutions for specific advice about Open Access guidelines which apply to them.
Further guidance may be sought from the Journals Manager if necessary.
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