Religion and Marriage Law

Religion and Marriage Law
Author: Russell Sandberg
Publisher: Policy Press
Total Pages: 164
Release: 2021-07
Genre: Law
ISBN: 1529212804

Successive governments have made progressive, but ad hoc reforms to marriage law in Britain. This book provides the first accessible guide to how contemporary marriage law interacts with religion. It reveals the need for the consolidation, modernisation and reform of marriage law and sets out proposals for transformation.

From Sacrament to Contract

From Sacrament to Contract
Author: John Witte
Publisher: Westminster John Knox Press
Total Pages: 332
Release: 1997-01-01
Genre: Religion
ISBN: 9780664255435

Analyzes the interplay between Christian theological norms and Western legal principles concerning marriage, examining the theology and law of marriage in the Catholic, Lutheran, Calvinist, Anglican, and Enlightenment traditions.

From Sacrament to Contract, Second Edition

From Sacrament to Contract, Second Edition
Author: John Witte Jr.
Publisher: Presbyterian Publishing Corp
Total Pages: 409
Release: 2012-01-31
Genre: Religion
ISBN: 1611641926

This newly revised and enlarged edition of John Witte's authoritative historical study explores the interplay of law, theology, and marriage in the Western tradition. Witte uncovers the core beliefs that formed the theological genetic code of Western marriage and family law. He explores the systematic models of marriage developed by Catholics, Lutherans, Calvinists, Anglicans, and Enlightenment thinkers, and the transformative influence of each model on Western marriage law. In addition, he traces the millennium-long reduction of marriage from a complex spiritual, social, contractual, and natural institution into a simple private contract with freedom of entrance, exercise, and exit for husband and wife alike. This second edition updates and expands each chapter and the bibliography. It also includes three new chapters on classical, biblical, and patristic sources.

From Sacrament to Contract

From Sacrament to Contract
Author: John Witte
Publisher: Presbyterian Publishing Corp
Total Pages: 411
Release: 2012-01-01
Genre: Religion
ISBN: 0664234321

This newly revised and enlarged edition of John Witte's authoritative historical study explores the interplay of law, theology, and marriage in the Western tradition. Witte uncovers the core beliefs that formed the theological genetic code of Western marriage and family law. He explores the systematic models of marriage developed by Catholics, Lutherans, Calvinists, Anglicans, and Enlightenment thinkers, and the transformative influence of each model on Western marriage law. In addition, he traces the millennium-long reduction of marriage from a complex spiritual, social, contractual, and natural institution into a simple private contract with freedom of entrance, exercise, and exit for husband and wife alike. This second edition updates and expands each chapter and the bibliography. It also includes three new chapters on classical, biblical, and patristic sources.

Marriage and Divorce in a Multi-Cultural Context

Marriage and Divorce in a Multi-Cultural Context
Author: Joel A. Nichols
Publisher: Cambridge University Press
Total Pages: 417
Release: 2011-10-31
Genre: Law
ISBN: 1139503979

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.

The New Marriage Law

The New Marriage Law
Author: George V. Lobo
Publisher:
Total Pages: 174
Release: 1984
Genre: Marriage (Canon law)
ISBN:

Interpretation of the New Code of the Canon Law regarding Christian marriage.

Cohabitation and Religious Marriage

Cohabitation and Religious Marriage
Author: Akhtar, Rajnaara
Publisher: Policy Press
Total Pages: 144
Release: 2020-07-01
Genre: Law
ISBN: 1529210844

Cohabiting couples and those entering religious-only marriages all too often end up with inadequate legal protection when the relationship ends. Yet, despite this shared experience, the linkages and overlaps between these two groups have largely been ignored in the legal literature. Based on wide-ranging empirical studies, this timely book brings together scholars working in both areas to explore the complexities of the law, the different ways in which individuals experience and navigate the existing legal framework and the potential solutions for reform. Illuminating pressing implications for social policy, this is an invaluable resource for policy makers, practitioners, researchers and students of family law.

Same-sex Marriage and Religious Liberty

Same-sex Marriage and Religious Liberty
Author: Douglas Laycock
Publisher: Rowman & Littlefield Publishers
Total Pages: 350
Release: 2008
Genre: Freedom of religion
ISBN:

Same-Sex Marriage and Religious Liberty explores the religious freedom implications of defining marriage to include same-sex couples. It represents the only comprehensive, scholarly appraisal to date of the church-state conflicts virtually certain to arise from the legal recognition of same-sex marriage. It explores two principal questions. First, exactly what kind of religious freedom conflicts are likely to emerge if society embraces same-sex marriage? A redefinition of marriage would impact a host of laws where marital status affects legal rights--in housing, employment, health-care, education, public accommodations, and property, in addition to family law. These laws, in turn, regulate a host of religious institutions--schools, hospitals, and social service providers, to name a few--that often embrace a different definition of marriage. As a result, church-state conflicts will follow. This volume anticipates where and how these manifold disputes will arise. Second, how might these conflicts be resolved? If the disputes spark litigation under the Free Speech, Free Exercise, or Establishment Clauses of the First Amendment, who will prevail and why? When, if ever, should claims of religious liberty prevail over claims of sexual liberty? Drawing on experience in analogous areas of law, the volume explores whether it is possible to avoid these constitutional conflicts by statutory accommodation, or by separating religious marriage from civil marriage.