Marriage Breakdown and Divorce Law Reform in Contemporary Society PDF Download
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Author: Syed Jaffer Hussain
Publisher: Concept Publishing Company
ISBN:
Category : Family & Relationships
Languages : en
Pages : 252
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Book Description
Author: Syed Jaffer Hussain
Publisher: Concept Publishing Company
ISBN:
Category : Family & Relationships
Languages : en
Pages : 252
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Book Description
Author: Henry Kha
Publisher: Routledge
ISBN: 9780367420475
Category : Divorce
Languages : en
Pages : 0
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Book Description
The book explores the rise of civil divorce in Victorian England, the subsequent operation of a fault system of divorce based solely on grounds of adultery, and the repeal of the Victorian divorce law during the Interwar years. It will be valuable to academics and researchers with interest in Legal History, Family Law, and Victorian Studies.
Author: Herbert Jacob
Publisher: University of Chicago Press
ISBN: 9780226389516
Category : Law
Languages : en
Pages : 242
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Book Description
Conflict and controversy usually accompany major social changes in America. Such issues as civil rights, abortion, and the proposed Equal Rights Amendment provoke strong and divisive reactions, attract extensive media coverage, and generate heated legislative debate. Some theorists even claim that only mobilization and publicity can stimulate significant legislative change. How is it possible, then, that a wholesale revamping of American divorce law occurred with scarcely a whisper of controversy and without any national debate? This is the central question posed—and authoritatively answered—in Herbert Jacob's Silent Revolution. Since 1966, divorce laws in the United States have undergone a radical transformation. No-fault divorce is now universally available. Alimony functions simply as a brief transitional payment to help a dependent spouse become independent. Most states divide assets at divorce according to a community property scheme, and, whenever possible, many courts prefer to award custody of children to the mother and the father jointly. These changes in policy represent a profound departure from traditional American values, and yet the legislation by which they were enacted was treated as a technical correction of minor problems. No-fault divorce, for example, was a response to the increasing number of fraudulent divorce petitions. Since couples were often forced to manufacture the evidence of guilt that many states required, and since judges frequently looked the other way, legal reformers sought no more than to bring divorce statutes into line with current practice. On the basis of such observations, Jacob formulates a new theory of routine—as opposed to conflictual—policy-making processes. Many potentially controversial policies—divorce law reforms among them—pass unnoticed in America because legislators treat them as matters of routine. Jacob's is indeed the most plausible account of the enormous number and steady flow of policy decisions made by state legislatures. It also explains why no attention was paid to the effect divorce reform would have on divorced women and their children, a subject that has become increasingly controversial and that, consequently, is not likely to be handled by the routine policy-making process in the future.
Author: Divorce Law Reform Union
Publisher:
ISBN:
Category : Divorce
Languages : en
Pages :
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Book Description
Author: Wisconsin. Legislature. Legislative Council
Publisher: Legislative Reference Bureau
ISBN:
Category : Divorce
Languages : en
Pages : 20
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Book Description
Author: National Council on Family Relations. Task Force on Divorce and Divorce Reform
Publisher:
ISBN:
Category : Divorce
Languages : en
Pages : 98
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Book Description
Author: Joanna Miles
Publisher: Bloomsbury Publishing
ISBN: 1509947906
Category : Law
Languages : en
Pages : 312
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Book Description
The enactment of the Divorce Reform Act 1969 was a landmark moment in family law. Coming into force in 1971, it had a significant impact on legal practice and was followed by a dramatic increase in divorce rates, reflecting changes in social attitudes. This new interdisciplinary collection explores the background to the 1969 Act and its influence on law and society. Bringing together scholars from law, sociology, history, demography, and film and literature, it reflects on the changes to divorce law and practice over the past 50 years, and the changing impact of divorce on different people in society, particularly women. As such, it offers a 'biography' of this important piece of legislation, moving from its conception and birth, through its reception and development, to its imminent demise. Looking to the future, and to the new law introduced by the Divorce, Dissolution and Separation Act 2020, this collection suggests ways for evaluating what makes a 'good' divorce law. This brilliant collection gives insight not only into this crucial piece of legislation, but also into a key period of societal change.
Author: Lynne Carol Halem
Publisher:
ISBN:
Category : Family & Relationships
Languages : en
Pages : 360
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Book Description
Based on the author's thesis, Harvard, 1976, with title: Separation in westside.
Author: Henry Kha
Publisher: Routledge
ISBN: 1000286681
Category : History
Languages : en
Pages : 192
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Book Description
The book explores the rise of civil divorce in Victorian England, the subsequent operation of a fault system of divorce based solely on the ground of adultery, and the eventual piecemeal repeal of the Victorian-era divorce law during the Interwar years. The legal history of the Matrimonial Causes Act 1857 is at the heart of the book. The Act had a transformative impact on English law and society by introducing a secular judicial system of civil divorce. This swept aside the old system of divorce that was only obtainable from the House of Lords and inadvertently led to the creation of the modern family justice system. The book argues that only through understanding the legal doctrine in its wider cultural, political, religious, and social context is it possible to fully analyse and assess the changes brought about by the Act. The major developments included the end of any pretence of the indissolubility of marriage, the statutory enshrinement of a double standard based on gender in the grounds for divorce, and the growth of divorce across all spectrums of English society. The Act was a product of political and legal compromise between conservative forces resisting the legal introduction of civil divorce and the reformers, who demanded married women receive equal access to the grounds of divorce. Changing attitudes towards divorce that began in the Edwardian period led to a gradual rejection of Victorian moral values and the repeal of the Act after 80 years of existence in the Interwar years. The book will be a valuable resource for academics and researchers with an interest in legal history, family law, and Victorian studies.
Author: Allen M. Parkman
Publisher: Routledge
ISBN: 0429719485
Category : Political Science
Languages : en
Pages : 166
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Book Description
Since 1970, all the states adopted no-fault divorce statutes, which have had the unexpected effect of producing dire financial conditions for many divorced women and their children. In this important study, economist and lawyer Allen Parkman shows how no-fault divorce has systematically operated against the interests of these women and children. With rare economic and legal insight, Parkman argues that by changing the grounds for divorce without changing the laws that define and allocate property at divorce, the legal system created substantial injustices. The key mistake, he suggests, was in accepting a definition of property that did not include the income-earning capacity--human capital--of the individuals involved. Using human capital theory, Parkman criticizes current divorce law and presents a framework for reform that would reduce the injustices introduced by no-fault divorce. He concludes that a thorough reform, however, may require the changing of the grounds for divorce to mutual consent. This book is essential reading for scholars, professionals, and, indeed, for anyone interested in the health and future of the family and the well-being of women in contemporary U.S. society.
