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Author: Frederik Swennen
Publisher: Edward Elgar Publishing
ISBN: 1035338416
Category : Law
Languages : en
Pages : 297
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Book Description
This multi-faceted book combines theoretical, empirical and practical approaches to explore how family law is responding to the ever-changing social dynamics of the family. Bringing together a broad range of experts with innovative perspectives from across the globe, Rethinking Law's Families and Family Law highlights family law's current challenges and presents key avenues for future research.
Author: Frederik Swennen
Publisher: Edward Elgar Publishing
ISBN: 1035338416
Category : Law
Languages : en
Pages : 297
Get Book Here
Book Description
This multi-faceted book combines theoretical, empirical and practical approaches to explore how family law is responding to the ever-changing social dynamics of the family. Bringing together a broad range of experts with innovative perspectives from across the globe, Rethinking Law's Families and Family Law highlights family law's current challenges and presents key avenues for future research.
Author: Jane C. Murphy
Publisher: NYU Press
ISBN: 1479842206
Category : Family & Relationships
Languages : en
Pages : 227
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Book Description
Over the past thirty years, there has been a dramatic shift in the way the legal system approaches and resolves family disputes. Traditionally, family law dispute resolution was based on an “adversary” system: two parties and their advocates stood before a judge who determined which party was at fault in a divorce and who would be awarded the rights in a custody dispute. Now, many family courts are opting for a “problem-solving” model in which courts attempt to resolve both legal and non-legal issues. At the same time, American families have changed dramatically. Divorce rates have leveled off and begun to drop, while the number of children born and raised outside of marriage has increased sharply. Fathers are more likely to seek an active role in their children’s lives. While this enhanced paternal involvement benefits children, it also increases the likelihood of disputes between parents. As a result, the families who seek legal dispute resolution have become more diverse and their legal situations more complex. In Divorced from Reality, Jane C. Murphy and Jana B. Singer argue that the current "problem solving" model fails to address the realities of today's families. The authors suggest that while today’s dispute resolution regime may represent an improvement over its more adversary predecessor, it is built largely around the model of a divorcing nuclear family with lawyers representing all parties—a model that fits poorly with the realities of today's disputing families. To serve the families it is meant to help, the legal system must adapt and reshape itself.
Author: Peter W. Bardaglio
Publisher: Univ of North Carolina Press
ISBN: 0807860212
Category : History
Languages : en
Pages : 378
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Book Description
In Reconstructing the Household, Peter Bardaglio examines the connections between race, gender, sexuality, and the law in the nineteenth-century South. He focuses on miscegenation, rape, incest, child custody, and adoption laws to show how southerners struggled with the conflicts and stresses that surfaced within their own households and in the larger society during the Civil War era. Based on literary as well as legal sources, Bardaglio's analysis reveals how legal contests involving African Americans, women, children, and the poor led to a rethinking of families, sexuality, and the social order. Before the Civil War, a distinctive variation of republicanism, based primarily on hierarchy and dependence, characterized southern domestic relations. This organic ideal of the household and its power structure differed significantly from domestic law in the North, which tended to emphasize individual rights and contractual obligations. The defeat of the Confederacy, emancipation, and economic change transformed family law and the governance of sexuality in the South and allowed an unprecedented intrusion of the state into private life. But Bardaglio argues that despite these profound social changes, a preoccupation with traditional notions of gender and race continued to shape southern legal attitudes.
Author: Dan Markel
Publisher: Oxford University Press
ISBN: 0195380061
Category : Law
Languages : en
Pages : 252
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Book Description
Privilege or Punish: Criminal Justice and the Challenge of Family Ties will expose some of the challenges the American criminal justice system faces when it intersects with the interests of the family. The authors find that the state does not always impinge upon family members in the course of investigating or prosecuting all the crimes about which it knows. Legal institutions and actors frequently defer to the decision of family members to prioritize their duties to family over their duties as citizens. Some examples of these accommodations include evidentiary privileges that enable family members to avoid furnishing evidence against their loved ones or exemptions for family members from laws prohibiting the harboring of fugitive. The authors characterize state policies that appear to promote family interests as "family ties benefits" - and there are many of them. The authors generally oppose conferring family ties benefits in the criminal justice system. This is a controversial stance, but Markel, Collins, and Leib argue that in many circumstances there are simply too many costs to the criminal justice system when it gives special benefits to family members, while at the same time excluding citizens who are not part of a state-sanctioned family unit.
Author: Conrad Riker
Publisher: Conrad Riker
ISBN:
Category : Humor
Languages : en
Pages : 221
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Book Description
Are you tired of feeling like a second-class citizen in marriage? Do you want to take back control and demand fairness for men in today's society? Rethinking Marriage is the ultimate guide to understanding the minefield of modern relationships from a man's perspective. - Discover the benefits and drawbacks of pre-nuptial agreements - Learn about the psychology behind false allegations and how to protect yourself - Understand the importance of a father's involvement in raising the next generation - Explore the economic disparities between women and men, and the urgent need for balance - Discover the financial impact of divorce on men - Understand how adultery is used as a psychological manipulation tool against men - Master the art of rational thinking in navigating today's gynocentric society - Learn about the dangers of progressive ideologies and their impact on boys and men in schools If you want to take back control and stand up for men's rights in today's society, then buy this book today and start rediscovering your power.
Author: Daniel Bonilla Maldonado
Publisher: Cambridge University Press
ISBN: 1108988857
Category : Law
Languages : en
Pages : 197
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Book Description
In this novel and unorthodox historical analysis of modern comparative law, Daniel Bonilla Maldonado explores the connections between modern comparative law and the identity of the modern legal subject. Narratives created by modern comparative law shed light on the role played by law in the construction of modern individual and collective identities. This study first examines the relationship between identity, law, and narrative. Second, it explores the moments of emergence and transformation of this area of law: instrumental comparative studies, comparative legislative studies, and comparative law as an autonomous discipline. Finally, it analyzes the theoretical perspectives that question the narrative created by modern comparative law: Third World Approaches to International Law, postcolonial studies of law, and critical comparative law. For lawyers and legal scholars, this study brings a nuanced understanding of the connections between the theory of modern comparative law and contemporary practical legal and political issues.
Author: Helen Rhoades
Publisher: Routledge
ISBN: 1351154222
Category : Social Science
Languages : en
Pages : 502
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Book Description
This volume highlights important classic and contemporary works by law and society scholars who analyze the complex and often highly political relationship between law and families. Featuring authors from Australia, Canada, England and the United States, the volume looks at how socio-legal scholars think about families and the law, how law shapes family practices, the capacity of family law to deliver social justice and how family disputes are resolved. Topics such as law's role in recognizing spousal and parental relationships or promoting responsible behaviour or equality norms are covered and the relationship between law's assumptions and the lived realities of families is problematized.
Author: Erez Aloni
Publisher: UBC Press
ISBN: 0774867426
Category : Law
Languages : en
Pages : 381
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Book Description
The paradigm of family has shifted rapidly and dramatically, from nuclear unit to diverse constellations of intimacy. At the same time, some norms resist change, such as women’s continuing role as primary care providers despite their increased uptake of paid work. This tension between transformation and stasis in family arrangements has an impact on economic, emotional, and legal aspects of daily life. House Rules critically explores the intertwining of norms and laws that govern familial relationships. The authors in this incisive collection engage with four countries – Canada, the United States, the United Kingdom, and Taiwan – and expose the ingrained and unsettled norms that affect families and the law’s role in regulating them. Over recent decades, the law has struggled to adjust to transformations in what typifies the structures and practices of family life. House Rules provides tools to analyze those difficulties and, ultimately, to design laws to better respond to ongoing change and avoid entrenching inequalities.
Author: Kevin Noble Maillard
Publisher: Cambridge University Press
ISBN: 1107375924
Category : Law
Languages : en
Pages : 289
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Book Description
In 1967, the US Supreme Court ruled that laws prohibiting interracial marriage were unconstitutional in Loving v. Virginia. Although this case promotes marital freedom and racial equality, there are still significant legal and social barriers to the free formation of intimate relationships. Marriage continues to be the sole measure of commitment, mixed relationships continue to be rare, and same-sex marriage is only legal in 6 out of 50 states. Most discussion of Loving celebrates the symbolic dismantling of marital discrimination. This book, however, takes a more critical approach to ask how Loving has influenced the 'loving' of America. How far have we come since then and what effect did the case have on individual lives?
Author: Martha Ertman
Publisher: NYU Press
ISBN: 0814722288
Category : Business & Economics
Languages : en
Pages : 466
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Book Description
In a world that is often ruled by buyers and sellers, those things that are often considered priceless become objects to be marketed and from which to earn a profit.
