The Contested Place of Religion in Family Law

The Contested Place of Religion in Family Law PDF Author: Robin Fretwell Wilson
Publisher:
ISBN: 1108417604
Category : Law
Languages : en
Pages : 745

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Book Description
Examines clashes over religious liberty spanning the life cycle of families - from birth to death.

The Contested Place of Religion in Family Law

The Contested Place of Religion in Family Law PDF Author: Robin Fretwell Wilson
Publisher:
ISBN: 1108417604
Category : Law
Languages : en
Pages : 745

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Book Description
Examines clashes over religious liberty spanning the life cycle of families - from birth to death.

Church, State, and Family

Church, State, and Family PDF Author: John Witte, Jr.
Publisher: Cambridge University Press
ISBN: 1107184754
Category : Law
Languages : en
Pages : 457

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Book Description
Presents a robust defence of the essential place of stable marital families in modern liberal societies.

Marriage and Divorce in a Multi-Cultural Context

Marriage and Divorce in a Multi-Cultural Context PDF Author: Joel A. Nichols
Publisher: Cambridge University Press
ISBN: 1139503979
Category : Law
Languages : en
Pages : 417

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Book Description
American family law makes two key assumptions: first, that the civil state possesses sole authority over marriage and divorce; and second, that the civil law may contain only one regulatory regime for such matters. These assumptions run counter to the multicultural and religiously plural nature of our society. This book elaborates how those assumptions are descriptively incorrect, and it begins an important conversation about whether more pluralism in family law is normatively desirable. For example, may couples rely upon religious tribunals (Jewish, Muslim, or otherwise) to decide family law disputes? May couples opt into stricter divorce rules, either through premarital contracts or 'covenant marriages'? How should the state respond? Intentionally interdisciplinary and international in scope, this volume contains contributions from fourteen leading scholars. The authors address the provocative question of whether the state must consider sharing its jurisdictional authority with other groups in family law.

Human Rights under State-Enforced Religious Family Laws in Israel, Egypt and India

Human Rights under State-Enforced Religious Family Laws in Israel, Egypt and India PDF Author: Yüksel Sezgin
Publisher: Cambridge University Press
ISBN: 9781107636491
Category : Political Science
Languages : en
Pages : 0

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Book Description
About one-third of the world's population currently lives under pluri-legal systems where governments hold individuals subject to the purview of ethno-religious rather than national norms in respect to family law. How does the state-enforcement of these religious family laws impact fundamental rights and liberties? What resistance strategies do people employ in order to overcome the disabilities and limitations these religious laws impose upon their rights? Based on archival research, court observations and interviews with individuals from three countries, Yüksel Sezgin shows that governments have often intervened in order to impress a particular image of subjectivity upon a society, while people have constantly challenged the interpretive monopoly of courts and state-sanctioned religious institutions, re-negotiated their rights and duties under the law, and changed the system from within. He also identifies key lessons and best practices for the integration of universal human rights principles into religious legal systems.

Family Transformed

Family Transformed PDF Author: Steven M. Tipton
Publisher: Georgetown University Press
ISBN: 9781589013209
Category : Social Science
Languages : en
Pages : 332

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Book Description
Statistics on the American family are sobering. From 1975 to 2000, one-third of all children were born to single mothers, and one-half of all marriages ended in divorce. While children from broken homes are two to three times more likely to develop behavioral and learning difficulties, two-parent families are not immune to problems. The cost of raising children has increased dramatically, and married couples with children are now twice as likely as childless couples to file for bankruptcy. Clearly, the American family is in trouble. But how this trouble started, and what should be done about it, remain hotly contested. In a multifaceted analysis of the current state of a complex institution, Family Transformed brings together outstanding scholars from the fields of anthropology, demography, ethics, history, law, philosophy, primatology, psychology, sociology, and theology. Demonstrating that the family is both distinctive in its own right and deeply interwoven with other institutions, the authors examine the roles of education, work, leisure, consumption, legal regulation, public administration, and biology in shaping the ways we court and marry, bear and raise children, and make and break family bonds. International in approach, this wide-ranging volume situates current American debates over sex, marriage, and family within a global framework. Weighing mounting social science evidence that supports a continued need for the nuclear family while assessing the challenges posed by new advocacy for same-sex marriage, and delegalized coupling, the authors argue that only by reintegrating the family into a just moral order of the larger community and society can we genuinely strengthen it. This means not simply upholding traditional family values but truly grasping the family's growing diversity, sustaining its coherence, and protecting its fragility for our own sake and for the common good of society.

The Oxford Handbook of Christianity and Law

The Oxford Handbook of Christianity and Law PDF Author: John Witte, Jr.
Publisher: Oxford University Press
ISBN: 019760675X
Category : Education
Languages : en
Pages : 921

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Book Description
This volume tells the story of the interaction between Christianity and law-historically and today, in the traditional heartlands of Christianity and around the globe. Sixty new chapters by leading scholars provide authoritative and accessible accounts of foundational Christian teachings on law and legal thought over the past two millennia; the current interaction and contestation of law and Christianity on all continents; how Christianity shaped and was shaped by core public, private, penal, and procedural laws; various old and new forms of Christian canon law, natural law theory, and religious freedom norms; Christian teachings on fundamental principles of law and legal order; and Christian contributions to controversial legal issues. Together, the chapters make clear that Christianity and law have had a perennial and permanent influence on each other over time and across cultures, albeit with varying levels of intensity and effectiveness. This volume defines "Christianity" broadly to include Catholic, Protestant, and Orthodox traditions and various denominations and schools of thought within them. It draws on Christian ideas and institutions, norms and practices, texts and titans to tell the story of Christianity's engagement with the world of law over the past two millennia. The volume also defines "law" broadly as the normative order of justice, power, and freedom. The chapters address natural laws of conscience, reason, and the Bible and positive laws enacted by states, churches, and voluntary associations. Several chapters focus on Christian engagement with specific types of law: canon law, family law, education law, constitutional law, criminal law, procedural law, and laws governing labor, tax, contracts, torts, property, and beyond. Other chapters take up cutting edge legal issues of racial justice, environmental care, migration, euthanasia, and (bio)technology as well as fundamental legal principles of liberty, dignity, equality, justice, equity, judgment, and solidarity.

Christianity and Family Law

Christianity and Family Law PDF Author: John Witte, Jr
Publisher: Cambridge University Press
ISBN: 1108415342
Category : Law
Languages : en
Pages : 491

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Book Description
A comprehensive analysis of Christian influences on Western family law from the first century to the present day.

Gender and Justice in Family Law Disputes

Gender and Justice in Family Law Disputes PDF Author: Samia Bano
Publisher:
ISBN: 9781512600353
Category : Dispute resolution (Law)
Languages : en
Pages : 0

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Book Description
How mediation and religious dispute-resolution mechanisms operate within diverse communities

Islamic Family Law in a Changing World

Islamic Family Law in a Changing World PDF Author: 'Abd Allah Ahmad Na'im
Publisher: Zed Books
ISBN: 9781842770931
Category : Religion
Languages : en
Pages : 340

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Book Description
In "Islamic Family Law in a Changing World," Abdullahi A. An-Na'im explores the practice of the Shari'a, commonly known as Islamic Family Law. An-Na'im shows that the practical application of Shari'a principles is often modified by theological differences of interpretation, a country's particular customary practices, and state policy and law.

Religious Freedom, LGBT Rights, and the Prospects for Common Ground

Religious Freedom, LGBT Rights, and the Prospects for Common Ground PDF Author: William N. Eskridge Jr
Publisher: Cambridge University Press
ISBN: 1108470157
Category : Law
Languages : en
Pages : 567

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Book Description
LGBT, faith, and academic thought-leaders explore prospects for laws protecting each community's core interests and possible resolutions for culture-war conflicts.