Download or read book Normativity and Diversity in Family Law written by Nadjma Yassari and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: With regard to family law, this volume examines claims based on cultural tradition, ethnic background, custom, religious affiliation and sexual orientation, as well as various other "claims" that are not officially recognized in state law, in 15 jurisdictions around the world. The country reports seek to determine whether these claims represent a challenge to family law as conceived by the state, and if so, how these challenges are being managed. The focus lies on the interaction between (i) claims and traditions raising minority-related and diversity-related issues and (ii) the state as the addressee of these demands for accommodation. The reports identify specific instances and situations that have proven (and in many cases still are) particularly difficult to resolve. They force decision-makers to engage in a delicate balancing act between different, often clashing interests.
Download or read book Normativity and Diversity in Family Law written by Nadjma Yassari and published by Springer Nature. This book was released on 2021-11-21 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: With regard to family law, this volume examines claims based on cultural tradition, ethnic background, custom, religious affiliation and sexual orientation, as well as various other “claims” that are not officially recognized in state law, in 15 jurisdictions around the world. The country reports seek to determine whether these claims represent a challenge to family law as conceived by the state, and if so, how these challenges are being managed. The focus lies on the interaction between (i) claims and traditions raising minority-related and diversity-related issues and (ii) the state as the addressee of these demands for accommodation. The reports identify specific instances and situations that have proven (and in many cases still are) particularly difficult to resolve. They force decision-makers to engage in a delicate balancing act between different, often clashing interests.
Download or read book Research Handbook on Family Property and the Law written by Margaret Briggs and published by Edward Elgar Publishing. This book was released on 2024-06-05 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pivotal Research Handbook analyses the interconnectedness of family property and the law through historical, contemporary, comparative and jurisdiction-specific lenses. Authors analyse some of the most well-known, contested and politicised legal developments in the field of family property law.
Download or read book The Asian Yearbook of Human Rights and Humanitarian Law written by Javaid Rehman and published by BRILL. This book was released on 2022-09-19 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. The focused theme of Volume 6 is Essays in Honour of Professor Shaheen Sardar Ali.
Download or read book Plurality and Diversity in Law Family Forms and Family s Functions written by Aida Kemelmajer and published by Ius Comparatum. This book was released on 2023-04-14 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents comparative perspectives based on findings presented in National Reports on the theme 'Plurality and Diversity in Law: Family Forms and Family's Functions'. The contributions focus on whether, and if so, how, family law recognises that a child can have multiple parents, and which family functions are recognised and favoured by the law.
Download or read book Family Law Reimagined written by Jill Elaine Hasday and published by Harvard University Press. This book was released on 2014-06-30 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the law’s most important and far-reaching roles is to govern family life and family members. Family law decides who counts as kin, how family relationships are created and dissolved, and what legal rights and responsibilities come with marriage, parenthood, sibling ties, and other family bonds. Yet despite its significance, the field remains remarkably understudied and poorly understood both within and outside the legal community. Family Law Reimagined is the first book to evaluate the canonical narratives, examples, and ideas that legal decisionmakers repeatedly invoke to explain family law and its governing principles. These stories contend that family law is exclusively local, that it repudiates market principles, that it has eradicated the imprint of common law doctrines which subordinated married women, that it is dominated by contract rules permitting individuals to structure their relationships as they choose, and that it consistently prioritizes children’s interests over parents’ rights. In this book, Jill Elaine Hasday reveals how family law’s canon misdescribes the reality of family law, misdirects attention away from the actual problems that family law confronts, and misshapes the policies that legal authorities pursue. She demonstrates how much of the “common sense” that decisionmakers expound about family law actually makes little sense. Family Law Reimagined uncovers and critiques the family law canon and outlines a path to reform. Challenging conventional answers and asking questions that judges and lawmakers routinely overlook, it calls on us to reimagine family law.
Download or read book Introduction to Comparative Law written by Jaakko Husa and published by Bloomsbury Publishing. This book was released on 2023-05-18 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'A delightful and fresh approach to the comparative study of law.' (Jans Smits, Maastricht University, the Netherlands) (of the first edition). This textbook presents a clear and thought-provoking introduction to the study of comparative law. The book provides students with in-depth analyses of the major global comparative methodologies and theories. Written in a lively style, it leads the student through debates in comparative legal scholarship, both in the Western world and in the lesser studied jurisdictions, beyond Europe and North America. The second edition includes a revised structure to help the student understand the subject, an updated introductory chapter, and new material on legal transplants and globalisation. It also explores allied disciplines, including linguistics, history, and post-colonial studies giving students full context of the subject.
Download or read book Reconceiving the Family written by Robin Fretwell Wilson and published by Cambridge University Press. This book was released on 2006-07-17 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2006 book provides a critical examination of and reflection on the American Law Institute's (ALI) Principles of the Law of Family Dissolution: Analysis and Recommendations ('Principles'), arguably the most sweeping proposal for family law reform attempted in the US over the last quarter century. The volume is a collaborative work of individuals from diverse perspectives and disciplines who explore the fundamental questions about the nature of family, parenthood, and child support. The contributors are all recognized authorities on aspects of family law and provide commentary on the principles examined by the ALI - fault, custody, child support, property division, spousal support and domestic partnerships, utilizing a wide range of analytical tools, including economic theory, constitutional law, social science data and linguistic analysis. This volume also includes the perspectives of US judges and legislators and leading family law scholars in the United Kingdom, Europe, Canada and Australia.
Download or read book Fundamentals of Family Law written by J. Shoshanna Ehrlich and published by Aspen Publishing. This book was released on 2019-09-13 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt: J. Shoshanna Ehrlich’s Fundamentals of Family Law, Second Edition is a concise version of Ehrlich’s Family Law for Paralegals, developed for use in shorter paralegal courses. The Fundamentals version provides students with the knowledge and skills they will need to be effective paralegals in a busy family law practice. Without sacrificing intellectual integrity and depth of topical coverage, the text is streamlined in order to emphasize the material that is essential for the transition from classroom to office. New to the Second Edition: Marriage (Ch. 1) includes new sections on: The retroactive application of Obergefell v. Hodges to backdate marriages of same-sex couple to when they would have married had it been allowed The debate over whether merchants can refuse to provide wedding-related services and goods to same-sex couples based on religious objections Whether the marriage consent age should be raised to protect minors from being forced into marriage against their will. Domestic Violence (Ch. 3) now covers: The use of electronic monitoring in domestic violence cases The possibility of allowing minors who are being forced into marriage to obtain civil orders of protection. Children coverage expanded to include: In Chapter 5, new sections on the appointment of attorneys to represent children in contested custody disputes and considerations of parental disability in best interest determinations In Chapter 11, new section on same-sex couples and the establishment of legal parenthood In Chapter 12, consideration of the emergence of medical child abuse and forced marriage as new categories of harm; expanded definitions of abuse and neglect, including medical child abuse and forced child marriage; and new section on “legal orphans” and the reinstatement of parental rights. Economic Issues updated with: New section in Chapter 6 on the due process rights of low-income parents in civil contempt cases for non-payment of child support. Chapter 7 expanded to include the backlash against “permanent” spousal support awards and the tax treatment of spousal support payments. Coverage of virtual assets in Chapter 8 Professors and students will benefit from: The full range of family law topics in a more concise format—including marriage and divorce, non-marital families, child abuse and neglect, and same sex marriage Practice-based assignments, real-life examples and sample forms Clear pedagogy--including chapter summaries, key terms defined in the margins, and review and discussion questions--helps students better understand the material and develop their critical thinking and writing skills. Up-to-date coverage of all the key topics in family law, with a consistent focus on the work of the paralegal
Download or read book Philosophical Foundations of Children s and Family Law written by Elizabeth Brake and published by Oxford University Press. This book was released on 2018-02-23 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together new essays in law and philosophy on a broad range of topics in children's and family law. It is the first volume to bring together essays by legal scholars and philosophers for an integrated, critical analysis of key issues in this area, marking the 'coming of age' of a comparatively new field of family law. Debates in children's and family law are at once theoretical and empirical in nature. Not only does children's and family law have significant consequences for individuals' intimate lives, the field's impact on lived experience highlights the socially constructed nature of law. Approaching this area of law often involves exploring a legal concept familiar from daily life, such as the very notion of 'marriage' or 'family', and examining it within its social, economic, and historical context. The normative basis for law regulating intimate personal and family life extends beyond any narrow legal philosophy or social context to its broader foundations in theories of morality or justice. The chapters included bring together a representative and broad range of pieces that engage with long-standing and contemporary debates. A wide range of perspectives is represented on topics such as same-sex marriage, polygamy and polyamory, alimony, unmarried cohabitation, gestational surrogacy and assisted reproductive technologies, child support, parental rights and responsibilities, children's rights, family immigration, religious freedom, and the rights of paid caregivers. There is also philosophical discussion of concepts such as care, intimacy, and the nature of family and family law itself.
Download or read book From Normativity to Responsibility written by Joseph Raz and published by Oxford University Press. This book was released on 2011-12-08 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are our duties or rights? How should we act? What are we responsible for? Joseph Raz examines the philosophical issues underlying these everyday questions. He explores the nature of normativity--the reasoning behind certain beliefs and emotions about how we should behave--and offers a novel account of responsibility.
Download or read book Religious Accommodation and its Limits written by Farrah Raza and published by Bloomsbury Publishing. This book was released on 2023-04-20 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: On what grounds should religious accommodation claims be limited? When do religious claims harm the autonomy of others? This book proposes an original model of religious accommodation which can be applied in secular liberal democracies where religious diversity has been a hotly contested issue. Addressing the complex question of limitations to the right to Freedom of Religion or Belief and how these limitations might be determined, it examines how religious claims can harm the autonomy of others and emphasises the need for an appropriate balancing of competing interests. Drawing on a range of case study examples from jurisdictions including the US, Canada, the European Court of Human Rights, the European Union's Court of Justice, the UK, Germany and France, this is a timely contribution to the debate on how a legal duty or policy approach in favour of religious accommodation can be applied in practice. Moreover, the proposed model offers criteria that may be used to guide the implementation of equality and diversity policies in contexts such as employment and education. The book will be of interest to academics, legal practitioners and policy-makers in the field.
Download or read book Empirical Legal Research written by Frans L. Leeuw and published by Edward Elgar Publishing. This book was released on 2016-03-25 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Empirical Legal Research describes how to investigate the roles of legislation, regulation, legal policies and other legal arrangements at play in society. It is invaluable as a guide to legal scholars, practitioners and students on how to do empirical legal research, covering history, methods, evidence, growth of knowledge and links with normativity. This multidisciplinary approach combines insights and approaches from different social sciences, evaluation studies, Big Data analytics and empirically informed ethics. The authors present an overview of the roots of this blossoming interdisciplinary domain, going back to legal realism, the fields of law, economics and the social sciences, and also to civilology and evaluation studies. The book addresses not only data analysis and statistics, but also how to formulate adequate research problems, to use (and test) different types of theories (explanatory and intervention theories) and to apply new forms of literature research to the field of law such as the systematic, rapid and realist reviews and synthesis studies. The choice and architecture of research designs, the collection of data, including Big Data, and how to analyze and visualize data are also covered. The book discusses the tensions between the normative character of law and legal issues and the descriptive and causal character of empirical legal research, and suggests ways to help handle this seeming disconnect. This comprehensive guide is vital reading for law practitioners as well as for students and researchers dealing with regulation, legislation and other legal arrangements.
Download or read book Religion and Legal Pluralism written by Russell Sandberg and published by Routledge. This book was released on 2016-03-09 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, there have been a number of concerns about the recognition of religious laws and the existence of religious courts and tribunals. There has also been the growing literature on legal pluralism which seeks to understand how more than one legal system can and should exist within one social space. However, whilst a number of important theoretical works concerning legal pluralism in the context of cultural rights have been published, little has been published specifically on religion. Religion and Legal Pluralism explores the extent to which religious laws are already recognised by the state and the extent to which religious legal systems, such as Sharia law, should be accommodated.
Download or read book The Normative Claim of Law written by Stefano Bertea and published by Bloomsbury Publishing. This book was released on 2009-10-06 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on a specific component of the normative dimension of law, namely, the normative claim of law. By 'normative claim' we mean the claim that inherent in the law is an ability to guide action by generating practical reasons having a special status. The thesis that law lays the normative claim has become a subject of controversy: it has its defenders, as well as many scholars of different orientations who have acknowledged the normative claim of law without making a point of defending it head-on. It has also come under attack from other contemporary legal theorists, and around the normative claim a lively debate has sprung up. This debate makes up the main subject of this book, which is in essence an attempt to account for the normative claim and see how its recognition moulds our understanding of the law itself. This involves (a) specifying the exact content, boundaries, quality, and essential traits of the normative claim, (b) explaining how the law can make a claim so specified, and (c) justifying why this should happen in the first place. The argument is set out in two stages, corresponding to the two parts in which the book is divided. In the first part, the author introduces and discusses the meaning, status, and fundamental traits of the normative claim of law; in the second he explores some foundational questions and determines the grounds of the normative claim of law by framing an account that elaborates on some contemporary discussions of Kant's conception of humanity as the source of the normativity of practical reason.
Download or read book Law and Religious Diversity in Education written by Kyriaki Topidi and published by Routledge. This book was released on 2020-08-05 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religion is a prominent legal force despite the premise constructed and promoted by Western constitutionalism that it must be separated from the State in democracies. Education constitutes an area of human life that leaves ample scope for the expression of religious identity and shapes the citizens of the future. It is also the place of origin of a considerable number of normative conflicts involving religious identity that arise today in multicultural settings. The book deals with the interplay of law and religion in education through the versatility of religious law and legal pluralism, as well as religion’s possible adaptation and reconciliation with modernity, in order to consider and reflect on normative conflicts. It adopts the angle of the constitutional dimension of religion narrated in a comparative perspective and critically reflects on regulatory attempts by the State and the international community to promote new ways of living together.
Download or read book Redefining Family Law the Challenge of Diversity Child Custody and the Lesbian Mother Perspectives in 1995 written by Michaelakis, Irene and published by . This book was released on 1995 with total page 35 pages. Available in PDF, EPUB and Kindle. Book excerpt:
