Legal Research and Literacy Skills - Article Example

Legal Research and Literacy Skills Civil Partnership Methodology Ever since the advent of internet, and particularly in the past decade-and-a-half, researching legal works has attained a new dimension. Even though it is assumed that the abundance of available online resources and sheer number of legal-oriented websites makes it difficult to separate wheat from the chaff; internet is widely seen as a basic alternative to print resources on legal subjects. This is not only easily accessible but can also provide up-to-date pool of work done on a given subject. For example, SOSIG or Social Science Information Gateway offers separate link to law research. That apart many universities worldwide have dedicated websites pertaining to law and law-related cases. The UK legislation's official websites is a huge databases that deals comprehensively with UK legislation circa 1267 till date. For assignments as this, databases as this one prove to be a boon. The research is a clear amalgamation of the existing views that are present on the topic interspersed with the case laws, old regulations and amendments. The amalgamation makes use of the information available to draw inferences, in order to prove hypothesis based on the literature available on the issue. This paper would be used to describe current knowledge in the justification of the need for and the significance of new research, explain research findings, and describe the quality of the research. The study would also utilize the case study analysis method. Of the three types of existing case studies, (exploratory, descriptive and explanatory), the following research would focus on the first. An exploratory case study is useful for most business purposes- a pilot case study could be used as a basis for formulating questions or hypothesis testing (Noor, 2008)1. In this analysis what has been used is research of law based research journals including the online library of the British and Irish Legal Institute, the website legislation.gov.uk., Bodelian Law Journal, the family and child law quarterly, and Justis, the online legal library. The principles that have been followed are based on intent to understand the status of same sex union in the UK, and the problems that are still associated with the Civil Partnership Act, 2004. The results found were that while the law has been put in place keeping in mind the needs of recognising that same sex unions are a reality in liberal times, the problems of double standard, and of not according the same status as heterosexual marriage to same sex marriages is yet to be dealt with. The church has had its impact as well. In arriving at this conclusion the paper has been drawn from going through the arguments put forward in these journals Report on the findings In essence civil partnerships allow same sex couples the right to a civil union along the lines of marriage, which allows the couple to share property rights as well. This was promulgated under the aegis of the Civil Partnership Act, 2004. Civil partnership is in essence a relationship between two people of the same sex, which can be created or formed in either of two ways2. First, the couple can register the civil partnership with in the United Kingdom or under what is now termed as the Order in Council, which allows for registration at British Consulates or by armed forces personnel. The second method is where the couple registers an overseas relationship, which is treated under the Act as a civil partnership. Once formed, the civil partnership, irrespective of how it was created in the first place, subsists until it is ended by death, dissolution or annulment3. An interesting question, however, arises as to why if the government wanted to allow same sex marriage, did the system not just term it that instead of calling it a civil partnership, which places the union neatly between the US concept of civil marriage and the European registered partnerships. The answer was provided by Sir Mark Potter P in the case of Wilkinson v Kitzinger4, where he said that the intention of the government was not to create a second class institution but a parallel and equalizing institution, designed o redress a perceived inequality of treatment of long term monogamous same sex relationships while at the same time demonstrating support for the long established institution of marriage, that particular case concerned the stats of a same sex marriage by a lesbian couple living in England. The case brought to the fore a paradox wherein there is a resistance to same sex marriage even it has been celebrated overseas in a country that permits such unions. Despite this, as the law now stands, there is a similarity between marriage and civil partnership, so that the overseas marriage is concerted into a civil partnership for the purpose of English Law5. One of the more controversial issues under contention in the context of the civil partnership law have been those contained under article 14 of the law, which talk about the differences between marriage and a civil partnership. Here scholars like Bamforth have questioned why such little significance was attached. It has been argued by the proponents of the act that the differences between marriage and the civil partnership are negligible. One has to only look at the legal consequences of a civil partnership to understand the point. These, as they are enshrined in the law are almost identical to those of a marriage. The partners are entitled to property rights, to material support in case the union was to break up, and rights of correct heritage of the partner’s wealth after his or her death. A significant point of difference is to do with the issues of adultery. In most marriages, adultery can be a ground for divorce, in the case of a civil partnership, this has been omitted. Also important is the fact that non-consummation for nullity is not present. Arguably, these omissions could be considered too minor to pay heed. But others like Cretney (2006)6 have argued that these very omissions symbolize the fact that in the eyes of the law, a civil partnership is merely a legal status and not recognition of an intimate human relationship. In fact he has gone so far as to accuse the status that has currently been ascribed as nothing other than a “tax haven” between friends. Another point that has been put forward by thinkers is that in creating these separate institutions of marriage and union for same sex couple, irrespective of whether or not they have been given same rights, the parliament has managed to portray the same sex unions as some kind of a second rate relationship, something which is of less value, something which is less true (Crompton, 2004)7. Not all have agreed, even as those like Bamforth have said that it is not necessary that different equals inferior. Those that have had to enter into civil partnerships for want of a law that allows them to get married have complained of being made to feel like second rate citizens. In the case of the Canadian couple, the petitioner, said that her marriage as the highest form of union and to have that reduced to a civil partnership would be a ‘consolation prize’ and would be ‘offensive and demeaning’ leading to a ‘sense of alienation and marginalisation’ so that she feels she would be ‘deprived of full citizenship. The judges in questions imply said that the views of a single petitioner could not be argued to be the case of every single gay or lesbian individual. Interestingly, this is not the view taken by the common law of other countries. In the Canadian case of Halpern v Canada8 the judges drew on the need to focus on the feelings of self respect and worth that are associated with marriage. He ruled that the “dignity of persons in same-sex relationships is violated by the exclusion of same-sex couples from the institution of marriage9.’ In conclusion, therefore it could be argued that while there have been some sort of addresses on the issue of same sex union in the Civil Partnership Act, 2004, it would not be right to say that all the stakeholder involved are fully satisfied yet. Read More