Lucinda Ferguson

University of Oxford, Faculty of Law

Associate Professor of Family Law, University of Oxford; Tutorial Fellow in Law, Oriel College, Oxford

St. Cross Building

St. Cross Road

Oxford, OX1 3UJ

United Kingdom

  • University of Oxford, Faculty of Law

SCHOLARLY PAPERS

21

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8

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14

Scholarly Papers (21)

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1.

Not Merely Rights for Children But Children's Rights: The Theory Gap and the Assumption of the Importance of Children's Rights

(2013) 21 International Journal of Children's Rights 177-208
Number of pages: 32 Posted: 22 Nov 2012 Last Revised: 19 Oct 2014
Lucinda Ferguson
University of Oxford, Faculty of Law
Downloads 913 (31,981)
Citation 1

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Children’s rights, rights for children, s 1 Children Act 1989, welfare principle, best interests, will theory, interest theory, expressive function of law, children’s autonomy, AC v Manitoba (Director of Child and Family Services) 2009 SCC 30

2.

The End of an Age: Beyond Age Restrictions for Minors' Medical Treatment Decisions

Number of pages: 97 Posted: 05 Jul 2007
Lucinda Ferguson
University of Oxford, Faculty of Law
Downloads 344 (109,261)
Citation 1

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Legal capacity, medical treatment, law reform, children's rights, age discrimination, freedom of religion, Canadian law

3.

The Curious Case of Civil Partnership: The Extension of Marriage to Same-Sex Couples and the Status-Altering Consequences of a Wait-and-See Approach

(2016) Child and Family Law Quarterly (Forthcoming)
Number of pages: 27 Posted: 21 Oct 2016 Last Revised: 01 Nov 2016
Lucinda Ferguson
University of Oxford, Faculty of Law
Downloads 266 (143,614)

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ss1 and 3(1)(a) Civil Partnership Act 2004, civil partnership, Articles 8 and 14 European Convention on Human Rights, Marriage (Same Sex Couples) Act 2013, discrimination, Wilkinson v Kitzinger and another (No 2) [2006] EWHC 2022 (Fam)

4.

'Families in All Their Subversive Variety': Over-Representation, the Ethnic Child Protection Penalty, and Responding to Diversity Whilst Protecting Children

(2014) 63 Studies in Law, Politics, and Society 43-87
Number of pages: 54 Posted: 21 Dec 2012 Last Revised: 28 Feb 2015
Lucinda Ferguson
University of Oxford, Faculty of Law
Downloads 167 (221,160)

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Child protection, s31(2) Children Act 1989 threshold, s1 Children Act 1989 'best interests', culture, diversity, ethnic minorities, ethnic penalties, contextualised subjects

5.

Hard Divorces Make Bad Law

Journal of Social Welfare and Family Law, 2017
Number of pages: 6 Posted: 07 Jul 2017
Lucinda Ferguson
University of Oxford, Faculty of Law
Downloads 132 (267,766)

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Matrimonial Causes Act 1973 s1; contested application for a decree nisi; unreasonable behaviour; no fault divorce

6.

The Jurisprudence of Making Decisions Affecting Children: An Argument to Prefer Duty to Children's Rights and Welfare

Law in Society: Reflections on Children, Family, Culture and Philosophy - Essays in Honour of Michael Freeman (Brill 2015), Oxford Legal Studies Research Paper No. 6/2017
Number of pages: 58 Posted: 21 Nov 2016
Lucinda Ferguson
University of Oxford, Faculty of Law
Downloads 113 (299,773)
Citation 2

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Children's rights; welfare; best interests; duty; s1 Children Act 1989; welfare principle; virtue ethics; virtue jurisprudence; flourishing; United Nations' Convention on the Rights of the Child

7.

School Exclusion and the Law: A Literature Review and Scoping Survey of Practice

Oxford Legal Studies Research Paper No. 85/2014
Number of pages: 47 Posted: 13 Nov 2014 Last Revised: 02 Jul 2015
Lucinda Ferguson and Naomi Webber
University of Oxford, Faculty of Law and University of Oxford - Department of Education
Downloads 105 (315,401)

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Permanent exclusion; English secondary schools; Education Act 2002, s51; education law; best interests; head teachers; discretion; autonomy; independent review panels

8.

Arbitration in Financial Dispute Resolution: The Final Step to Reconstructing the Default(s) and Exception(s)?

(2013) 35: 1 Journal of Social Welfare and Family Law 115-138, Oxford Legal Studies Research Paper No. 48/2013
Number of pages: 26 Posted: 16 Apr 2013 Last Revised: 28 May 2013
Lucinda Ferguson
University of Oxford, Faculty of Law
Downloads 89 (350,867)

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family arbitration, alternative dispute resolution, nuptial agreements, ss 23-25 Matrimonial Causes Act 1973, autonomy, fairness

9.

Commentary on Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General)

Helen Stalford, Kathryn Hollingsworth, Stephen Gilmore, eds, Children's Rights Judgments (Hart, 2017)
Number of pages: 17 Posted: 11 Jul 2017
Lucinda Ferguson
University of Oxford, Faculty of Law
Downloads 85 (360,923)

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children's rights; human rights; corporal punishment; best interests; constitutionality

10.

Introduction: The Importance of Theory to Children's and Family Law

in Elizabeth Brake and Lucinda Ferguson (eds), Philosophical Foundations of Children's and Family Law (OUP 2018)
Number of pages: 61 Posted: 10 Jan 2018
Lucinda Ferguson and Elizabeth Brake
University of Oxford, Faculty of Law and University of Calgary
Downloads 75 (388,303)
Citation 2

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family law, children's law, philosophy, theory, normative arguments, definition of family, intimacy, caring, polyamory, alimony, spousal support, surrogacy, children's rights, parental rights, private ordering

11.

Wyatt v Vince: The Reality of Individualised Justice – Financial Orders, Forensic Delay, and Access to Justice

27: 2 Child and Family Law Quarterly 195-208, 2015
Number of pages: 21 Posted: 08 Jul 2015
Lucinda Ferguson
University of Oxford, Faculty of Law
Downloads 74 (391,145)

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12.

An Argument for Treating Children As a 'Special Case'

in Elizabeth Brake and Lucinda Ferguson (eds), Philosophical Foundations of Children's and Family Law (OUP 2018)
Number of pages: 46 Posted: 10 Jan 2018
Lucinda Ferguson
University of Oxford, Faculty of Law
Downloads 59 (440,169)
Citation 1

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children’s rights, paramountcy principle, best interests, welfare, childhood, social construct, childhood goods, vulnerability, parental rights, equality, equal moral consideration

13.

Brexit, Non-Court Dispute Resolution, and Family Justice

Family Law 1130-1141, October 2017
Number of pages: 21 Posted: 03 Oct 2017 Last Revised: 08 Oct 2017
Lucinda Ferguson
University of Oxford, Faculty of Law
Downloads 59 (440,169)

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Brexit; non-court dispute resolution; alternative dispute resolution; mediation; arbitration; family law; family justice

14.

Children at Risk of School Dropout

Chapter in JG Dwyer (ed), Oxford Handbook of Children and the Law (OUP 2019)
Number of pages: 45 Posted: 24 Jun 2019
Lucinda Ferguson
University of Oxford, Faculty of Law
Downloads 34 (548,498)

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school dropout; permanent exclusion; expulsion; education law; children’s rights; right to education; best interests; school accountability; discretion; autonomy

15.

Uncertainty and Indecision in the Legal Regulation of Children: The Albertan Experience

(2007) 23(2) Canadian Journal of Family Law 159
Number of pages: 47 Posted: 11 Dec 2012
Lucinda Ferguson
University of Oxford, Faculty of Law
Downloads 26 (595,140)

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Alberta, legal history, children's rights, welfare, mature minor

16.

Arbitral Awards: A Magnetic Factor of Determinative Importance – Yet Not to Be Rubber-Stamped?

(2015) 37 Journal of Social Welfare and Family Law 99-101
Number of pages: 3 Posted: 06 Nov 2014 Last Revised: 21 Mar 2015
Lucinda Ferguson
University of Oxford, Faculty of Law
Downloads 25 (601,601)
Citation 2

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s25 Matrimonial Causes Act 1973, consent orders, arbitration, autonomy, nuptial agreements

17.

Family, Social Inequalities, and the Persuasive Force of Interpersonal Obligation

International Journal of Law, Policy and the Family, Vol. 22, Issue 1, pp. 61-90, 2008
Number of pages: 30 Posted: 22 Jun 2008 Last Revised: 10 Jan 2013
Lucinda Ferguson
University of Oxford, Faculty of Law
Downloads 23 (615,056)

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18.

Complicating the 'Holy Grail', Simplifying the Search: A Critique of the Conventional Problematisation of Social Immobility in Elite Legal Education and the Profession

The Law Teacher, Vol. 51, (Forthcoming)
Number of pages: 37 Posted: 17 Feb 2017
Lucinda Ferguson
University of Oxford, Faculty of Law
Downloads 22 (621,967)

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Socio-Economic Disadvantage; Meritocracy; Micro-Adjustments

19.

Trial by Proxy: How Section15 of the Charter Removes Age from Adolescence

(2005) 4 Journal of Law & Equality 84-102
Number of pages: 19 Posted: 29 Apr 2015
Lucinda Ferguson
University of Oxford, Faculty of Law
Downloads 20 (635,885)

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20.

The Parental Support Obligation

Nicholas Bala, Martha Shaffer, Lucinda Ferguson, “Family Law for the Older Canadian” in Ann Soden, ed., Advising the Older Client (Toronto, Ont.: Butterworths, 2005)
Number of pages: 10 Posted: 05 Mar 2015
Lucinda Ferguson
University of Oxford, Faculty of Law
Downloads 17 (657,343)

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parental support obligation; filial support obligation; Canada

21.

Retroactivity, Social Obligation, and Child Support

(2006) 43 Alberta Law Review 1049
Number of pages: 7 Posted: 27 Apr 2015
Lucinda Ferguson
University of Oxford, Faculty of Law
Downloads 13 (687,276)

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