27,963 research outputs found

    Writing (gay and lesbian) wills

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    This article presents some of the findings of an empirical research project that explored writing wills for gay men and lesbians. The research aimed to examine the extent to which wills might contribute to sociological debates about alternative kinships and intimate citizenship. While the overarching aim of the project was an interest in the contents of the wills (which is to say the intentions of the testators), it also revealed the influence of the lawyers on the contents of the wills and the extent to which changes in legal practice in England have impacted on the place of will-drafting within the legal profession. Exploring this throws light on the extent to which wills express the authentic voice of a testator and raises questions about access to qualified will writers. Turning to the content of the wills, the place of ‘god children’ or children of friends’ is examined. While a very particular type of beneficiary, the focus provides a space for thinking more widely about the construction of the ‘inheritance families’ of gay men and lesbians

    Re G (Children) (Residence: Same-Sex Partner)

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    From book synopsis: While feminist legal scholarship has thrived within universities and in some sectors of legal practice, it has yet to have much impact within the judiciary or on judicial thinking. Thus, while feminist legal scholarship has generated comprehensive critiques of existing legal doctrine, there has been little opportunity to test or apply feminist knowledge in practice, in decisions in individual cases. In this book, a group of feminist legal scholars put theory into practice in judgment form, by writing the 'missing' feminist judgments in key cases. The cases chosen are significant decisions in English law across a broad range of substantive areas. The cases originate from a variety of levels but are primarily opinions of the Court of Appeal or the House of Lords. In some instances they are written in a fictitious appeal, but in others they are written as an additional concurring or dissenting judgment in the original case, providing a powerful illustration of the way in which the case could have been decided differently, even at the time it was heard. Each case is accompanied by a commentary which renders the judgment accessible to a non-specialist audience. The commentary explains the original decision, its background and doctrinal significance, the issues it raises, and how the feminist judgment deals with them differently. The books also includes chapters examining the theoretical and conceptual issues raised by the process and practice of feminist judging, and by the judgments themselves, including the possibility of divergent feminist approaches to legal decision-making

    Life without theory: biography as an exemplar of philosophical understanding

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    This article discusses recent attempts to provide the genre of biography with a philosophical, theoretical foundation and attempts to show that such efforts are fundamentally misguided. Biography is, I argue, a profoundly nontheoretical activity, and this, precisely, makes it philosophically interesting. Instead of looking to philosophy to provide a theory of biography, we should, I maintain, look to biography to provide a crucially important example and model of what Ludwig Wittgenstein called "the kind of understanding that consists in seeing connections." This kind of understanding stands in sharp contrast to the theoretical understanding provided by science and is, Wittgenstein maintained, what we as philosophers are, or should be, striving for
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