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Author: Joel A. Nichols
Publisher:
Published: 2014-05-14
Total Pages: 418
ISBN-13: 9781139190107
DOWNLOAD EBOOK →Examines whether more pluralism in family law is normatively desirable and should be affirmatively fostered.
Author: Joel A. Nichols
Publisher: Cambridge University Press
Published: 2011-10-31
Total Pages: 417
ISBN-13: 1139503979
DOWNLOAD EBOOK →American family law makes two key assumptions: first, that the civil state possesses sole authority over marriage and divorce; and second, that the civil law may contain only one regulatory regime for such matters. These assumptions run counter to the multicultural and religiously plural nature of our society. This book elaborates how those assumptions are descriptively incorrect, and it begins an important conversation about whether more pluralism in family law is normatively desirable. For example, may couples rely upon religious tribunals (Jewish, Muslim, or otherwise) to decide family law disputes? May couples opt into stricter divorce rules, either through premarital contracts or 'covenant marriages'? How should the state respond? Intentionally interdisciplinary and international in scope, this volume contains contributions from fourteen leading scholars. The authors address the provocative question of whether the state must consider sharing its jurisdictional authority with other groups in family law.
Author: Matora Ntimo-Makara
Publisher: African Books Collective
Published: 2009
Total Pages: 168
ISBN-13: 9994455400
DOWNLOAD EBOOK →This book addresses the following research questions: What is the people's understanding of the existing marriage laws and their inherent contradictions? What factors influence people's choice of type of marriage? What factors push one to wish to get out of a marriage? What are the experiences and challenges of going through divorce? What are the expectations and contradictions posed by the sociocultural, legal and religious contexts that divorcees live within? What is the people's understanding of the concept of divorce and desertion? What support does the legal system itself provide to "divorcees"? What coping strategies have people developed and adopted in order to survive?
Author: Robert E. Emery
Publisher: SAGE
Published: 2013-02-21
Total Pages: 1625
ISBN-13: 1412999588
DOWNLOAD EBOOK →While the formal definition of divorce may be concise and straightforward (legal termination of a marital union, dissolving bonds of matrimony between parties), the effects are anything but, particularly when children are involved. The Americans for Divorce Reform estimates that "40 or possibly even 50 percent of marriages will end in divorce if current trends continue." Outside the U.S., divorce rates have markedly increased across developed countries. Divorce and its effects are a significant social factor in our culture and others. It might be said that a whole "divorce industry" has been constructed, with divorce lawyers and mediators, family counselors, support groups, etc. As King Henry VIII's divorces showed, divorce has not always been easy or accepted. In some countries, divorce is not permitted and even in Europe, countries such as Spain, Italy, Portugal, and the Republic of Ireland legalized divorce only in the latter quarter of the 20th century. This multi-disciplinary encyclopedia covers curricular subjects related to divorce as examined by disciplines ranging from marriage and the family to anthropology, social and legal history, developmental and clinical psychology, and religion, all through a lens of cultural sociology. Features: 550 signed entries, A-to-Z, fill 3 volumes (1,500 pages) in print and electronic formats, offering the most detailed reference work available on issues related to divorce, both in the U.S. and globally. Cross-References and Further Readings guide readers to additional resources. A Chronology provides students with context via a historical perspective of divorce. In the electronic version, the comprehensive Index combines with Cross-References and thematic Reader's Guide themes to provide convenient search-and-browse capabilities. For state and nation entries, uniform entry structure combined with an abundance of statistics facilitates comparison between and across states and nations. Appendices provide further annotated sources of data and statistics.
Author: Joanna Miles
Publisher: Bloomsbury Publishing
Published: 2015-09-24
Total Pages: 384
ISBN-13: 1782259643
DOWNLOAD EBOOK →Recent years have seen extensive discussion about the continuing retreat from marriage, the increasing demand for the right to marry from previously excluded groups, and the need to protect those who do not wish to marry from being forced to do so. At the same time, weddings are big business, couples are spending more than ever before on getting married, and marriage ceremonies are increasingly elaborate. It is therefore timely to reflect on the rites of marriage, as well as the right to marry (or not to marry), and the relationship between them. To this end, this new interdisciplinary collection brings together scholars from numerous fields, including law, sociology, anthropology, psychology, demography, theology and art and design. Focusing on England and Wales, it explores in depth the specific issues arising from this jurisdiction's Anglican heritage, demographic development, current laws and social practices.
Author: Mavis Maclean
Publisher: Bloomsbury Publishing
Published: 2013-02-15
Total Pages: 326
ISBN-13: 178225076X
DOWNLOAD EBOOK →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.
Author: Cheng-Tong Lir Wang
Publisher:
Published: 2017
Total Pages: 214
ISBN-13: 9780355307924
DOWNLOAD EBOOK →This dissertation examines how the diffusion of global cultural norms and projects influence local marital behaviors by comparing two practices, namely, divorce and child marriage. It explores how these practices change over time by looking at aggregate-level indicators of divorce rates and child marriage prevalence and individual-level indicators of the risks associated with these two behaviors. By analyzing how various factors at the individual, national, and global levels influence changes, this project substantiates World Society theory's argument regarding the top-down influence on individual behaviors. I argue that since the second half of the twentieth century, the world society, an international system of global institutions, international NGOs, and a set of cultural norms, has become a major source and promoter of many social reform projects, including the reform of marriage. Individualism, equality, and consent are the core cultural principles that sustain the contemporary ideal of marriage. The panel regression and multilevel regression results demonstrate that the legitimation and diffusion of these norms has inspired multilateral endeavor to fight the practice of child marriage. In Chapter 2, the analyses show that the dedication of resource and diffusion of norms significantly reduce the prevalence of child marriage and the individual risk of becoming a child bride. In Chapter 3 and 4, I further argue that even when there is no targeted effort on the issue of divorce, the world society can still influence local divorce practices through the "penumbra effect." Local actors infer proper divorce practices from the fundamental cultural norms and reshape the practice of divorce. I examine the global cultural diffusion effect on gross divorce rates in a wide range of countries over 40 years and on the individual risk of divorce in developing countries during the last 30 years. The results once again suggest that global cultural diffusion increases the individual likelihood of divorce and aggregate rates of divorce. These results are statistically significant in models that take into consideration local processes suggested by existing literature. Therefore, the results demonstrate that although local forces transform shape practices, the influence of global cultural diffusion is also at work.
Author: Daphna Hacker
Publisher: Cambridge University Press
Published: 2017-08-18
Total Pages: 397
ISBN-13: 1108210937
DOWNLOAD EBOOK →Providing a panoramic and interdisciplinary perspective, this book explores the interrelations between globalization, borders, families and the law. It considers the role of international, multi-national and religious laws in shaping the lives of the millions of families that are affected by the opportunities and challenges created by globalization, and the ongoing resilience of national borders and cultural boundaries. Examining familial life-span stages - establishing spousal relations, raising children and being cared for in old age - Hacker demonstrates the fruitfulness in studying families beyond the borders of national family law, and highlights the relevance of immigration and citizenship law, public and private international law and other branches of law. This book provides a rich empirical description of families in our era. It is relevant not only to legal scholars and practitioners but also to scholars and students within the sociology of the family, globalization studies, border studies, immigration studies and gender studies.
Author: Michael A. Helfand
Publisher: Cambridge University Press
Published: 2015-07-02
Total Pages: 363
ISBN-13: 1107083761
DOWNLOAD EBOOK →Non-state law is playing an increasing role in both public and private ordering. Numerous organizations have emerged alongside the nation-state, each purporting to provide their members with rules and norms to govern their conduct and organize their affairs. The nation-state increasingly finds itself sandwiched, between two broad and contrasting categories of non-state law. The first - law above the state - captures legal systems that function across the territorial borders of nation-states. The second category - law below the state - includes forms of local customary, religious, and indigenous law. As these forms of non-state law persist and proliferate alongside the nation-state, the relationship between state and non-state law becomes more complex, multifaceted, and tense. This volume addresses this relationship considering whether and to what extent state and non-state law can coexist and how each form of law seeks to influence as well as transform the other.
Author: Jonathan Herring
Publisher: Bloomsbury Publishing
Published: 2015-04-17
Total Pages: 493
ISBN-13: 1509958622
DOWNLOAD EBOOK →This textbook is an ambitious and engaging introduction to the more advanced writings on family law, primarily designed to allow students to 'get under the skin' of the topic and begin to build their critical thinking and analysis skills. Each chapter is structured around key questions and debates that provoke deeper thought and, ultimately, a clearer understanding. The aim of the book is therefore not to present a complete overview of theoretical issues in family law, but rather to illustrate the current debates which are currently going on among those working in shaping the area. The text features summaries of the views of notable experts on key topics and each chapter ends with a list of guided further reading.
