Author: John Eekelaar
Publisher: Oxford University Press
ISBN: 0191566462
Category : Law
Languages : en
Pages :
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Book Description
How should our most intimate personal relationships be governed in a liberal society? Should the state encourage a particular model of family life, or support individuals in their pursuit of personal happiness? To what extent do people have the right to shape the lives of their offspring? This book examines the questions at the heart of family law, rethinking the ideas that shape our understanding of the family as a social unit, its purpose, and the obligations and rights that belong to family members. The book explores how the governance of personal relationships has depended on the exercise of power, from the traditional assumptions of patriarchy, where the male head of the family enjoyed full control over his dependents and descendents, to the ideology of welfarism, where state institutions protect the interests of the vulnerable at the expense of their close relations. Emerging from these conflicting ideologies comes today's rights-based culture, where traditional expectations for behaviour within a family sit within a new emphasis on the ability of minorities and traditional dependents to determine the shape of their own lives. Against this background of shifting power relations, the book explores the interrelationship between the legal regulation of people's personal lives and the values of friendship, truth, respect and responsibility. In doing this, a variety of controversial issues are examined in the light of those values: including the legal regulation of gay and unmarried heterosexual relationships; freedom of procreation; state supervision over the exercise of parenthood; the role of fault in divorce law; the way parenthood is allocated; the rights and responsibilities of parents to control their children; the place of religion in the family; the rights of separated partners regarding property and of separated parents regarding their children. Throughout, the book offers a new picture of the intimacy at the centre of personal relationships and argues that only by understanding this intimacy, and its role in human happiness, can we arrive at a true framework for respecting, and governing, the personal lives of other people.
Author: John Eekelaar
Publisher: Oxford University Press
ISBN: 0192543830
Category : Law
Languages : en
Pages : 208
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Book Description
Developments in the law, scholarship, and research since 2006 form a substantial part of the second edition of this book which sets the governance of personal relationships in the context of the exercise of social and personal power. Its central argument is that this power is counterbalanced by the presence of individual rights. This entails an analysis of the nature and deployment of rights, including human rights, and children's rights. Against that background, the book examines the values of friendship, truth, respect, and responsibility, and how the values of individualism co-exist with those of the community in an open society. It argues that central to these values is respecting the role of intimacy in personal relationships. In doing this, a variety of issues are examined, including the legal regulation of married and unmarried relationships, same-sex marriage, state supervision over the inception and exercise of parenthood (including surrogacy and assisted reproductive technology), the role of fault and responsibility in divorce law, children's rights and welfare, religion and family rights, the rights of separated partners regarding property and of separated parents regarding their children, and how states should respond to cultural diversity.
Author: Iris Sportel
Publisher: Springer
ISBN: 3319340093
Category : Social Science
Languages : en
Pages : 270
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Book Description
This book uniquely focuses on the role of family law in transnational marriages. The author demonstrates how family law is of critical importance in understanding transnational family life. Based on extensive field research in Morocco, Egypt and the Netherlands, the book examines how, during marriage and divorce, transnational families deal with the interactions of two different legal systems. Sportel studies the interactions of European and Islamic family law, addressing its interconnections with migration and everyday life, within the context of highly politicised debates on gender, Islam, migration and the family. The book will be of interest to scholars and students of family sociology, migration and diaspora studies, transnational families, family law, and sociology of law.
Author: Joanna L. Grossman
Publisher: Princeton University Press
ISBN: 1400839777
Category : Law
Languages : en
Pages : 456
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Book Description
A comprehensive social history of families and family law in twentieth-century America Inside the Castle is a comprehensive social history of twentieth-century family law in the United States. Joanna Grossman and Lawrence Friedman show how vast, oceanic changes in society have reshaped and reconstituted the American family. Women and children have gained rights and powers, and novel forms of family life have emerged. The family has more or less dissolved into a collection of independent individuals with their own wants, desires, and goals. Modern family law, as always, reflects the brute social and cultural facts of family life. The story of family law in the twentieth century is complex. This was the century that said goodbye to common-law marriage and breach-of-promise lawsuits. This was the century, too, of the sexual revolution and women's liberation, of gay rights and cohabitation. Marriage lost its powerful monopoly over legitimate sexual behavior. Couples who lived together without marriage now had certain rights. Gay marriage became legal in a handful of jurisdictions. By the end of the century, no state still prohibited same-sex behavior. Children in many states could legally have two mothers or two fathers. No-fault divorce became cheap and easy. And illegitimacy lost most of its social and legal stigma. These changes were not smooth or linear—all met with resistance and provoked a certain amount of backlash. Families took many forms, some of them new and different, and though buffeted by the winds of change, the family persisted as a central institution in society. Inside the Castle tells the story of that institution, exploring the ways in which law tried to penetrate and control this most mysterious realm of personal life.
Author: Robin Fretwell Wilson
Publisher: Cambridge University Press
ISBN: 1108278876
Category : Law
Languages : en
Pages : 987
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Book Description
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: Rebecca Probert
Publisher: Routledge
ISBN: 1317136578
Category : Law
Languages : en
Pages : 296
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Book Description
This book brings a modern critical approach to bear on the broad range of subjects that used to constitute 'family law.' A key consideration in this collection is the way in which law itself is premised upon, constructing a particular image of the family. By bringing different areas of law together, Probert et al suggest it is possible to explore how differing ideas about 'the family' inform different areas of law. This approach allows Family Life and the Law to analyze the extent to which the law is consistent and/or inconsistent in its concept and treatment of the family across and within disciplines. The book is particularly timely in view of the passage of the Civil Partnership Act 2004, the implications of which reverberate throughout family law and allied disciplines, and the current reconsideration of the position of cohabiting couples.
Author: Sanford N. Katz
Publisher: OUP Us
ISBN: 0199759227
Category : Law
Languages : en
Pages : 346
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Book Description
This volume examines the state of family law in America. Among its themes is the tension between individual autonomy and governmental regulation in all aspects of family law. It examines both conventional and new definitions of formal and informal domestic relationships.
Author: Benjamin Law
Publisher: Black Inc.
ISBN: 1921870354
Category : Biography & Autobiography
Languages : en
Pages : 242
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Book Description
Writer and columnist Benjamin Law revisits his joyous and much-loved family memoir, spilling the tea on his family's latest antics The book that inspired the major SBS television series! Meet the Law family – eccentric, endearing and hard to resist. Your guide is Benjamin, the third of five children and a born humourist. Join him as he tries to answer some puzzling questions. Why won't his Chinese dad wear made-in-China underpants? Why was most of his extended family deported in the 1980s? Will his childhood dreams of Home and Away stardom come to nothing? What are his chances of finding love? In this updated edition with a new chapter, Benjamin Law fills us in on his family's antics from the past decade. ‘Benjamin Law manages to be scatagogical, hilarious and heartbreaking all at the same time. Every sentence fizzes like an exploding fireball of energy.’—Alice Pung ‘A vivid, gorgeously garish, Technicolour portrait of a family. It's impossible not to let oneself go along for the ride and emerge at the book's end enlightened, touched, thrilling with laughter.’—Marieke Hardy ‘The eccentric, clever and beautifully resonant The Family Law. It's sharply written, brilliantly observed and infused with an authenticity that makes it compelling.’ —Saturday Age ‘Very funny...you may find yourself at times almost barking with laughter’ —The Monthly ‘Law is a writer of great wit and warmth who combines apparently artless and effortless comedian's patter with a high level of technical skill.’ —Sydney Morning Herald ‘Simultaneously weird and instantly recognisable, the Laws are an Australian family it's well worth getting to know’ —The Enthusiast ‘Wonderful. Everyone should run to their nearest bookshop and buy a copy.’ —Defamer ‘An addictive read.’ —Courier-Mail
Author: Tracy A. Thomas
Publisher: NYU Press
ISBN: 081478304X
Category : Law
Languages : en
Pages : 325
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Book Description
"Thomas explores Stanton's philosophies and proposals for women's equality in marriage, divorce, and maternity, and reveals that the campaigns for equal gender roles in the family from the 1960's and '70's had nineteenth-century roots. Applying feminist legal theory, Thomas argues that Stanton's positions on family equality were strikingly progressive, providing parallels and solutions to the issues confronting women today."--Provided by publisher.
Author: Jonathan Herring
Publisher: OUP Oxford
ISBN: 0191645591
Category : Law
Languages : en
Pages : 144
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Book Description
What is a family? What makes someone a parent? What rights should children have? Family Law: A Very Short Introduction gives the reader an insight not only into what the law is, but why it is the way it is. It examines how laws have had to respond to social changes in family life, from rapidly rising divorce rates to surrogate mothers, and gives insight into family courts which are required to deal with the chaos of family life and often struggle to keep up-to-date with the social and scientific changes which affect it. It also looks to the future: what will families look like in the years ahead? What new dilemmas will the courts face? ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
