Download or read book The Role of Self determination in the Modernisation of Family Law in Europe written by International Society on Family Law and published by Documenta Universitaria. This book was released on 2006 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book includes some of the papers presented and discussed at the European Regional Conference of the International Society of Family Law (ISFL), held in Tossa de Mar and Girona on the 9th and 10th of October 2003.\n

Download or read book Subject Siam written by Tamara Loos and published by Cornell University Press. This book was released on 2018-07-05 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike its Southeast Asian neighbors, Thailand was never colonized by an imperial power. However, Siam (as Thailand was called until 1939) shared a great deal in common with both colonized states and imperial powers: its sovereignty was qualified by imperial nations while domestically its leaders pursued European colonial strategies of juridical control in the Muslim south. The creation of family law and courts in that region and in Siam proper most clearly manifests Siam's dualistic position. Demonstrating the centrality of gender relations, law, and Siam's Malay Muslims to the history of modern Thailand, Subject Siam examines the structures and social history of jurisprudence to gain insight into Siam's unique position within Southeast Asian history. Tamara Loos elaborates on the processes of modernity through an in-depth study of hundreds of court cases involving polygyny, marriage, divorce, rape, and inheritance adjudicated between the 1850s and 1930s. Most important, this study of Siam offers a novel approach to the question of modernity precisely because Siam was not colonized yet was subject to transnational discourses and symbols of modernity. In Siam, Loos finds, the language of modernity was not associated with a foreign, colonial overlord, so it could be deployed both by elites who favored continuation of existing domestic hierarchies and by those advocating political and social change.

Download or read book Marriage and Modernity written by Rochona Majumdar and published by Duke University Press. This book was released on 2009-04-13 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: An innovative cultural history of the evolution of modern marriage practices in Bengal, Marriage and Modernity challenges the assumption that arranged marriage is an antiquated practice. Rochona Majumdar demonstrates that in the late colonial period Bengali marriage practices underwent changes that led to a valorization of the larger, intergenerational family as a revered, “ancient” social institution, with arranged marriage as the apotheosis of an “Indian” tradition. She meticulously documents the ways that these newly embraced “traditions”—the extended family and arranged marriage—entered into competition and conversation with other emerging forms of kinship such as the modern unit of the couple, with both models participating promiscuously in the new “marketplace” for marriages, where matrimonial advertisements in the print media and the payment of dowry played central roles. Majumdar argues that together the kinship structures newly asserted as distinctively Indian and the emergence of the marriage market constituted what was and still is modern about marriages in India. Majumdar examines three broad developments related to the modernity of arranged marriage: the growth of a marriage market, concomitant debates about consumption and vulgarity in the conduct of weddings, and the legal regulation of family property and marriages. Drawing on matrimonial advertisements, wedding invitations, poems, photographs, legal debates, and a vast periodical literature, she shows that the modernization of families does not necessarily imply a transition from extended kinship to nuclear family structures, or from matrimonial agreements negotiated between families to marriage contracts between individuals. Colonial Bengal tells a very different story.

Download or read book Women the Family and Divorce Laws in Islamic History written by Amira El-Azhary Sonbol and published by Syracuse University Press. This book was released on 1996-06-01 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The eighteen essays in this volume cover a wide range of material and reevaluate women's studies and Middle Eastern studies, Muslim women and the Shari'a courts, the Ottoman household, Dhimmi communities, children and family law, morality, and violence.

Download or read book Obligation and Commitment in Family Law written by Gillian Douglas and published by Bloomsbury Publishing. This book was released on 2018-04-19 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: A tension lies at the heart of family law. Expressed in the language of rights and duties, it seeks to impose enforceable obligations on individuals linked to each other by ties that are usually regarded as based on love or blood. Taking a contextual approach that draws on history, sociology and social policy as well as law and legal theory, this book examines the concept of obligation as it has been developed in family law and the difficulties the law has had in translating it from a theoretical and ideological concept into the basis of enforceable actions and duties. Increasingly, the idea of commitment has been offered as the key organising principle for the recognition of family relationships, often as a means of rebutting claims that family ties are becoming attenuated, but the meaning and scope of this concept have not been explored. The book traces how the notion of commitment is understood and how far it has come to be used as a rationale for imposing the core legal obligations which underpin care and caring within families.

Download or read book Adjudication in Religious Family Laws written by Gopika Solanki and published by Cambridge University Press. This book was released on 2011-04-25 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the shared adjudication model in which the state splits its adjudicative authority with religious groups and other societal sources in the regulation of marriage can potentially balance cultural rights and gender equality. In this model the civic and religious sources of legal authority construct, transmit and communicate heterogeneous notions of the conjugal family, gender relations and religious membership within the interstices of state and society. In so doing, they fracture the homogenized religious identities grounded in hierarchical gender relations within the conjugal family. The shared adjudication model facilitates diversity as it allows the construction of hybrid religious identities, creates fissures in ossified group boundaries and provides institutional spaces for ongoing intersocietal dialogue. This pluralized legal sphere, governed by ideologically diverse legal actors, can thus increase gender equality and individual and collective legal mobilization by women effects institutional change.

Download or read book Family Justice Review written by Family Justice Review and published by The Stationery Office. This book was released on 2011-04 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal framework of family justice in England and Wales is strong. Its principles are right, in particular the starting point that the welfare of children must be paramount. Every year 500,000 parents and children are involved in the system. But the system is under great strain: cases take far too long (the average case took 53 weeks in 2010); too many private law disputes end up in court; the system lacks coherence; there is growing mistrust leading to layers of checking and scrutiny; little mutual learning or feedback; a worrying lack of IT and management information. The Review's recommendations aim: to bring greater coherence through organisational change and better management; making the system more able to cope with current and future pressures; to reduce duplication of scrutiny to the appropriate level; and to divert more issues away from the courts. The chapters of the review cover: the current system; the proposed Family Justice Service; public law; private law; financial implications and implementation; and there are eighteen annexes. The proposals are now out for consultation, with the final report due in autumn 2011.

Download or read book The Transformation of Family Law written by Mary Ann Glendon and published by University of Chicago Press. This book was released on 1989 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mary Ann Glendon offers a comparative and historical analysis of rapid and profound changes in the legal system beginning in the 1960s in England, France, West Germany, Sweden, and the United States, while bringing new and insightful interpretation and critical thought to bear on the explosion of legislation in the last decade. "Glendon is generally acknowledged to be the premier comparative law scholar in the area of family law. This volume, which offers an analytical survey of the changes in family law over the past twenty-five years, will burnish that reputation. Essential reading for anyone interested in evaluating the major changes that occurred in the law of the family. . . . [And] of serious interest to those in the social sciences as well."—James B. Boskey, Law Books in Review "Poses important questions and supplies rich detail."—Barbara Bennett Woodhouse, Texas Law Review "An impressive scholarly documentation of the legal changes that comprise the development of a conjugally-centered family system."—Debra Friedman, Contemporary Sociology "She has painted a portrait of the family in which we recognize not only ourselves but also unremembered ideological forefathers. . . . It sends our thoughts out into unexpected adventures."—Inga Markovits, Michigan Law Review

Download or read book Modernization Tradition and Identity written by Euis Nurlaelawati and published by Amsterdam University Press. This book was released on 2010 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nurlaelawati's close and contextually sensitive analysis of judicial practice in Indonesia's Islamic courts yields invaluable insights into the subtle dynamics of legal change in a modern Islamic legal system. Prof. Mark Cammack, Professor of Law, Southwestern Law School, Los Angeles --

Download or read book Modernizing Women written by Valentine M. Moghadam and published by Lynne Rienner Publishers. This book was released on 2003 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Extrait de la préface : "The subject of this study is social change in the Middle East, North Africa, and Afghanistan ; its impact on women's legal status and social positions ; and women's varied responses to, and involvment in, change processes. It also deals with constructions of gender during periods of social and political change. Social change is usually described in terms of modernization, revolution, cultural challenges, and social movements. Much of the standard literature on these topics does not examine women or gender, and thus [the author] hopes this study will contribute to an appreciation of the significance of gender in the midst of change. Neither are there many sociological studies on MENA and Afghansitan or studies on women in MENA and Afghanistan from a sociological perspective. Myths and stereotypes abund regarding women, Islam, and the region, and the sevents of September 11 and since have only compounded them. This book is intended in part to "normalize" the Middle East by underscoring the salience of structural determinants other than religion. It focuses on the major social-change processes in the region to show how women's lives are shaped not only by "Islam" and "culture", but also by economic development, the state, class location, and the world system. Why the focus on women? It is [the autor's] contention that middle-class women are consciously and unconsciously major agents of social change in the region, at the vanguard of movements for modernity, democratization and citizenship."

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: This is the first book to explore the canonical narratives, stories, examples, and ideas that legal decisionmakers invoke to explain family law and its governing principles. Jill Elaine Hasday shows how this canon misdescribes the reality of family law, misdirects attention away from actual problems family law confronts, and misshapes policies.

Download or read book Family Law in a Changing America written by Douglas NeJaime and published by Aspen Publishing. This book was released on 2020-09-15 with total page 1152 pages. Available in PDF, EPUB and Kindle. Book excerpt: Family Law in a Changing America is a new casebook that highlights law and family patterns as they are now, not as they were decades ago. By focusing on key changes in family life, the casebook attends to rising equality and inequality within and among families. The law, formally at least, accords more equality and autonomy than ever before, having repudiated hierarchies based on race, gender, and sexuality. Yet, as our society has grown more economically unequal, so too have family patterns diverged—with marriage and marital child-rearing becoming a mark of privilege. A number of developments—mass incarceration, the privatization of care, and reproductive technologies—have also contributed to disparities based on race, class, and gender. The casebook reflects the law’s continuing emphasis on marriage, but also treats nonmarital families as central. Rather than privilege the marital heterosexual family, the casebook organizes the presentation of the law around 1) adult relationships and 2) parent-child relationships. Professors and students will benefit from: Text that includes dramatic changes in family patterns in contemporary society, including: declining marriage rates, with differential rates based on race and class; increasing rates of nonmarital cohabitation and nonmarital parenting; the use of assisted reproduction and its challenge to biological understandings of parentage; tensions between women’s increasing education and employment and the perseverance of the gendered division of labor in families; the inclusion of same-sex couples in marriage and parenthood An approach that decenters the marital heterosexual family and instead is structured around the general topics of adult relationships and parent-child relationships Focus on the scope of family law, including extensive coverage of crucial sites of family regulation, such as the child welfare system, that are traditionally neglected Emphasis on multiple modes of legal interpretation (common law, constitutional, statutory) and multiple actors in the legal system (judges, legislators, lawyers, experts, social workers) Practical problems and exercises, often based on actual cases or events, that illuminate the gaps, tensions, and implications of existing doctrine; some of the problems include postscripts explaining how the issue was resolved by a court or legislature An approach that draws on more recent cases and cutting-edge issues and that includes extensive coverage of assisted reproduction (including IVF, surrogacy, and gamete donation), parentage (including intentional parenthood, functional parenthood, and multi-parent arrangements), adoption, child welfare, and family support

Download or read book Contractualisation of Family Law Global Perspectives written by Frederik Swennen and published by Springer. This book was released on 2015-07-06 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents global and comparative perspectives on the perpetual pendular movement of family law between status and contract. It contributes to the topical academic debate on ‘family law exceptionalism’ by exploring the blurred lines between public law, private law and family law, and sheds light on the many shades of grey that exist. The contributions focus on both substantive and procedural family law on parents and children and on life partners, with particular attention for contractual arrangements of family formations and of conflict resolution. The hypothesis underlying all contributions was the trend towards contractualisation of family law. A convergent research outcome resulting from the comparison of national reports was the ambivalent position of family law in legal systems worldwide. That comparison shows that, whereas family law is clearly moving towards contract with regard to old family formations, the contrary is true for new family formations. The movement towards contract is rarely considered to be contractualisation pur sang, with civil effect. The movement towards status, finally, does not necessarily witness ‘family law exceptionalism’ vis-à-vis private law, in view of the increasing State interventionism in private law relations in general. In sum, as the volume shows, the high permeability of the demarcations between the State, the family and the market impedes a categorial approach. This volume is based on the general and selected national reports on the topic “Contractualisation of Family Law” that were presented at the XIXth International Congress of Comparative Law in Vienna in July 2014.

Download or read book International Family Law written by Barbara Stark and published by Routledge. This book was released on 2017-03-02 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law has become part of everyday family law practice, as lawyers everywhere are confronted with questions regarding the rights of 'mail-order' brides, the adoption of children from other countries, the abduction of children by foreign parents, and domestic violence victims seeking asylum. Indeed, globalization is transforming family law, even as families themselves are being redefined. This book provides a practical overview of such issues and also examines the ways in which culture shapes family law in different countries. It provides students with a useful introduction to challenging, complicated and fascinating issues in international family law. Finally, by incorporating a comparative perspective, it gives readers an opportunity to re-examine their own legal systems.

Download or read book Family Law and Inheritance in America written by Yvonne Pitts and published by Cambridge University Press. This book was released on 2013-05-20 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Yvonne Pitts explores inheritance practices by focusing on nineteenth-century testamentary capacity trials in Kentucky in which disinherited family members challenged relatives' wills. These disappointed heirs claimed that their departed relative lacked the capacity required to write a valid will. These inheritance disputes criss-crossed a variety of legal and cultural terrains, including ordinary people's understandings of what constituted insanity and justice, medical experts' attempts to infuse law with science, and the independence claims of women. Pitts uncovers the contradictions in the body of law that explicitly protected free will while simultaneously reinforcing the primacy of blood in mediating claims to inherited property. By anchoring the study in local communities and the texts of elite jurists, Pitts demonstrates that 'capacity' was a term laden with legal meaning and competing communal values about family, race relations and rationality. These concepts evolved as Kentucky transitioned from a conflicted border state with slaves to a developing free-labor, industrializing economy.

Download or read book Family Law written by Roiya Hodgson and published by Legal Practice Course Manuals. This book was released on 2021-01-04 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Family Law takes a practical approach to family law and procedure, supporting students with a range of learning features such as self-test questions, chapter summaries, and diagrams. Case studies and examples are included throughout to show the practical applications of the law and are accompanied by worked sample documents.

Download or read book Women and Muslim Family Laws in Arab States written by Lynn Welchman and published by Amsterdam University Press. This book was released on 2007 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: A number of Arab states have recently either codified Muslim family law for the first time, or have issued amendments or new laws which significantly impact the statutory rights of women as wives, mothers and daughters. In Women and Muslim Family Laws in Arab States Lynn Welchman examines women's rights in Muslim family laws in Arab states across the Middle East while also surveying the public debates surrounding the issues. The author considers these new laws alongside older statutes to comment on the patterns and dynamics of change both in the texts of the laws, and in the processes through by which they are drafted and issued. She draws on original legal texts and explanatory statements as well as on extensive secondary literature particular to certain states for an insight into practice, and on; interventions by women's rights organizations and other parties to the debate in the press and in advocacy materials. The discussions are set in the contemporary global context that 'internationalises' the domestic and regional debates.The book considers laws in states from the Gulf to North Africa in regard to their approaches to issues of codification processes and issues of and of registration, capacity and guardianship in marriage, polygyny, the marital relationship, divorce and child custody. -- Publisher description.