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Monk, Daniel

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  • Writing (Gay and Lesbian) Wills

    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 t...

    Homophobic bullying: a queer tale of childhood politics

    Book synopsis: \ud \ud Children in Culture Revisited follows on from the 1998 first volume, Children in Culture, to offer further fully inter- and multidisciplinary considerations of childhood as a culturally and historically constructed identity rather than a constant psycho-biological entity. The chapters, all newly written for this collection, serve both as a wide-ranging introduction to theoretical debates on childhood across the disciplines as well as presenting highly innovative researc...

    ‘Inheritance Families of Choice’? Lawyers’ reflections on gay and lesbian wills

    This article presents the findings of research about the will writing practices of gays and lesbians. It develops a conversation between sociological literature about ‘families of choice’, which is silent about inheritance, and socio-legal research about ‘inheritance families’, which is relatively silent about sexuality. It demonstrates how research with lawyers can contribute to thinking about inheritance and complement historical archives about personal life and sexuality. Focusing on funer...

    Problematising home education: challenging ‘parental rights’ and 'socialisation'

    In the UK, Home Education, or home-schooling, is an issue that has attracted very little public, governmental or academic attention. Yet the number of children home educated is steadily increasing and has been referred to as a 'quiet revolution'. This article neither celebrates nor denigrates home educators, its aim, rather, is to identify and critically examine the two dominant discourses that define the way in which the issue is currently understood. First, the legal discourse of parental r...

    Challenging homophobic bullying in schools: the politics of progress

    In recent years homophobic bullying has received increased attention from NGOs, academics and government sources and concern about the issue crosses traditional moral and political divisions. This article examines this ‘progressive’ development and identifies the ‘conditions of possibility’ that have enabled the issue to become a harm that can be spoken of. In doing so it questions whether the\ud readiness to speak about the issue represents the opposite to prohibitions on speech (such as the...

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

    From book synopsis:\ud 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 practi...

    Queering genealogy through wills

    Wills are an overlooked source. Alongside birth, death and marriage certificates they are official legal texts that provide a record of families, kinship and personal life. But they have a particular significance for research about gender and sexuality. This paper highlights some of the insights that that they can provide and discusses the methods (and associated pitfalls) for accessing and reading them. Article by Daniel Monk, Reader in Law, Birkbeck School of Law, University of London.

    The pleasures and perils of inheritance

    Facing death, reflecting on one’s legacies (material and ethical, personal and political) and the legal and interpersonal attempts to resolve or prevent inheritance conflicts, all bring to the fore constructions of memory and identity, intergenerational relations, and the complexities of doing and undoing family and kinship. Consequently, drawing attention to inheritance, keeping sight of it, and bringing it into play is a useful piece of the puzzle of ageing across a range of disciplines and...

    Wealth, families and death: socio-legal perspectives on wills and inheritance: introduction

    Inheritance as both a concept and a practice is of deep significance within all societies and jurisdictions. Located at the intersection between economics, family relations and the end of life, it offers a unique perspective on a variety of contemporary socio-legal debates. Yet the socio-legal phenomenon of inheritance has attracted relatively little scholastic attention. This special issue, which brings together eight papers coming from six different countries (and eight different jurisdicti...
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