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 Homogenous Rules for Heterogeneous Families written by Katharine K. Baker and published by . This book was released on 2017 with total page 71 pages. Available in PDF, EPUB and Kindle. Book excerpt: The article explores the ironies involved in the contemporary enforcement of family obligations. As forms of intimate partnership and parenthood become ever more varied, the law of family obligation - child support, property division and alimony - has become increasingly routine and formulaic. As scholars increasingly call for more attention to the varied ways in which different individuals and communities structure their care networks and their intimate lives, the law of family obligation has become less, not more attentive to context. This piece explains how the law's rejection of context is an understandable reaction to the growing diversity of family forms. By unpacking contemporary family law rules, one see that the baselines and value judgments informing the law of family obligation are usually contested or arbitrary or both. They are accepted not because they represent consensus on what obligation should be but because they clearly demarcate who is obligated and for how much. Predictability emerges as more important than context for almost everyone. Social acceptance of so many different family forms makes judicial attention to context extraordinarily invasive and expensive. In an area of law where very few of the parties have the resources or desire to debate the normative underpinnings of family obligation and where both the parties and the state have strong interests in minimizing contested issues, there are compelling reasons to establish a very rule and status based law of obligation, even if that system is rooted in a normative vision of family that, for most people, has ceased to exist. The article thus argues that despite the profoundly limited way in which the current law identifies families, some reliance on restricted legal definitions of family will be necessary for any meaningful system of family obligation to operate. In doing so, the article challenges much contemporary family law scholarship and suggests that we may have to accept the law's privileging of certain family forms if we are to expect an enforceable system of family obligation.
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 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 Managing Family Justice in Diverse Societies written by Mavis Maclean and published by Bloomsbury Publishing. This book was released on 2013-02-15 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this book is to explore what response the law has or should have to different family practices arising from cultural and religious beliefs. The issue has become increasingly debated as western countries have become more culturally diverse. Although discussion has frequently focused on the role Islamic family law should have in these countries, this book seeks to set that discussion within a wider context that includes consideration both of theoretical issues and also of empirical data about the interaction between specific family practices and state law in a variety of jurisdictions ranging from England and Wales to Bangladesh, Botswana, Spain, Poland, France, Israel, Iran and South Africa. The contributors to the 17 chapters approach the subject matter from a variety of perspectives, illustrating its complex and often sensitive nature. The book does not set out to propose any single definitive strategy that should be adopted, but provides material on which researchers, advocates and policy makers can draw in furthering their understanding of and seeking solutions to the problems raised by this significant social development.
Download or read book Law s Families written by Alison Diduck and published by Cambridge University Press. This book was released on 2003-07 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the diversity of perspectives and approaches in family law scholarship and drawing upon this work, this book provides an analysis of recent trends in family law from a socio-legal and feminist perspective, and questions the nature of the 'nuclear' family.
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 Modern Family Law written by D. Kelly Weisberg and published by Aspen Publishing. This book was released on 2024-02-12 with total page 905 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the conflict between respect for privacy and deference to state authority in the context of family law today, each chapter in the Eighth Edition of this popular Family Law casebook provides a lens to explore the appropriate role of the state in family decision making, and helps equip students to handle current and emerging family law issues. The book features riveting well-edited cases, notes, interdisciplinary materials, and problems that highlight issues of gender, sexuality, race, and class. Integrating legal developments with perspectives from history, psychology, sociology, medicine, and philosophy, this casebook uniquely reflects the full diversity of the modern family, including key updates on marriage equality and parentage issues for LGBTQ-headed families, nonmarital families, abortion, adoption, and assisted reproduction. New to the Eighth Edition: Recent landmark developments in the law of abortion, including Dobbs v. Jackson Women’s Health Organization, and updates on state law efforts to curtail abortion access Conflict between nondiscrimination principles and the First Amendment, including 303 Creative v. Elenis Updates on recent or pending Supreme Court cases, including Brackeen v. Haaland, Golan v. Saada, and Rahimi v. U.S. Recent Uniform Acts, including the Uniform Cohabitants' Economic Remedies Act and the Uniform Unregulated Child Custody Transfer Act New federal law, including the Violence Against Women Reauthorization Act (2022) and the Respect for Marriage Act State law reform on marriages involving minors Impact of COVID on family law Benefits for instructors and students: A mix of “classics” and cutting-edge materials illuminate family law’s past and its continuing development in an era of exciting change Materials—such as narratives, epilogues, personal communications, social science perspectives, and comparative information—bring family law to life Thoughtfully organized materials clearly present basic principles and doctrines, while inviting policy-based reflections and questions about law reform Provocative questions and Problems based on cases and current events will spark lively class discussions
Download or read book Family Law and Gender Bias written by Nicholas Mercuro and published by JAI Press(NY). This book was released on 1992 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Blues, by Steven H. Hobbs
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 Redefining Family Law written by Helen Michas and published by . This book was released on 1995 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Family Law written by Vikash Dabriwal and published by Independently Published. This book was released on 2023-07-24 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Family Law: Foundations and Modern Dynamics" is a comprehensive exploration of the multifaceted field of family law, examining its historical roots and contemporary developments. The book delves into the significance of family law in shaping relationships and society's well-being. It covers various aspects, including marriage and legal partnerships, divorce, child custody and support, adoption, domestic violence, elder care, mental health considerations, inheritance rights, and more. Throughout the book, readers gain insights into the principles and objectives of family law, emphasizing the protection of vulnerable individuals and the best interests of children. It highlights the evolving nature of family structures, recognizing cultural diversity while promoting legal uniformity. The book addresses the impact of technological advancements on family law and explores future trends and challenges in the field. It encourages an open-minded and respectful approach to understanding family law's role in fostering social cohesion and supporting the well-being of individuals and families. By presenting various legal considerations and offering practical insights, "Family Law: Foundations and Modern Dynamics" serves as a valuable resource for legal professionals, students, and anyone interested in the complexities of family law and its impact on contemporary society.
Download or read book Exploring Norms and Family Laws across the Globe written by Melissa L. Breger and published by Rowman & Littlefield. This book was released on 2022-03-28 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together some of the world’s leading family law scholars, as well as bright and emerging minds in the field of global family law, this book explores the differences and commonalities in the conceptualization and legal treatment of families throughout different legal traditions. Each chapter delves into topics integral to family law jurisprudence and serves as a novel examination into a deep slice of family law. Together, the four parts and sixteen chapters create a melodious and intriguing examination of groundbreaking and cutting-edge areas of law in the realm of the family. The four parts primarily focus upon a major family law topic with the authors examining the laws across jurisdictions, cross-nationally, or in some cases intra-jurisdictionally. It is through this comparative lens that we see how family law concepts are woven into the fabric of overall society around the globe. This book is of interest to family law, international law, sociology, and socio-legal scholars.
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 369 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.
