Lucinda Ferguson
Biographic Data
| ID | 4976328 |
|---|---|
| NAME | Lucinda Ferguson |
| GIVEN NAMES | Lucinda |
| FAMILY NAME | Ferguson |
| SIGNATURE | FERGUSON L |
| AFFILIATIONS | University of Oxford |
| ORCID | 0000-0003-1958-2576 |
| VERIFIED | Yes |
| TOTAL WORKS | 10 |
| TOTAL CITATIONS | 18 |
| WORKS AS AUTHOR | 9 |
| WORKS AS EDITOR | 1 |
| FIRST PUBLICATION YEAR | 2004 |
| LATEST PUBLICATION YEAR | 2018 |
| H-INDEX | 3 |
Philosophical Foundations of Children's and Family Law
This volume brings together new essays in law and philosophy on a broad range of topics in children’s and family law. It is the first volume to bring together essays by legal scholars and philosophers for an integrated, critical analysis of key issues in this area, marking the ‘coming of age’ of the comparatively new field of family law. Debates in children’s and family law are at once theoretical and empirical in nature. Not only does children’s…
Moral and Legal Obligations to Support ‘Family’
We have various kinds of moral obligations to take care of those to whom we stand in intimate relationships, and, for many of us, some of those whom we consider family are among our most important intimates. These moral obligations have various grounds; some are unique to intimate relationships while others also occur in non-intimate relationships. Given the centrality of intimate relationships and their attendant moral obligations to our lives, …
Hard divorces make bad law
Keywords: Matrimonial Causes Act 1973, s1contested application for a decree nisiunreasonable behaviourno fault divorce
The denial of opposite-sex couples’ access to civil partnership as discrimination
As a result of the extension of marriage via the Marriage (Same Sex Couples) Act 2013, same-sex couples can choose whether to secure formal legal recognition of their relationship via marriage or civil partnership. In Steinfeld and Keidan v Secretary of State for Education [2016] EWHC 128 (Admin), the claimant couple argued that sections 1 and 3(1)(a) of the Civil Partnership Act 2004, which restrict eligibility to enter into civil partnership to…
Arbitral Awards
The High Court's decision in S v S [2014] EWHC 7 (Fam) is the first to give judicial endorsement to the Institute of Family Law Arbitrators' (IFLA) arbitration scheme for parties to resolve the fin
Arbitration in financial dispute resolution
In this article, I argue for caution in embracing family arbitration as a new form of private ordering for resolving parties' financial disputes. I explain that family arbitration may be more successful than other forms of private ordering and final court hearings in enabling certain types of parties to resolve certain types of disputes. I consider why family arbitration may not become numerically significant despite its potential benefits, but m…
Not merely rights for children but children’s rights
This article aims to reinvigorate the debate over the nature and value of the claim that children have children’s rights. Whilst the language of rights and children’s rights continues to be widely employed, and even relied upon, in many situations involving the legal regulation of children we lack strong child-centred evidence that it is better to regulate children through the lens of children’s rights, rather than their ‘best interests’ or in te…
Family justice in hard times
This paper presents the views of scholars from Australia, Canada, Scotland, France and Sweden on the current working of the Family Justice system in England and Wales, and comparing the experience here with those using the system in their own jurisdiction using vignettes describing a typical divorce and child protection case. The authors identify any special features of their own system which might be of interest here
Family, Social Inequalities, and the Persuasive Force of Interpersonal Obligation
To date, the privatization of the costs of social inequalities for women and children has been criticized predominantly from a policy perspective. This article seeks to make a stronger case against remedying social inequalities through private law obligations by addressing the theoretical difficulties with such privatization with a particular focus on familial obligations. I take my core examples from the current Canadian understanding of the spo…
The End of an Age
Not merely rights for children but children’s rights
This article aims to reinvigorate the debate over the nature and value of the claim that children have children’s rights. Whilst the language of rights and children’s rights continues to be widely employed, and even relied upon, in many situations involving the legal regulation of children we lack strong child-centred evidence that it is better to regulate children through the lens of children’s rights, rather than their ‘best interests’ or in te…
Arbitration in financial dispute resolution
In this article, I argue for caution in embracing family arbitration as a new form of private ordering for resolving parties' financial disputes. I explain that family arbitration may be more successful than other forms of private ordering and final court hearings in enabling certain types of parties to resolve certain types of disputes. I consider why family arbitration may not become numerically significant despite its potential benefits, but m…
Family, Social Inequalities, and the Persuasive Force of Interpersonal Obligation
To date, the privatization of the costs of social inequalities for women and children has been criticized predominantly from a policy perspective. This article seeks to make a stronger case against remedying social inequalities through private law obligations by addressing the theoretical difficulties with such privatization with a particular focus on familial obligations. I take my core examples from the current Canadian understanding of the spo…
The denial of opposite-sex couples’ access to civil partnership as discrimination
As a result of the extension of marriage via the Marriage (Same Sex Couples) Act 2013, same-sex couples can choose whether to secure formal legal recognition of their relationship via marriage or civil partnership. In Steinfeld and Keidan v Secretary of State for Education [2016] EWHC 128 (Admin), the claimant couple argued that sections 1 and 3(1)(a) of the Civil Partnership Act 2004, which restrict eligibility to enter into civil partnership to…
Arbitral Awards
The High Court's decision in S v S [2014] EWHC 7 (Fam) is the first to give judicial endorsement to the Institute of Family Law Arbitrators' (IFLA) arbitration scheme for parties to resolve the fin
The End of an Age
Family, Social Inequalities, and the Persuasive Force of Interpersonal Obligation
To date, the privatization of the costs of social inequalities for women and children has been criticized predominantly from a policy perspective. This article seeks to make a stronger case against remedying social inequalities through private law obligations by addressing the theoretical difficulties with such privatization with a particular focus on familial obligations. I take my core examples from the current Canadian understanding of the spo…
Family justice in hard times
This paper presents the views of scholars from Australia, Canada, Scotland, France and Sweden on the current working of the Family Justice system in England and Wales, and comparing the experience here with those using the system in their own jurisdiction using vignettes describing a typical divorce and child protection case. The authors identify any special features of their own system which might be of interest here
Arbitration in financial dispute resolution
In this article, I argue for caution in embracing family arbitration as a new form of private ordering for resolving parties' financial disputes. I explain that family arbitration may be more successful than other forms of private ordering and final court hearings in enabling certain types of parties to resolve certain types of disputes. I consider why family arbitration may not become numerically significant despite its potential benefits, but m…
Not merely rights for children but children’s rights
This article aims to reinvigorate the debate over the nature and value of the claim that children have children’s rights. Whilst the language of rights and children’s rights continues to be widely employed, and even relied upon, in many situations involving the legal regulation of children we lack strong child-centred evidence that it is better to regulate children through the lens of children’s rights, rather than their ‘best interests’ or in te…
Arbitral Awards
The High Court's decision in S v S [2014] EWHC 7 (Fam) is the first to give judicial endorsement to the Institute of Family Law Arbitrators' (IFLA) arbitration scheme for parties to resolve the fin
The denial of opposite-sex couples’ access to civil partnership as discrimination
As a result of the extension of marriage via the Marriage (Same Sex Couples) Act 2013, same-sex couples can choose whether to secure formal legal recognition of their relationship via marriage or civil partnership. In Steinfeld and Keidan v Secretary of State for Education [2016] EWHC 128 (Admin), the claimant couple argued that sections 1 and 3(1)(a) of the Civil Partnership Act 2004, which restrict eligibility to enter into civil partnership to…
Hard divorces make bad law
Keywords: Matrimonial Causes Act 1973, s1contested application for a decree nisiunreasonable behaviourno fault divorce
Philosophical Foundations of Children's and Family Law
This volume brings together new essays in law and philosophy on a broad range of topics in children’s and family law. It is the first volume to bring together essays by legal scholars and philosophers for an integrated, critical analysis of key issues in this area, marking the ‘coming of age’ of the comparatively new field of family law. Debates in children’s and family law are at once theoretical and empirical in nature. Not only does children’s…
Moral and Legal Obligations to Support ‘Family’
We have various kinds of moral obligations to take care of those to whom we stand in intimate relationships, and, for many of us, some of those whom we consider family are among our most important intimates. These moral obligations have various grounds; some are unique to intimate relationships while others also occur in non-intimate relationships. Given the centrality of intimate relationships and their attendant moral obligations to our lives, …
Law (10 works) · Political science (10 works) · Law (7 works) · Multicultural Socio-Legal Studies (7 works) · Sociology (6 works) · Business (5 works) · Law and economics (5 works) · Psychology (5 works) · Family law (4 works) · Conflict of Laws and Jurisdiction (3 works)