| The family is the smallest unit of modern society,the establishment of marriage relationship is the necessary premise of the family,so the stability of marriage relationship is also the basis of social stability.Lord Dennnig,who was born at the end of the nineteenth century and lived through World War I and World War II,saw the dramatic changes in British society during this period and urged judges to participate in legal reform,the courage to abandon an unseemly tradition.He is regarded as the greatest legal reformer after the Second World War,and the reforms he promoted and supported had a great influence on English law.It is believed that Lord Denning’s legal career of more than 60 years,there must be a more complete and deep-seated thought of family law waiting for latecomers to explore.Therefore,the author chooses to study the family law thought of Lord Denning comprehensively and carefully.Compared with the present research situation in the academic circle,the innovation of this thesis mainly lies in the special research on the family law thought of Lord Denning,through the study of his life experience and various cases arising from his legal work,at the same time,combining with the background of the times,the author discusses the influence of his thoughts on England at that time.Several of Lord Denning’s books,such as Landmarks in the Law,What Next in the Law,The Due Process of Law,and Family Stories are well known to the academic community,in addition to studying the classic cases mentioned in his works,the author has also made a detailed study of his personal biographies about his marriage and family,it is not difficult to analyze the basic proposition and characteristics of Lord Denning’s family law by summing up Lord Denning’s personal view on marriage and family,and then combining it with his basic legal philosophy and relevant family cases,the focus of this thesis is also here.Generally speaking,his basic propositions are all around the word“Justice”,which is completely consistent with his basic legal philosophy of “Realization of justice”.He has a strong sensitivity to the trend of the times,with the social changes,the status of women has been rising,he should be the trend of the times,women should enjoy an independent legal status,and shall enjoy equal status with men in marriage and family.It is interesting to note that although Lord Denning has been a strong advocate of reform in family law,his personal views on love and marriage are extremely conservative.Like many reformers,Lord Denning came under pressure to adapt the rigid principles of English law to social developments through landmark cases,this practice was once the responsibility of the House of Lords.Fortunately,the principles established in these cases are still established as precedents or in the form of legislation,which shows the value and influence of his family law ideas on English law and society. |
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