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Chapter

Cover Family Law

8. Legal Parenthood and Parental Responsibility  

Kirsty Horsey

While it might often seem obvious who the parents of a child are, the rules that govern legal parenthood can sometimes be quite complex. Following natural conception there are longstanding rules and presumptions that determine one’s legal parenthood. However, complexities come in some instances where children are born using assisted reproductive techniques or surrogacy (especially when using donor sperm or eggs), as then gestation and birth, genetic parenthood, and social parenthood may be fragmented. Different from legal parenthood, the concept of parental responsibility is also important, as this relates not to who the parents are, but what ‘rights, duties, powers and authority’ are held by adults in respect of particular children. Parental responsibility may be held by people who are neither the legal parents, nor are biologically related to the child, and it can be held by more than two people, each of whom can exercise it independently of the other(s).

Chapter

Cover Bromley's Family Law

13. Who has Parental Responsibility?  

N V Lowe, G Douglas, E Hitchings, and R Taylor

Having considered the content of parental responsibility in chapter 12, this chapter turns to its allocation. The chapter starts by explaining the allocation of parental responsibility automatically at the child’s birth and through registration on the birth certificate. It then turns to consider applications by unmarried, unregistered fathers for parental responsibility orders. The acquisition of parental responsibility by non-parents, including step-parents and local authorities is then outlined. Finally, it discusses the question of shared parental responsibility and how that responsibility may be exercised in the case of disagreement.

Chapter

Cover Essential Cases: Criminal Law

R v Dowds [2012] EWCA 2576, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Dowds [2012] EWCA 2576, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v Dowds [2012] EWCA 2576, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Dowds [2012] EWCA 2576, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Family Law

10. Parental Responsibility  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the concept of parental responsibility and its legal significance; the various legislative provisions dealing with who automatically holds parental responsibility, as well as how, and by whom, it may be acquired; the exercise of parental responsibility and the various restrictions that may be imposed on the decision-making authority of those who hold it; and the rights and responsibilities of those adults who care for a child but do not have parental responsibility.

Chapter

Cover Family Law

10. Parental Responsibility  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the concept of parental responsibility and its legal significance; the various legislative provisions dealing with who automatically holds parental responsibility, as well as how, and by whom, it may be acquired; the exercise of parental responsibility and the various restrictions that may be imposed on the decision-making authority of those who hold it; and the rights and responsibilities of those adults who care for a child but do not have parental responsibility.

Chapter

Cover International Law

10. State responsibility  

This chapter illustrates the concept of responsibility in international law. Within international law, the term ‘responsibility’ has long been understood to denote how fault or blame is attributable to a legal actor for the breach of an international legal obligation. State responsibility remains the archetypal and thus most developed form of international responsibility. Nevertheless, other international actors apart from States may also bear rights and obligations under international law. The result of such capacity is the potential to bear responsibility for a breach of an international legal obligation. International law also provides for what are termed ‘circumstances precluding wrongfulness’, through which an act which would normally be internationally wrongful is not deemed as such. In such situations, international responsibility is not engaged. These are akin to defences or excuses in municipal legal orders.

Chapter

Cover Cassese's International Law

12. International State Responsibility for Wrongful Acts  

Paola Gaeta, Jorge E. Viñuales, and Salvatore Zappalà

The chapter begins by discussing the history of the codification of the law of State responsibility. It then considers the current regulation of State responsibility, by distinguishing the ‘ordinary’ legal regime and the ‘aggravated’ State responsibility, and goes on to explore the main differences between the two regimes. It focuses on the elements of the internationally wrongful act, particularly on the attribution of conduct to a State and the relevance of fault and damage. In addition, it examines the circumstances which preclude wrongfulness and the consequences of the internationally wrongful act (with particular reference to the obligation to provide reparation).

Chapter

Cover Cases and Materials on Constitutional and Administrative Law

6. Parliament: Scrutiny of Government  

This chapter examines the operation of the UK’s parliamentary style of government, focusing on the role of Parliament in scrutinising the government. The chapter explains the crucial constitutional convention of ministerial responsibility to Parliament, using examples to demonstrate how it operates in practice. Having set out the principles, the chapter explores the practice of parliamentary scrutiny of government, including the role of select committees, debates and questions on the floor of the Commons, and the role of correspondence between MPs, their constituents, and the government. The chapter concludes by reviewing some reforms intended to re-balance power within Parliament, by strengthening the role of backbench MPs, creating a public petitions system to select topics for debate, and extending parliamentary oversight over public appointments.

Chapter

Cover Concentrate Questions and Answers Public Law

3. Prime Minister and Cabinet  

The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions, diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic, and suggestions on further reading. This chapter presents issues relating to the Prime Minister and the Cabinet. The sample questions given here deal with issues such as the extent to which the UK has moved from a system of Cabinet government to a system of Prime Ministerial government; collective ministerial responsibility; and how the convention of individual ministerial responsibility operates in relation to departmental error.

Chapter

Cover Complete Criminal Law

6. Defences of incapacity and mental conditions  

This chapter examines the use of incapacity and mental condition defences for criminal offences in England and Wales. It discusses the general principles of the excusatory defence of insanity and of automatism as distinct from diminished responsibility and explores the notion that insanity is out of date and unrelated to contemporary classifications of mental illness. It considers whether insanity can be pleaded for all crimes and explains that intoxication will rarely reduce criminal liability. It explains and clarifies the Majewski rule and how it works. It also considers intoxicated mistake. The chapter evaluates arguments for and against the age of criminal responsibility and analyses court decisions in relevant cases.

Chapter

Cover International Law

14. The Character and Forms of International Responsibility  

James Crawford and Simon Olleson

This chapter begins with an overview of the different forms of responsibility/liability in international law, and then focuses on the general character of State responsibility. The law of State responsibility deals with three general questions: (1) has there been a breach by a State of an international obligation; (2) what are the consequences of the breach in terms of cessation and reparation; and (3) who may seek reparation or otherwise respond to the breach as such, and in what ways? As to the first question, the chapter discusses the constituent elements of attribution and breach, as well as the possible justifications or excuses that may preclude responsibility. The second question concerns the various secondary obligations that arise upon the commission of an internationally wrongful act by a State, and in particular the forms of reparation. The third question concerns issues of invocation of responsibility, including the taking of countermeasures.

Chapter

Cover Smith, Hogan, and Ormerod's Criminal Law

13. Voluntary manslaughter  

David Ormerod and Karl Laird

Manslaughter is defined by common law as any unlawful homicide that is not murder. The offence is limited by murder at one extreme and accidental killing at the other. Manslaughter can be either ‘voluntary’ or ‘involuntary’. This chapter deals with voluntary manslaughter: this occurs when someone had the intention to kill or do grievous bodily harm, but relies on a partial defence to murder. The two partial defences considered in this chapter are loss of self- control and diminished responsibility (suicide pact is dealt with in Ch 15). This chapter scrutinizes the defences available to the accused and in particular the developing case law under the Coroners and Justice Act 2009 on loss of control and diminished responsibility, including the Supreme Court’s decision in Golds and the series of Court of Appeal cases since that decision.

Chapter

Cover Markesinis & Deakin's Tort Law

1. Introduction  

This introductory chapter first reviews the current state of the law of tort. It discusses the increase in tort claims due to our greater ability to cause more and greater harm and our reduced willingness to put up with the normal vicissitudes of life. It considers the law of individual responsibility. It suggests that tort law is becoming by the day a more complex set of rules than it ever was, where national law mixes with legal ideas emanating from foreign jurisdictions. Tort law rules are also becoming intermingled with those from other branches of English law. The second part of the chapter discusses the relationship between tort and contract.

Chapter

Cover Tort Law

8. Limitation and Contribution  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the principles of contribution and their effect on the remedies that can be obtained by a successful claimant, as well as the statutory rules of ‘limitation’ that govern the time-barring of claims. The liability of more than one party for ‘the same damage’ is discussed, together with the apportionment of responsibility for the damage. Relevant provisions found in the Civil Liability (Contribution) Act 1978 and the Limitation Act 1980 are also considered.

Chapter

Cover Constitutional and Administrative Law

10. Constitutional conventions  

After the legal sources of the UK constitution considered in previous chapters, this chapter turns its attention to an important non-legal source of the UK constitution: its constitutional conventions. It will be shown that constitutional conventions relate to practical and significant political matters which allow the UK constitution to function. They also represent a means by which the executive branch can be made accountable for its actions. The discussion explores the nature of constitutional conventions, gives examples of constitutional conventions, such as ministerial responsibility, enforcing conventions, the Cabinet Manual, and investigates the courts and conventions. Codification of conventions and the importance of conventions in relation to devolution is also discussed.

Chapter

Cover Medical Law and Ethics

5. Children and Medicine  

This chapter explores how the law deals with cases involving children receiving medical care. It considers the circumstances in which children have capacity to consent to treatment. It explores the case law in cases where there is disagreement between parents and children over health care. It also looks at difficult cases where parents and doctors disagree on how to treat very sick children. The way the courts interpret the best interests of the child are examined. The chapter also explores the ethical and legal issues around the vaccination of children. The broader issue of whether there should be limits on the rights of children and the extent to which parents can determine what is in the best interests of the child are examined.

Book

Cover Family Law

Edited by Ruth Lamont

Family Law offers a contextual and critical examination of the subject, discussing areas of debate and controversy. Topics include: family life and the law; marriage, civil partnership, and cohabitation; seeking a divorce; and property division on divorce. It also examines property division on the breakdown of non-marital relationships; child support; domestic violence and abuse; and legal parenthood and parental responsibility. It moves on to look at private child law, public law child protection, adoption; and human rights and children’s rights in the family. Finally, it considers international family law and family law in practice.

Chapter

Cover Business Law

8. Terms of a Contract  

This chapter focuses on the terms or details of a contractual agreement, and considers the implications of what the parties intend to include in the agreement, what they did not mean to be included in the contract, and what significance different terms may have in the contract. It distinguishes between the terms of a contract and representations, and considers whether, when a term has been identified as such, it is a ‘condition’ or a ‘warranty’. The chapter then studies how terms are implied into the contract and how this affects terms that have been expressed. It concludes by examining how parties may seek to exclude or limit a legal responsibility through the incorporation of an exclusion clause.

Chapter

Cover Legal Ethics

13. Business ethics  

This chapter examines the issue of business ethics. It first explains why business ethics matter. It then considers the notion of notion of corporate responsibility, and sets out policies and practices to ensure that businesses have an ethical dimension to their decision-making. The chapter explores the role of businesses in promoting worldwide social goods. It also considers the role of the lawyer in helping businesses to behave in an ethical way. This can be a particular challenge for in-house lawyers who may find a tension between their role as an employee of a firm and as a voice to ensure good practice.