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Author: Nadjma Yassari
Publisher:
ISBN: 9783030831073
Category :
Languages : en
Pages : 0
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Book Description
With regard to family law, this volume examines claims based on cultural tradition, ethnic background, custom, religious affiliation and sexual orientation, as well as various other "claims" that are not officially recognized in state law, in 15 jurisdictions around the world. The country reports seek to determine whether these claims represent a challenge to family law as conceived by the state, and if so, how these challenges are being managed. The focus lies on the interaction between (i) claims and traditions raising minority-related and diversity-related issues and (ii) the state as the addressee of these demands for accommodation. The reports identify specific instances and situations that have proven (and in many cases still are) particularly difficult to resolve. They force decision-makers to engage in a delicate balancing act between different, often clashing interests.
Author: Nadjma Yassari
Publisher:
ISBN: 9783030831073
Category :
Languages : en
Pages : 0
Get Book
Book Description
With regard to family law, this volume examines claims based on cultural tradition, ethnic background, custom, religious affiliation and sexual orientation, as well as various other "claims" that are not officially recognized in state law, in 15 jurisdictions around the world. The country reports seek to determine whether these claims represent a challenge to family law as conceived by the state, and if so, how these challenges are being managed. The focus lies on the interaction between (i) claims and traditions raising minority-related and diversity-related issues and (ii) the state as the addressee of these demands for accommodation. The reports identify specific instances and situations that have proven (and in many cases still are) particularly difficult to resolve. They force decision-makers to engage in a delicate balancing act between different, often clashing interests.
Author: Nadjma Yassari
Publisher: Springer Nature
ISBN: 303083106X
Category : Law
Languages : en
Pages : 375
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Book Description
With regard to family law, this volume examines claims based on cultural tradition, ethnic background, custom, religious affiliation and sexual orientation, as well as various other “claims” that are not officially recognized in state law, in 15 jurisdictions around the world. The country reports seek to determine whether these claims represent a challenge to family law as conceived by the state, and if so, how these challenges are being managed. The focus lies on the interaction between (i) claims and traditions raising minority-related and diversity-related issues and (ii) the state as the addressee of these demands for accommodation. The reports identify specific instances and situations that have proven (and in many cases still are) particularly difficult to resolve. They force decision-makers to engage in a delicate balancing act between different, often clashing interests.
Author: Margaret Briggs
Publisher: Edward Elgar Publishing
ISBN: 1802204687
Category : Law
Languages : en
Pages : 533
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Book Description
This pivotal Research Handbook analyses the interconnectedness of family property and the law through historical, contemporary, comparative and jurisdiction-specific lenses. Authors analyse some of the most well-known, contested and politicised legal developments in the field of family property law.
Author: Javaid Rehman
Publisher: BRILL
ISBN: 9004520805
Category : Law
Languages : en
Pages : 417
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Book Description
The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. The focused theme of Volume 6 is Essays in Honour of Professor Shaheen Sardar Ali.
Author: Aida Kemelmajer
Publisher: Ius Comparatum
ISBN: 9781839703058
Category : Law
Languages : en
Pages : 0
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Book Description
This book presents comparative perspectives based on findings presented in National Reports on the theme 'Plurality and Diversity in Law: Family Forms and Family's Functions'. The contributions focus on whether, and if so, how, family law recognises that a child can have multiple parents, and which family functions are recognised and favoured by the law.
Author: Jill Elaine Hasday
Publisher: Harvard University Press
ISBN: 0674369858
Category : Law
Languages : en
Pages : 318
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Book Description
One of the law’s most important and far-reaching roles is to govern family life and family members. Family law decides who counts as kin, how family relationships are created and dissolved, and what legal rights and responsibilities come with marriage, parenthood, sibling ties, and other family bonds. Yet despite its significance, the field remains remarkably understudied and poorly understood both within and outside the legal community. Family Law Reimagined is the first book to evaluate the canonical narratives, examples, and ideas that legal decisionmakers repeatedly invoke to explain family law and its governing principles. These stories contend that family law is exclusively local, that it repudiates market principles, that it has eradicated the imprint of common law doctrines which subordinated married women, that it is dominated by contract rules permitting individuals to structure their relationships as they choose, and that it consistently prioritizes children’s interests over parents’ rights. In this book, Jill Elaine Hasday reveals how family law’s canon misdescribes the reality of family law, misdirects attention away from the actual problems that family law confronts, and misshapes the policies that legal authorities pursue. She demonstrates how much of the “common sense” that decisionmakers expound about family law actually makes little sense. Family Law Reimagined uncovers and critiques the family law canon and outlines a path to reform. Challenging conventional answers and asking questions that judges and lawmakers routinely overlook, it calls on us to reimagine family law.
Author: Jaakko Husa
Publisher: Bloomsbury Publishing
ISBN: 1509963588
Category : Law
Languages : en
Pages : 311
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Book Description
'A delightful and fresh approach to the comparative study of law.' (Jans Smits, Maastricht University, the Netherlands) (of the first edition). This textbook presents a clear and thought-provoking introduction to the study of comparative law. The book provides students with in-depth analyses of the major global comparative methodologies and theories. Written in a lively style, it leads the student through debates in comparative legal scholarship, both in the Western world and in the lesser studied jurisdictions, beyond Europe and North America. The second edition includes a revised structure to help the student understand the subject, an updated introductory chapter, and new material on legal transplants and globalisation. It also explores allied disciplines, including linguistics, history, and post-colonial studies giving students full context of the subject.
Author: Robin Fretwell Wilson
Publisher: Cambridge University Press
ISBN: 1139458744
Category : Law
Languages : en
Pages : 499
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Book Description
This 2006 book provides a critical examination of and reflection on the American Law Institute's (ALI) Principles of the Law of Family Dissolution: Analysis and Recommendations ('Principles'), arguably the most sweeping proposal for family law reform attempted in the US over the last quarter century. The volume is a collaborative work of individuals from diverse perspectives and disciplines who explore the fundamental questions about the nature of family, parenthood, and child support. The contributors are all recognized authorities on aspects of family law and provide commentary on the principles examined by the ALI - fault, custody, child support, property division, spousal support and domestic partnerships, utilizing a wide range of analytical tools, including economic theory, constitutional law, social science data and linguistic analysis. This volume also includes the perspectives of US judges and legislators and leading family law scholars in the United Kingdom, Europe, Canada and Australia.
Author: Joseph Raz
Publisher: Oxford University Press
ISBN: 0199693811
Category : Philosophy
Languages : en
Pages : 290
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Book Description
What are our duties or rights? How should we act? What are we responsible for? Joseph Raz examines the philosophical issues underlying these everyday questions. He explores the nature of normativity--the reasoning behind certain beliefs and emotions about how we should behave--and offers a novel account of responsibility.
Author: J. Shoshanna Ehrlich
Publisher: Aspen Publishing
ISBN: 1543815987
Category : Law
Languages : en
Pages : 680
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Book Description
J. Shoshanna Ehrlich’s Fundamentals of Family Law, Second Edition is a concise version of Ehrlich’s Family Law for Paralegals, developed for use in shorter paralegal courses. The Fundamentals version provides students with the knowledge and skills they will need to be effective paralegals in a busy family law practice. Without sacrificing intellectual integrity and depth of topical coverage, the text is streamlined in order to emphasize the material that is essential for the transition from classroom to office. New to the Second Edition: Marriage (Ch. 1) includes new sections on: The retroactive application of Obergefell v. Hodges to backdate marriages of same-sex couple to when they would have married had it been allowed The debate over whether merchants can refuse to provide wedding-related services and goods to same-sex couples based on religious objections Whether the marriage consent age should be raised to protect minors from being forced into marriage against their will. Domestic Violence (Ch. 3) now covers: The use of electronic monitoring in domestic violence cases The possibility of allowing minors who are being forced into marriage to obtain civil orders of protection. Children coverage expanded to include: In Chapter 5, new sections on the appointment of attorneys to represent children in contested custody disputes and considerations of parental disability in best interest determinations In Chapter 11, new section on same-sex couples and the establishment of legal parenthood In Chapter 12, consideration of the emergence of medical child abuse and forced marriage as new categories of harm; expanded definitions of abuse and neglect, including medical child abuse and forced child marriage; and new section on “legal orphans” and the reinstatement of parental rights. Economic Issues updated with: New section in Chapter 6 on the due process rights of low-income parents in civil contempt cases for non-payment of child support. Chapter 7 expanded to include the backlash against “permanent” spousal support awards and the tax treatment of spousal support payments. Coverage of virtual assets in Chapter 8 Professors and students will benefit from: The full range of family law topics in a more concise format—including marriage and divorce, non-marital families, child abuse and neglect, and same sex marriage Practice-based assignments, real-life examples and sample forms Clear pedagogy--including chapter summaries, key terms defined in the margins, and review and discussion questions--helps students better understand the material and develop their critical thinking and writing skills. Up-to-date coverage of all the key topics in family law, with a consistent focus on the work of the paralegal
