The Contested Place Of Religion In Family Law
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| Author | : Robin Fretwell Wilson |
| Publisher | : Cambridge University Press |
| Total Pages | : 987 |
| Release | : 2018-05-31 |
| Genre | : Law |
| ISBN | : 1108278876 |
Like many beliefs, religious views matter across an individual's life and the life cycle of a family - from birth to marriage, through child-rearing, and, eventually, death. This volume examines clashes over religious liberty within the personal realm of the family. Against swirling religious beliefs, secular values, and legal regulation, this volume offers a forward-looking examination of tensions between religious freedom and the state's protective function. Contributors unpack some of the Court's recent decisions and explain how they set the stage for ongoing disputes. They evaluate religious claims around birth control, circumcision, modesty, religious education, marriage, polygamy, shared parenting, corporal punishment, faith healing, divorce, and the end of life. Authors span legislators, attorneys, academics, journalists, ministers, physicians, child advocates, and representatives of minority faiths. The Contested Place of Religion in Family Law begins an overdue conversation on questions dividing the nation.
| Author | : John Witte (Jr.) |
| Publisher | : Cambridge University Press |
| Total Pages | : 457 |
| Release | : 2019-04-11 |
| Genre | : Law |
| ISBN | : 1107184754 |
Presents a robust defence of the essential place of stable marital families in modern liberal societies.
| Author | : William N. Eskridge (Jr.) |
| Publisher | : Cambridge University Press |
| Total Pages | : 567 |
| Release | : 2018-11-22 |
| Genre | : Law |
| ISBN | : 1108470157 |
LGBT, faith, and academic thought-leaders explore prospects for laws protecting each community's core interests and possible resolutions for culture-war conflicts.
| 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.
| Author | : John Witte, Jr. |
| Publisher | : Oxford University Press |
| Total Pages | : 921 |
| Release | : 2023 |
| Genre | : Education |
| ISBN | : 019760675X |
This volume tells the story of the interaction between Christianity and law-historically and today, in the traditional heartlands of Christianity and around the globe. Sixty new chapters by leading scholars provide authoritative and accessible accounts of foundational Christian teachings on law and legal thought over the past two millennia; the current interaction and contestation of law and Christianity on all continents; how Christianity shaped and was shaped by core public, private, penal, and procedural laws; various old and new forms of Christian canon law, natural law theory, and religious freedom norms; Christian teachings on fundamental principles of law and legal order; and Christian contributions to controversial legal issues. Together, the chapters make clear that Christianity and law have had a perennial and permanent influence on each other over time and across cultures, albeit with varying levels of intensity and effectiveness. This volume defines "Christianity" broadly to include Catholic, Protestant, and Orthodox traditions and various denominations and schools of thought within them. It draws on Christian ideas and institutions, norms and practices, texts and titans to tell the story of Christianity's engagement with the world of law over the past two millennia. The volume also defines "law" broadly as the normative order of justice, power, and freedom. The chapters address natural laws of conscience, reason, and the Bible and positive laws enacted by states, churches, and voluntary associations. Several chapters focus on Christian engagement with specific types of law: canon law, family law, education law, constitutional law, criminal law, procedural law, and laws governing labor, tax, contracts, torts, property, and beyond. Other chapters take up cutting edge legal issues of racial justice, environmental care, migration, euthanasia, and (bio)technology as well as fundamental legal principles of liberty, dignity, equality, justice, equity, judgment, and solidarity.
| Author | : D. Kelly Weisberg |
| Publisher | : Aspen Publishing |
| Total Pages | : 905 |
| Release | : 2024-02-12 |
| Genre | : Law |
| ISBN | : |
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
| Author | : Winnifred Fallers Sullivan |
| Publisher | : Princeton University Press |
| Total Pages | : 330 |
| Release | : 2018-04-24 |
| Genre | : Law |
| ISBN | : 0691180954 |
The Constitution may guarantee it. But religious freedom in America is, in fact, impossible. So argues this timely and iconoclastic work by law and religion scholar Winnifred Sullivan. Sullivan uses as the backdrop for the book the trial of Warner vs. Boca Raton, a recent case concerning the laws that protect the free exercise of religion in America. The trial, for which the author served as an expert witness, concerned regulations banning certain memorials from a multiconfessional nondenominational cemetery in Boca Raton, Florida. The book portrays the unsuccessful struggle of Catholic, Protestant, and Jewish families in Boca Raton to preserve the practice of placing such religious artifacts as crosses and stars of David on the graves of the city-owned burial ground. Sullivan demonstrates how, during the course of the proceeding, citizens from all walks of life and religious backgrounds were harassed to define just what their religion is. She argues that their plight points up a shocking truth: religion cannot be coherently defined for the purposes of American law, because everyone has different definitions of what religion is. Indeed, while religious freedom as a political idea was arguably once a force for tolerance, it has now become a force for intolerance, she maintains. A clear-eyed look at the laws created to protect religious freedom, this vigorously argued book offers a new take on a right deemed by many to be necessary for a free democratic society. It will have broad appeal not only for religion scholars, but also for anyone interested in law and the Constitution. Featuring a new preface by the author, The Impossibility of Religious Freedom offers a new take on a right deemed by many to be necessary for a free democratic society.
| 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 | : Rafael Domingo |
| Publisher | : BRILL |
| Total Pages | : 743 |
| Release | : 2024-04-04 |
| Genre | : Law |
| ISBN | : 9004546189 |
Across four decades, John Witte, Jr. has advanced the study of law and religion by retrieving religious sources of law, renewing timeless teachings of religion for today, and reengaging with the difficult issues confronting society. Interdisciplinary, international, and interfaith in scope, Witte’s work has generated an enormous body of scholarship. This collection of essays by leading scholars examines his impact and maps new directions for future exploration.
| Author | : John Witte |
| Publisher | : Cambridge University Press |
| Total Pages | : 491 |
| Release | : 2017-10-12 |
| Genre | : Law |
| ISBN | : 1108415342 |
A comprehensive analysis of Christian influences on Western family law from the first century to the present day.
