Family Law and Customary Law in Asia
| Author | : David C. Buxbaum |
| Publisher | : Springer |
| Total Pages | : 325 |
| Release | : 2013-11-11 |
| Genre | : Law |
| ISBN | : 9401762163 |
Family Law And Customary Law In Asia
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Legal Traditions in Asia
| Author | : Janos Jany |
| Publisher | : Springer Nature |
| Total Pages | : 492 |
| Release | : 2020-04-08 |
| Genre | : Law |
| ISBN | : 3030437280 |
This book offers a comparative analysis of traditional Asian legal systems. It combines methods from legal history, legal anthropology, legal philosophy, and substantive law, pursuing a comprehensive approach that offers readers a broad perspective on the topic. The geographic regions covered include the Near East, Middle East, Central Asia, India, China, Japan, and Southeast Asia. For each region, the book first provides historical and political context. Next, it discusses major milestones in the region’s legal history and political institutions, as well as its forms of government. Readers are then presented with fundamental principles and terms needed to understand the legal arguments discussed. The book begins with the Ancient Near East and important topics such as Jewish law. The next part considers Islamic law, while also exploring modern issues. The third part focuses on Hindu and Buddhist law, while the fourth part covers China and Japan. The book’s closing section examines tribal societies, e.g. Mongols, Pashtuns and Malays. Topics covered include the interaction of legal systems within a legal circle, inter-systemic interactions, reasons for the failure and success of legal modernization, legal pluralism, and its effects on Asian societies. Family law, law of obligation, criminal law, and procedural law are also explored.
Family, Gender, and Law in a Globalizing Middle East and South Asia
| Author | : Kenneth M. Cuno |
| Publisher | : Syracuse University Press |
| Total Pages | : 329 |
| Release | : 2009-12-28 |
| Genre | : Social Science |
| ISBN | : 0815651481 |
The essays in this collection examine issues of gender, family, and law in the Middle East and South Asia. In particular, the authors address the impact of colonialism on law, family, and gender relations; the role of religious politics in writing family law and the implications for gender relations; and the tension between international standards emerging from UN conferences and conventions and various nationalist projects. Employing the frame of globalization, the authors highlight how local and global forces interact and influence the experience and actions of people who engage with the law. By virtue of a "south-south" comparison of two quite similar and culturally linked regions, contributors avoid positing "the West" as a modern telos. Drawing upon the fields of anthropology, history, sociology, and law, this volume offers a wide-ranging exploration of the complicated history of jurisprudence with regard to family and gender.
Chinese Marriage and Social Change
| Author | : Max WL Wong |
| Publisher | : Springer Nature |
| Total Pages | : 226 |
| Release | : 2020-02-10 |
| Genre | : Political Science |
| ISBN | : 9811516448 |
This book provides a comparative account of the abolition of concubinage in East Asia, offering a new perspective and revised analysis of the factors leading to – and the debates surrounding – the introduction of a new Marriage Reform Ordinance in Hong Kong in 1971. It uses this law as a platform to examine how the existence of concubinage – long preserved in the name of protecting Chinese traditions and customs — crucially influenced family law reforms, which were in response to a perceived need to create a ‘modern’ marriage system within Hong Kong’s Chinese community after the Second World War. This was, by and large, the result of continued pressure from within Hong Kong and from Britain to bring Hong Kong’s marriage system in line with international marriage treaties. It represented one of the last significant intrusions of colonial law into the private sphere of Hong Kong social life, eliminating Chinese customs which had been previously recognised by the colonial legal system’s family law. This book contextualizes the Hong Kong situation by examining judicial cases interpreting Chinese customs and the Great Qing Code, offering a comprehensive understanding of the Hong Kong situation in relation to the status of concubines in Republican China and other East Asian jurisdictions. It will be of particular interest to teachers and students of law, as well as researchers in gender studies, post-colonialism, sociology and cultural studies.
Law and Custom in Korea
| Author | : Marie Seong-Hak Kim |
| Publisher | : Cambridge University Press |
| Total Pages | : 365 |
| Release | : 2012-08-27 |
| Genre | : History |
| ISBN | : 110700697X |
Sets forth the evolution of Korea's law and legal system from the Chosǒn dynasty through the colonial and postcolonial modern periods.
Divers Paths to Justice
| Author | : Marcus Colchester |
| Publisher | : Forest Peoples Programme |
| Total Pages | : 361 |
| Release | : 2011 |
| Genre | : Indigenous peoples |
| ISBN | : 6169061170 |
Family Law, Sex and Society
| Author | : Peter De Cruz |
| Publisher | : Routledge |
| Total Pages | : 416 |
| Release | : 2010-02-25 |
| Genre | : Family & Relationships |
| ISBN | : 1134999992 |
Comparative in both approach and framework, Family Law, Sex and Society provides a critical exposition of key areas in family law, exploring their evolution and development within their historical, cultural, political and legal context. Cross-referencing to English law throughout, this comparative textbook pays particular attention to the transformation of marriage; the development of divorce laws; matrimonial property; the legal recognition of unmarried heterosexual and same-sex cohabitants; the universal adoption of the best interests standard for children in domestic and international legislation; and the impact of the Human Rights Act 1998 on family law in a variety of jurisdictions. Divided into different sections, Family Law, Sex and Society includes coverage of: a jurisdictional and historical survey of some of the main themes in Family Law, as well as consideration of the evolution of the Western family the English law relating to divorce, marital property and children and a comparison with the equivalent law in the civil law jurisdictions of France and Germany family law developments in other common law countries such as Australia and New Zealand, selected American jurisdictions, parts of Africa and some Far Eastern countries; and hybrid jurisdictions like Japan and Russia an analysis of the law relating to unmarried cohabitation and domestic partnerships in civil law jurisdictions such as France, Germany and Sweden in comparison to Anglo-American law a comparative analysis of the laws relating to domestic violence. Family Law, Sex and Society offers valuable socio-legal and socio-cultural insights into the practice of family law, and is the only textbook that provides a unified, coherent and comparative approach to the study of family law as it operates in these particular jurisdictions.
Traditional Customary Laws and Indigenous Peoples in Asia
| Author | : Raja Devasish Roy |
| Publisher | : Minority Rights Group |
| Total Pages | : 40 |
| Release | : 2005-04-07 |
| Genre | : Social Science |
| ISBN | : 1904584276 |
For years, traditional laws – or customary laws – in Asia have been eroded. This report argues that remaining customary laws should be retained and discusses the extent to which their erosion can be reversed. Traditional Customary Laws and Indigenous Peoples in Asia focuses primarily on two types of customary law systems – personal or family law, and land and resource rights law – and considers the complex situation, which is far from uniform throughout Asia. For example, in some areas customary law systems and procedures are generally respected, while in other parts of Asia, customary law has been so eroded that it is virtually nonexistent and unrecognized by governments. There are also many examples that fall between these two situations. The author discusses the many challenges facing indigenous peoples in the pursuit of their customary law rights and many of the issues that have yet to be resolved within customary law systems. These include the occasional conflict between women’s rights and customary rights. The report focuses on the situation in the Chittagong Hill Tracts of Bangladesh, as well as including numerous examples from the Cordilleras in the Philippines; Jharkhand, Mizoram and Nagaland in India; northern Thailand; and Sabah and Sarawak in Malaysia, among others. Traditional Customary Laws and Indigenous Peoples in Asia is essential reading for indigenous peoples, nonindigenous government and political leaders and officials, staff of donor and development institutions and NGOs, and international bodies such as the United Nations.
Ifugao Law (In American Archaeology and Ethnology)
| Author | : R. F. Barton |
| Publisher | : Library of Alexandria |
| Total Pages | : 271 |
| Release | : 1919-01-01 |
| Genre | : Fiction |
| ISBN | : 1465552499 |
Choice of Law and Recognition in Asian Family Law
| Author | : Anselmo Reyes |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 479 |
| Release | : 2023-10-05 |
| Genre | : Law |
| ISBN | : 1509956360 |
This thematic volume in the series Studies in Private International Law – Asia outlines the general choice of law and recognition rules relating to family matters of 15 Asian jurisdictions: Mainland China, Hong Kong, Taiwan, Japan, South Korea, Singapore, Malaysia, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Thailand, Sri Lanka and India. The book examines pressing questions and proposes ways in which their systems may be reformed. A concluding chapter considers the extent to which Asian cross-border family law systems can and should be harmonised. The book provides a comprehensive analysis of cross-border family law challenges, including child surrogacy, child abduction, the recognition of same-sex unions, the recovery of maintenance, and the regulation of intercountry adoption. These are among the matters now testing Asian institutions of private international law and acting as forces for their modernisation. With contributions by leading Asian private international law experts, the book proposes necessary reforms for each of the jurisdictions analysed as well as for Asia as a whole.
