The physical transformation of this well-established text is a neat metaphor for the very real transformation which family law has experienced since the previous edition in 2002. Tottel, the new publishers, have provided a decidedly better format – larger font and a clear, fresh layout across 442 pages – that well serves an informed and engaging commentary.
The "real transformation" was the Civil Partnership Act 2004, which has entailed a significant reorganisation of at least the first eight chapters. In his Introduction to the fourth edition Professor Thomson explained that "although it is under considerable strain, the traditional taxonomy of the subject should not yet be jettisoned. Accordingly, the law of husband and wife remains the starting point of this study". Four years later, the fifth edition is a study "of three legal regimes, viz marriage, civil partnership and cohabitation (whether opposite or same sex)".
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It is a mark of the author's fluent style that this rapid regime-change has been accommodated so seamlessly. Practitioners and others familiar with the book will be pleased to find that Professor Thomson has incorporated reference to civil partnerships or cohabitation within the existing chapter structure. There is one completely new chapter, "Cohabitants", which details the main provisions affecting heterosexual and same-sex partners, often introduced by the Family Law (Scotland) Act 2006. Other major legislative changes considered are the Gender Recognition Act 2004, and the then Adoption and Children (Scotland) Bill. The accessible and expert analysis associated with Joe Thomson's scholarship is in evidence throughout.
The emphasis is firmly on Scots law, as one would expect. But one wonders whether in the future Scots family law will be more influenced by developments in Europe towards harmonisation, as well as by further challenges under the Human Rights Act. In regard to the latter, significant cases such as Salguiero da Silva Mouta v Portugal (2001), Goodwin v UK (2002), and B and L v UK (2004) are discussed, but family law has not produced as many challenges as some commentators expected. Civil partnerships will no doubt generate their own specific set of contested issues, and we can look forward to lively discussion about these in due course.
Fiona E Raitt, University of Dundee
Journal of The Law Society of Scotland, June '07