Family Law Challenges In A Changing Society
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Author | : Alicia Danielsson |
Publisher | : GRIN Verlag |
Total Pages | : 23 |
Release | : 2014-08-05 |
Genre | : Law |
ISBN | : 3656711356 |
Research Paper (undergraduate) from the year 2014 in the subject Law - Civil / Private / Family Law / Law of Succession, grade: A - Excellent, University of Hertfordshire, course: Independent Legal Study, language: English, abstract: There are many ways to define marriage and there are numerous perspectives on which these definitions can be based. Every country or even state has its own legal definition, each culture will have its own cultural and sociological definition, religions will have their own religious definitions and even each era will has its own anthropological definition. The British anthropologist Eleanor Kathleen Gough Aberle defined marriage in 1959 as „a relationship established between a woman and one or more other persons, which provides that a child born to the woman under circumstances not prohibited by the rules of the relationship, is accorded full birth-status rights common to normal members of his society or social stratum.” For statistical purposes the United Nations have recommended the following definition: „the legal union of persons of opposite sex. The legality of the union may be established by civil, religious, or other means as recognised by the laws of each country; and irrespective of the type of marriage, each should be reported for vital statistics purposes.” It is particularly interesting that the United Nations have added the word “legal” to their definition which provides the institution of marriage with a legal dimension. In the book “A practical treatise on the law of marriage and divorce“, Leonard Shelford explains that “Marriage, in its origin, is a contract of natural law antecedent to its becoming in civil society a civil contract, regulated and prescribed by law and endowed with civil consequences.” However, the past decades have experienced a decline in marriages amongst the British population as well as a substantial increase of cohabiting partners, who share the same domicile without having some form of contract governing the relationship. This has given rise to various approaches as to how relationships and families in particular are to be regulated. The following discussion will begin by taking a look at the current situation in England and Wales. Hereafter, points 3 and 4 will provide a theoretical foundation of the development of marriage and families as well as laws and justice. Finally, the last two points will discuss the recommended reform of the laws governing cohabitation and the current marriage scepticism which is growing in feminist and liberal jurisprudence.
Author | : ʻAbd Allāh Aḥmad Naʻīm |
Publisher | : Zed Books |
Total Pages | : 340 |
Release | : 2002-08 |
Genre | : Family & Relationships |
ISBN | : 9781842770931 |
In "Islamic Family Law in a Changing World," Abdullahi A. An-Na'im explores the practice of the Shari'a, commonly known as Islamic Family Law. An-Na'im shows that the practical application of Shari'a principles is often modified by theological differences of interpretation, a country's particular customary practices, and state policy and law.
Author | : Marsha Garrison |
Publisher | : Cambridge University Press |
Total Pages | : 361 |
Release | : 2012-10-15 |
Genre | : Family & Relationships |
ISBN | : 1107018277 |
The institution of marriage is at a crossroads. Across most of the industrialized world, unmarried cohabitation and nonmarital births have skyrocketed while marriage rates are at record lows. These trends mask a new, idealized vision of marriage as a marker of success as well as a growing class divide in childbearing behavior: the children of better educated, wealthier individuals continue to be born into relatively stable marital unions while the children of less educated, poorer individuals are increasingly born and raised in more fragile, nonmarital households. The interdisciplinary approach offered by this edited volume provides tools to inform the debate and to assist policy makers in resolving questions about marriage at a critical juncture. Drawing on the expertise of social scientists and legal scholars, the book will be a key text for anyone who seeks to understand marriage as a social institution and to evaluate proposals for marriage reform.
Author | : John Eekelaar |
Publisher | : Hart Publishing |
Total Pages | : 666 |
Release | : 1998-10-19 |
Genre | : Family & Relationships |
ISBN | : |
This book analyses how family law in a variety of countries has responded to the increase in the amount of recognized family structures.
Author | : Lawrence Meir Friedman |
Publisher | : Harvard University Press |
Total Pages | : 254 |
Release | : 2004 |
Genre | : Law |
ISBN | : 9780674015623 |
Drawing on many revealing and sometimes colorful court cases of the past two centuries, Private Lives offers a lively short history of the complexities of family law and family life--including the tensions between the laws on the books and contemporary arrangements for marriage, divorce, adoption, and child rearing.
Author | : Angela Abela |
Publisher | : John Wiley & Sons |
Total Pages | : 502 |
Release | : 2013-10-02 |
Genre | : Psychology |
ISBN | : 1118321030 |
This volume tackles key issues in the changing nature of family life from a global perspective, and is essential reading for those studying and working with families. Covers changes in couple relationships and the challenges these pose; parenting practices and their implications for child development; key contemporary global issues, such as migration, poverty, and the internet, and their impact on the family; and the role of the state in supporting family relationships Includes a stellar cast of international contributors such as Paul Amato and John Coleman, and contributions from leading experts based in North Africa, Japan, Australia and New Zealand Discusses topics such as cohabitation, divorce, single-parent households, same-sex partnerships, fertility, and domestic violence Links research and practice and provides policy recommendations at the end of each chapter
Author | : Dörthe Engelcke |
Publisher | : Cambridge University Press |
Total Pages | : 287 |
Release | : 2019-03-07 |
Genre | : Law |
ISBN | : 110849661X |
Implementation of Islamic family law varies widely across North Africa and the Middle East, here Dörthe Engelcke explores the reasons for this.
Author | : Lisa Fishbayn Joffe |
Publisher | : UPNE |
Total Pages | : 346 |
Release | : 2013 |
Genre | : Law |
ISBN | : 1611683270 |
Groundbreaking theoretical and legal approaches to resolving conflicts between gender equality and cultural practices
Author | : Eve M. Brank |
Publisher | : NYU Press |
Total Pages | : 243 |
Release | : 2019-04-09 |
Genre | : Psychology |
ISBN | : 1479824755 |
Winner, 2021 Lawrence S. Wrightsman Book Award, given by the American Psychology-Law Society Bridges family law and current psychological research to shape understanding of legal doctrine and policy Family law encompasses legislation related to domestic relationships—marriages, parenthood, civil unions, guardianship, and more. No other area of law touches so closely to home, or is changing at such a rapid pace—in fact, family law is so dynamic precisely because it is inextricably intertwined with psychological issues such as human behavior, attitudes, and social norms. However, although psychology and family law may seem a natural partnership, both fields have much to learn from each other. Our laws often fail to take into account our empirical knowledge of psychology, falling back instead on faulty assumptions about human behavior. This book encourages our use of psychological research and methods to inform understandings of family law. It considers issues including child custody, intimate partner violence, marriage and divorce, and child and elder maltreatment. For each topic discussed, Eve Brank presents a case, statute, or legal principle that highlights the psychological issues involved, illuminating how psychological research either supports or opposes the legal principles in question, and placing particular emphasis on the areas that are still in need of further research. The volume identifies areas where psychology practice and research already have been or could be useful in molding legal doctrine and policy, and by providing psychology researchers with new ideas for legally relevant research.
Author | : Mr Craig Lind |
Publisher | : Ashgate Publishing, Ltd. |
Total Pages | : 452 |
Release | : 2013-02-28 |
Genre | : Law |
ISBN | : 1409496147 |
Focusing on moral, social and legal responsibilities as opposed to rights or obligations, this volume explores the concept of responsibility in family life, law and practice. Divided into four parts, the study considers the nature of family responsibility; constructions of children's responsibilities; shifting conceptions of family responsibilities; and family, responsibility and the law. The collection brings together leading experts from the disciplines of sociology, socio-legal studies and law to discuss responsibilities prior to birth, responsibilities for children, as well as responsibilities of children and of the state towards family members. The volume informs and challenges the developing conceptualization of responsibilities which arise in interdependent, intimate and caring relationships and their legal regulation. It will be of great interest to researchers and practitioners working in this complex field.