The revolution in Western family law over the past 50 years—often described as ‘liberalization’—involves a decrease in the importance of fault-based factors alongside an increase in the significance of marital contracts. While these two trends generally complement each other, they may conflict when a couple seeks to assign economic consequences to sexual fault through a contract. Should such an agreement be legally enforceable? Which aligns more with a ‘true liberal’ perspective: advocating against fault or for the use of contracts? This paper suggests a new approach that goes beyond simply determining which trend should prevail. We illustrate how the perceived conflict between proponents of sexual liberalization and proponents of contractual liberalization could be resolved by identifying the underlying reasons that motivate each ‘camp’, proposing potential legal mechanisms and specific legal contexts in which broad agreement might be reached, and explicating the multidimensionality of family law liberalization.

This article considers three “unanswered questions” raised by R. (McConnell) v Registrar General for England and Wales (AIRE Centre Intervening) [2020] EWCA Civ. 559, which held that a trans man (with a Gender Recognition Certificate) who gave birth must be registered as “mother” on his child’s birth certificate. This article considers these questions to clearly situate McConnell within the context of the UK’s legal regimes concerning access to fertility treatment, gender recognition and legal parenthood in cases involving assisted reproduction. The article argues that clearly establishing the current legal position will provide the proper context to facilitate any subsequent legal reforms.

This article addresses the significant research gap concerning the regulation of surrogacy intermediaries in China’s rapidly growing surrogacy market. Employing a ‘law in context’ perspective, it explores the question of how to effectively regulate surrogacy intermediaries in the Chinese context. Situated within China’s unique socio-cultural landscape, where procreation carries profound significance, the study navigates the complexities of surrogacy regulation, including ethical dilemmas, rights infringements and regulatory ambiguities. The article advocates for the regulation of surrogacy in China to prevent possible exploitation, referencing three international models: prohibiting commercial surrogacy, governing non-profit surrogacy organisations and imposing duties on for-profit surrogacy agents. The aim is to construct a robust, context-sensitive regulatory framework for surrogacy in China, focusing on identifying suitable intermediaries and defining the scope of effective regulatory oversight.

Les modes alternatifs de règlement des conflits s’inscrivent dans une volonté de transformation de l’organisation de la justice en cherchant à régler « autrement » les litiges judiciarisés. L’émergence de ces modes répond également aux impératifs de la nouvelle gouvernance publique, où les questions de l’efficacité et de la célérité de la justice deviennent cardinales. Ces modes alternatifs exigent que les parties y participent volontairement. Or, les justiciables composent avec certaines contraintes subjectives qui se répercutent sur leur motivation à s’engager sur la voie d’un mode alternatif de règlement des conflits. À partir de données empiriques, ce texte présente de quelle façon les coûts humains et financiers qu’assument les justiciables sont susceptibles de se répercuter sur leur décision de s’engager sur une telle voie, laquelle découle généralement de l’atteinte d’un point de rupture par rapport à ces coûts. Cette recherche, effectuée au Québec, fait état de la situation en droit civil, en droit criminel et en droit administratif.

This paper analyses legal responses to the problem of debt taken out due to coercion within an intimate relationship. Coerced debt differs from other forms of domestic abuse, as it involves a contractual relationship between the victim and a third-party lender. Legal responses must consider whether the victim should be released from her contractual obligation. The paper employs a theoretical lens of vulnerability and relationality, examining lenders’ duties to combat coerced debt, as well as contractual doctrines of undue influence and duress, which allow victims to have transactions set aside under certain circumstances. The paper argues that victims are being failed by an inadequate legal response. The law views vulnerability as an exceptional state and relationality as a constraint, rather than inherent features of the human condition. Through the social construct of the ‘free market’, lenders are consistently favoured by the law, with little obligation to ensure that transactions are free from coercion. The paper concludes with a call for the state to take greater responsibility for coerced debt and to allocate the risk differently than it currently does. This will promote higher levels of resilience for victims and allow them to escape abusive relational contexts.

While the challenges of family law reform and barriers to justice are widely studied, there is a gap in our understanding of the gendered nature of the use of courts in West Africa. Through analysis of judicial decisions in Courts of First Instance (Tribunaux de Première Instance) in Allada and Cotonou, Benin, this article examines how women and men use lower courts in family law cases. This article finds that despite barriers to access to formal institutions, women use these courts in equal numbers as do men, and they use them for divorce, as well as to claim child custody, child-support and alimony. Men mostly use family law courts to determine paternity and to seek divorce. Despite a widespread lack of confidence in courts and tribunals, these Courts of First Instance are a tool for women to challenge social hierarchy and to claim rights for themselves and their children.

In this article I argue that the judicial concept of non-marriage racialises and orientalises minoritised communities and their marriages. Applying a critical postcolonial lens, I show how the development of non-marriage has been influenced by colonial racialising attitudes towards marriage. This has led to its application in racist and orientalist ways to demean and other minoritised marriage practices. My analysis of the case law exposes three patterns in the judicial discourse in this area. First, that the courts emphasise “English (Christian) marriage” and its supposed hallmarks when deciding if a ceremony is non-existent; second that judgments foreground the technical, formal aspects of the law obscuring the use of personal judicial opinions which are orientalist. Finally, the application of this concept to playacting, sham and forced marriages at the same time as legitimate minoritised marriage practices is demeaning and insulting to the already marginalised communities that practise them.

The merits and means of accommodating non-binary populations into UK law is becoming an increasingly important issue for policymakers, judges, scholars and legal professionals. Following Elan-Cane's Supreme Court challenge to binary passport sex markers in 2021, the UK Government face another challenge this year concerning non-binary recognition on birth certificates. While an additional third sex option is perhaps the most well-known reform option for the current binary system, other options have been suggested, including additional multiple sex options and/or removing sex from the birth certificate. While scholars and policymakers debate the merits of these, little is known about non-binary people's own preferences towards these options. This paper therefore presents original empirical data on non-binary attitudes towards these options, demonstrating the various perceived opportunities and drawbacks of each, and reflecting on the possible consequences of reform.

When people do not approach a formal court of law to settle their disputes, and cannot enter into out-of-court settlements either, what do they do? I find that people install court-like processes which mimetically follow the court procedures, executing the settlement as if the decision were rendered officially. By examining such practices in the case of divorce-related disputes in India, I advance a theory of legal apparitions, a phenomenon in which cosmetic mimicry of legal processes creates a new form of extra-legal resolution. This is likely to prevail in societies where access to justice is hindered due to socio-institutional factors and customary forms of adjudication are not possible (sometimes because of state law’s design). This idea can be used to explain a range of practices observed in South Asian societies, where people’s imagination of, and interaction with, legal apparatuses creates new forms of institutions.

While legal analyses of political economy typically centre on events and processes within the market, this discussion argues that contemporary dilemmas requires attention to labour and productive activity at its edges and beyond. Questions surrounding labour provide an unparalleled vantage point from which to assess how groups are differentially situated within the economy, especially at moments of economic crisis and transformation. The constitutive role of law in market relations, in turn, makes legal analysis fundamental to understanding how risks and rewards at work are distributed.

Reflecting on the role of macroeconomic governance to work, evident in times of crisis in particular, and drawing upon concepts and tools developed within critical legal thought, this paper analyses two sites of labour, unpaid household care work and informal labour, that are at the centre of distributive struggles around work now. As the historical separation of the household and market labour discloses, transformations of legal form, and classification played a critical role in the simultaneous production of waged labour and valueless care. Similar processes are underway in labour markets now; thus, understanding the legal constitution of value and of work itself remains central to questions of inequality now.

Bargaining analysis as well as taxonomies of family law suggest the significance of a wide range of legal rules and their interaction to labour market outcomes and the position of workers. The analysis of informal work points in a similar direction, as contract, competition, and corporate law and beyond are all implicated in the growth of informality and precarity at work. Finally, uncovering the legal foundations of racial fragmentation at work requires attention to multiple legal regimes as well as the conceptual and ideological commitments that sustain them. All engage questions about the role, and transformation, of legal form, classification and consciousness within contemporary political economy.