Maebh Harding

This book focuses on the development of marriage law in Ireland from 1937 to the present day, examining the relevant historical legal background to changes in the law in the 20th and early 21st centuries. It draws on legal sources and historical and empirical evidence about the reality of family life in Ireland, to raise broader questions about the appropriate role of law in establishing, preserving and developing inclusive social understandings of marriage. The impact of accurate empirical data about family life, external international influence and sustained activism as drivers in achieving meaningful social change is also evaluated. This original viewpoint highlights the initial ideological importance of marriage regulation in Ireland and its connection to national identity in a Catholic country. Historically, asymmetric social rules concerning marriage allowed those in power to favour particular religious groups; first the Protestant elite and then the Roman Catholic majority. Protecting a Catholic idea of marriage was an important consideration when drafting the founding documents of the Irish state. Article 41.3.1 of the 1937 Irish Constitution enshrines the institution of marriage as the only recognised basis for the family and pledges to protect marriage from 'attack'. This protection has acted throughout the late 20th and early 21st centuries both as a basis for liberal judicial development of family law principles and an obstacle to meaningful statutory modernisation, fossilising a traditional understanding of marriage as the bedrock of Irish family law. Up until the end of the 20th century, the state's 'secular' understanding of marriage was generally inseparable from its acceptance of traditional Catholic norms. However, the adoption of same-sex marriage in Ireland in 2015 marked a substantial change in traditional attitudes to marriage and the social role of the family unit. From Catholic Outlook to Modern State Regulation critically highlights the role played by the ideal of constitutional protection of marriage and existing legislative structures in initiating and delaying family law reform. The history and development of Irish marriage law, since the founding of the Irish state, has received little critical academic attention and this work makes a significant contribution to the fields of European family law and legal history. The book is timely and resonates not only with recent critical work about the development of Irish family law but also with broader debates about marriage and the role of state regulation that are currently taking place in numerous jurisdictions around the world.

Conflict of Laws provides a straight-forward and accessible introduction to English private international law. It examines the jurisdiction of English courts (and whether their judgments are enforced and recognized overseas) and the effect of foreign judgments in England. Recent years have seen an increased ‘Europeanization’ of English Law which has transformed the subject and this fifth edition takes into account key recent developments and regulations including proposed changes to Brussels I, Rome II, The Maintenance Regulation, Rome III, the proposed Rome IV and the proposed Succession Regulation. Harding provides students with a clear understanding using pedagogic methods such as; Key Issues checklists at the start of every chapter to help track important points for further study Figures are used to aid understanding through visual learning Further Reading is included at the end of every chapter to enourage and support additional studyFurther developments addressed in the fifth edition include:• The use of common law doctrines in EU cases such as West Tankers. • The EU imperative for family relationships to be recognized across the EU in the context of citizen’s rights. • Civil Partnerships and recognition of same sex partnership. • Rome III, Rome IV and the distinction between maintenance and matrimonial property.• Adoption, Parental Responsibility and International Child Abduction • Surrogacy and Assisted ReproductionConflict of Laws is an ideal choice for undergraduate and postgraduate students seeking a comprehensive yet accessible introduction to private international law.

Conflict of Laws provides a straight-forward and accessible introduction to English private international law. It examines the jurisdiction of English courts (and whether their judgments are enforced and recognized overseas) and the effect of foreign judgments in England. Recent years have seen an increased ‘Europeanization’ of English Law which has transformed the subject and this fifth edition takes into account key recent developments and regulations including proposed changes to Brussels I, Rome II, The Maintenance Regulation, Rome III, the proposed Rome IV and the proposed Succession Regulation. Harding provides students with a clear understanding using pedagogic methods such as; Key Issues checklists at the start of every chapter to help track important points for further study Figures are used to aid understanding through visual learning Further Reading is included at the end of every chapter to enourage and support additional studyFurther developments addressed in the fifth edition include:• The use of common law doctrines in EU cases such as West Tankers. • The EU imperative for family relationships to be recognized across the EU in the context of citizen’s rights. • Civil Partnerships and recognition of same sex partnership. • Rome III, Rome IV and the distinction between maintenance and matrimonial property.• Adoption, Parental Responsibility and International Child Abduction • Surrogacy and Assisted ReproductionConflict of Laws is an ideal choice for undergraduate and postgraduate students seeking a comprehensive yet accessible introduction to private international law.