Family Law and Family Policy in the New Europe

Family Law and Family Policy in the New Europe
Author: Jacek Kurczewski
Publisher: Dartmouth Publishing Company
Total Pages: 0
Release: 1997
Genre: Domestic relations
ISBN: 9781855218109

This volume examines how 'the family' will be defined and regulated in the New Europe emerging from the constraints of totalitarian rule and the protection of the 'welfare statism'.

Principles of European Family Law Regarding Property, Maintenance and Succession Rights of Couples in de Facto Unions

Principles of European Family Law Regarding Property, Maintenance and Succession Rights of Couples in de Facto Unions
Author: Katharina Boele-Woelki
Publisher: European Family Law
Total Pages: 0
Release: 2019
Genre: Common law marriage
ISBN: 9781780687889

The CEFL has developed a comprehensive and original set of rules which may be a source of inspiration for legislating the rights and duties of couples who have not formalised their relationship. In their provisions on specific issues, the Principles opt for workable solutions which aim to avoid unnecessary hardship and disputes.

Legal Recognition of Non-Conjugal Families

Legal Recognition of Non-Conjugal Families
Author: Nausica Palazzo
Publisher: Bloomsbury Publishing
Total Pages: 268
Release: 2021-02-25
Genre: Law
ISBN: 1509939962

This book argues that insufficient recognition of new families is a legal problem that needs fixing in light of recent evolutions in family patterns and normative conceptions of 'family'. People increasingly invest in relationships falling outside the model of the marital family, such as non-conjugal unions of friends or relatives, polyamorous relationships and various religious-based families. Despite this, Western jurisdictions retain the marital family as the relevant basis for allocating family law benefits, rights and obligations. Part I of the book illustrates recent evolutions in family patterns and norms, and explores how law can accommodate multiple family grids without legal recognition involving normalisation. Part II focuses on courtroom litigation on the basis that courts nowadays are central avenues of social change. It takes non-conjugal families as a case study and provides an analysis of the most compelling argumentative strategies that non-conjugal families can mobilise to pursue legal recognition in Canada and the United States, and within the systems of the European Convention of Human Rights and the European Union. Through its comparative, interdisciplinary and critical legal method, the book provides scholars, activists and policymakers with conceptual tools to tackle the current invisibility of new families. Further, by advancing legal arguments to enhance the protection of non-conjugal families in courtrooms, the book illuminates the different approaches jurisdictions are likely to take and the hindrances thereof to overcome and debunk stereotypes associated with proper familyhood.

Harmonisation of Family Law in Europe

Harmonisation of Family Law in Europe
Author: M. V. Antokolʹskai︠a︡
Publisher:
Total Pages: 0
Release: 2006
Genre: Conflict of laws
ISBN: 9789050955768

This book provides an overview of the developments in family law in Europe during the last two millennia. It aims to examine the so-called 'cultural constraints argument', which suggests that family law is unsuitable for harmonisation because the family laws of the European countries are deeply imbedded in their unique national cultures and history. It follows the path of the greatest-ever harmonisation event in European legal history: the creation of the medieval canon family law, and shows how, under the impact of pan-European economic, cultural and ideological trends, medieval uniformity turned into present-day diversity. Everywhere in Europe the evolution of family law generally followed the same pattern - from a traditional restrictive family law, built upon communitarian, transpersonal premises, to a more permissive family law, based upon modern personalistic ideology - yet national differences seem not to be disappearing. It appears, however, that this has little to do with the

Children, Families, and States

Children, Families, and States
Author: Cristina Allemann-Ghionda
Publisher: Berghahn Books
Total Pages: 458
Release: 2011-03-01
Genre: History
ISBN: 0857450972

Due to the demand for flexible working hours and employees who are available around the clock, the time patterns of childcare and schooling have increasingly become a political issue. Comparing the development of different “time policies” of half-day and all-day provisions in a variety of Eastern and Western European countries since the end of World War II, this innovative volume brings together internationally known experts from the fields of comparative education, history, and the social and political sciences, and makes a significant contribution to this new interdisciplinary field of comparative study.

Family, Religion and Law

Family, Religion and Law
Author: Dr Prakash Shah
Publisher: Ashgate Publishing, Ltd.
Total Pages: 261
Release: 2014-06-28
Genre: Law
ISBN: 1472433173

This collection discusses how official legal systems do and should respond to the reality of a plurality of family types and origins within their jurisdictions. It further examines the challenges that arise for practitioners, including lawyers and judges, when faced with such plurality. Focussing on empirical research, the volume presents legal and sociological data of unprecedented comparative depth. It also includes a discussion of how members of minority families respond to the need to organise their legal relationships, and to resolve their disputes in the shadow of official legal systems which differ from those of their familial and communal traditions. The work invites reflection, and demonstrates the urgency and complexity of the questions regarding the search for justice in the field of family life in Europe today.

Perspectives for the Unification and Harmonisation of Family Law in Europe

Perspectives for the Unification and Harmonisation of Family Law in Europe
Author: Katharina Boele-Woelki
Publisher: Intersentia nv
Total Pages: 600
Release: 2003
Genre: Domestic relations
ISBN: 9050952879

Is the unification and harmonisation of (international) family law in Europe necessary? Is it feasible, desirable and possible? Reading the different contributions to this book may certainly inspire those who would like to find the right answers to these questions.

Handbook of Family Policies Across the Globe

Handbook of Family Policies Across the Globe
Author: Mihaela Robila
Publisher: Springer Science & Business Media
Total Pages: 475
Release: 2013-06-19
Genre: Social Science
ISBN: 1461467713

Family policy holds a particular status in the quest for a more equitable world as it intersects the rights of women, children, and workers. But despite local and global efforts and initiatives, the state of family policy in different areas of the world varies widely. Through a cross-section of countries on six continents, Family Policies Across the Globe offers the current state of the laws concerning family life, structure, and services, providing historical, cultural, and socioeconomic context. Lucidly written chapters analyze key aspects of family definition, marriage, child well-being, work/family balance, and family assistance, reviewing underlying social issues and controversies as they exist in each country. Details of challenges to implementation and methods of evaluating policy outcomes bring practical realities into sharp focus, and each chapter concludes with recommendations for improvement at the research, service, and governmental levels. The result is an important comparative look at how governments support families, and how societies perceive themselves as they evolve. Among the issues covered: Sierra Leone: toward sustainable family policies. Russia: folkways versus state-ways. Japan: policy responses to a declining population. Australia: reform, revolutions, and lingering effects. Canada: a patchwork policy. Colombia: a focus on policies for vulnerable families. Researchers , professors and graduate students in the fields of social policy, child and family studies, psychology, sociology, and social work will find in Family Policies Across the Globe a reference that will grow in importance as world events continue to develop.

Plurality and Diversity of Family Relations in Europe

Plurality and Diversity of Family Relations in Europe
Author: Katharina Boele-Woelki
Publisher: European Family Law
Total Pages: 0
Release: 2019
Genre: Domestic relations
ISBN: 9781780688176

This volume contains the contributions delivered at CEFL's sixth international conference, which focused on comparative and international family law in Europe in their respective cultural contexts. Inter alia in this book CEFL experts and other legal scholars address the CEFL and its Principles, the interrelation of family law and family sociology, family migration, childrens and womens fundamental rights, as well as the developing concept of parenthood, the role of children in family proceedings, extra-judicial divorces and ADR in family matters.While the development of modern trends in European family law is going on, some new challenges arise and old challenges remain. The awareness of more plurality and diversity in family relationships is increasing. Both pose problems. New legal solutions have to be integrated into the existing family law system. On the other hand, there are tensions between modern fundamental values and traditional religious solutions. For both a deeper analysis is necessary.The conference, and in turn the book, aims to enhance the exchange of ideas and arguments on comparative and international family law in Europe.

Routledge Handbook of Family Law and Policy

Routledge Handbook of Family Law and Policy
Author: John Eekelaar
Publisher: Routledge
Total Pages: 570
Release: 2020-07-26
Genre: Law
ISBN: 1000096505

Changes in family structures, demographics, social attitudes and economic policies over the last 60 years have had a large impact on family lives and correspondingly on family law. The Second Edition of this Handbook draws upon recent developments to provide a comprehensive and up-to-date global perspective on the policy challenges facing family law and policy round the world. The chapters apply legal, sociological, demographic and social work research to explore the most significant issues that have been commanding the attention of family law policymakers in recent years. Featuring contributions from renowned global experts, the book draws on multiple jurisdictions and offers comparative analysis across a range of countries. The book addresses a range of issues, including the role of the state in supporting families and protecting the vulnerable, children’s rights and parental authority, sexual orientation, same-sex unions and gender in family law, and the status of marriage and other forms of adult relationships. It also focuses on divorce and separation and their consequences, the relationship between civil law and the law of minority groups, refugees and migrants and the movement of family members between jurisdictions along with assisted conception, surrogacy and adoption. This advanced-level reference work will be essential reading for students, researchers and scholars of family law and social policy as well as policymakers in the field.