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Author : Joel A. Nichols
Publisher : Unknown
Page : 418 pages
File Size : 55,6 Mb
Release : 2014-05-14
Category : Divorce
ISBN : 1139190105
Examines whether more pluralism in family law is normatively desirable and should be affirmatively fostered.
Author : Joel A. Nichols
Publisher : Cambridge University Press
Page : 417 pages
File Size : 54,7 Mb
Release : 2011-10-31
Category : Law
ISBN : 9781139503976
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.
Author : Ann Laquer Estin
Publisher : Routledge
Page : 604 pages
File Size : 46,9 Mb
Release : 2017-03-02
Category : Law
ISBN : 9781351885409
With the accelerating movement of individuals and families across national borders, the intersections of cultural and legal frameworks have become increasingly complex. The Multi-Cultural Family collects essays from around the world on the challenges of legal pluralism, minority religious communities and customary or indigenous law, with attention paid to marriage and divorce, as well as child custody and adoption, family violence and dispute resolution.
Author : Michael A. Helfand
Publisher : Cambridge University Press
Page : 363 pages
File Size : 50,8 Mb
Release : 2015-07-02
Category : Law
ISBN : 9781107083769
Addresses the relationship between the nation-state and non-state law, considering how they can coexist and transform each other.
Author : Jean L. Cohen,Cécile Laborde
Publisher : Columbia University Press
Page : 465 pages
File Size : 52,5 Mb
Release : 2015-12-22
Category : Religion
ISBN : 9780231540735
Polarization between political religionists and militant secularists on both sides of the Atlantic is on the rise. Critically engaging with traditional secularism and religious accommodationism, this collection introduces a constitutional secularism that robustly meets contemporary challenges. It identifies which connections between religion and the state are compatible with the liberal, republican, and democratic principles of constitutional democracy and assesses the success of their implementation in the birthplace of political secularism: the United States and Western Europe. Approaching this issue from philosophical, legal, historical, political, and sociological perspectives, the contributors wage a thorough defense of their project's theoretical and institutional legitimacy. Their work brings fresh insight to debates over the balance of human rights and religious freedom, the proper definition of a nonestablishment norm, and the relationship between sovereignty and legal pluralism. They discuss the genealogy of and tensions involving international legal rights to religious freedom, religious symbols in public spaces, religious arguments in public debates, the jurisdiction of religious authorities in personal law, and the dilemmas of religious accommodation in national constitutions and public policy when it violates international human rights agreements or liberal-democratic principles. If we profoundly rethink the concepts of religion and secularism, these thinkers argue, a principled adjudication of competing claims becomes possible.
Author : Daphna Hacker
Publisher : Cambridge University Press
Page : 397 pages
File Size : 47,6 Mb
Release : 2017-08-31
Category : Law
ISBN : 9781107144996
The first book to provide a socio-legal perspective on current interrelations between globalization, borders, families and the law.
Author : Mateusz Stępień,Anna Juzaszek
Publisher : Taylor & Francis
Page : 228 pages
File Size : 53,8 Mb
Release : 2024-08-01
Category : Law
ISBN : 9781040100950
This interdisciplinary book brings together leading social and legal scholars to tackle the incompatibility of marriage laws with contemporary social reality in Europe. Their critique is based on the assumption that individuals should be able to choose how they organise their close relationships. The contributors emphasise the importance of pluralism of beliefs, values, cultures, and lifestyles and the consequent need for legal recognition to make individuals' private choices valid and respected. The first part of the book establishes the foundation for the subsequent chapters by exploring the advantages and challenges of focusing on values while accommodating relationship design plurality, the impact of the European Court of Human Rights on the issue, and the transformation of the institution of marriage. The second part presents different legal responses to non-state marriages, particularly religious marriages among Muslim communities, and proposals for reform. The third part of the book features empirical research on the marital experiences of two communities: Muslims and migrants. The chapters concentrate on polygyny among female converts to Islam, the importance of religious knowledge for practising Muslim women in securing rights in their marital relationships, transnational and interreligious marriages, and the impact of acculturative orientation and position in the dual labour market on the choice of life partner among Polish migrant women. The book will be of interest to academics, researchers, and policymakers working in the areas of human rights law, family law, legal anthropology, law and religion, socio-legal studies, feminism and queer studies, and sociology of family.
Author : Lisa Fishbayn Joffe,Sylvia Neil
Publisher : UPNE
Page : 346 pages
File Size : 54,6 Mb
Release : 2013
Category : Law
ISBN : 9781611683271
Groundbreaking theoretical and legal approaches to resolving conflicts between gender equality and cultural practices
Author : John Witte, Jr.
Publisher : Cambridge University Press
Page : 457 pages
File Size : 52,9 Mb
Release : 2019-04-11
Category : Law
ISBN : 9781107184756
Presents a robust defence of the essential place of stable marital families in modern liberal societies.
Author : Jonathan Herring,Rebecca Probert,Stephen Gilmore
Publisher : Bloomsbury Publishing
Page : 493 pages
File Size : 53,7 Mb
Release : 2015-04-17
Category : Law
ISBN : 9781509958627
This textbook is an ambitious and engaging introduction to the more advanced writings on family law, primarily designed to allow students to 'get under the skin' of the topic and begin to build their critical thinking and analysis skills. Each chapter is structured around key questions and debates that provoke deeper thought and, ultimately, a clearer understanding. The aim of the book is therefore not to present a complete overview of theoretical issues in family law, but rather to illustrate the current debates which are currently going on among those working in shaping the area. The text features summaries of the views of notable experts on key topics and each chapter ends with a list of guided further reading.
Author : Tapiwa N. Mucherera
Publisher : Wipf and Stock Publishers
Page : 204 pages
File Size : 45,9 Mb
Release : 2017-11-03
Category : Religion
ISBN : 9781498283441
The coming of Colonization and Christianity to Africa and other indigenous cross-cultural contexts was a "mixed bag" of pros and cons. The impact of the advent of the two has had a lasting effect being felt even today. It created issues of bi-culturalism and bi-religiousness in personal and religious identities that counselors and the church need to address when working with people from these contexts. There is the existence of deep cultural trauma (including psychological and spiritual scars) needing healing for those living in most of these post-colonial contexts. The Western counseling approaches and Christian rituals need contextualization. A counselor or pastoral caregiver with an integrative consciousness is required to address the psychological and religious identity conflicts existing in African and other indigenous cross-cultural contexts.
Author : Freddy A. Paniagua
Publisher : SAGE
Page : 274 pages
File Size : 52,9 Mb
Release : 2001
Category : Medical
ISBN : 0761917896
Diagnosis in a Multicultural Context provides mental health professionals with materials to practice the application of cross-cultural variations on standard diagnostic guidelines. Freddy A. Paniagua offers clinical case examples to illustrate the cross-cultural variations applicable in the assessment, diagnosis and treatment of clients from four major cultural groups: African Americans, American Indians, Asians, and Hispanics.
Author : Michael J. Broyde
Publisher : Oxford University Press
Page : 320 pages
File Size : 45,8 Mb
Release : 2017-05-31
Category : Law
ISBN : 9780190640293
This book explores the rise of private arbitration in religious and other values-oriented communities, and it argues that secular societies should use secular legal frameworks to facilitate, enforce, and also regulate religious arbitration. It covers the history of religious arbitration; the kinds of faith-based dispute resolution models currently in use; how the law should perceive them; and what the role of religious arbitration in the United States and the western world should be. Part One examines why religious individuals and communities are increasingly turning to private faith-based dispute resolution to arbitrate their litigious disputes. It focuses on why religious communities feel disenfranchised from secular law, and particularly secular family law. Part Two looks at why American law is so comfortable with faith-based arbitration, given its penchant for enabling parties to order their relationships and resolve their disputes using norms and values that are often different from and sometimes opposed to secular standards. Part Three weighs the proper procedural, jurisdictional, and contractual limits of arbitration generally, and of religious arbitration particularly. It identifies and explains the reasonable limitations on religious arbitration. Part Four examines whether secular societies should facilitate effective, legally enforceable religious dispute resolution, and it argues that religious arbitration is not only good for the religious community itself, but that having many different avenues for faith-based arbitration which are properly limited is good for any vibrant pluralistic democracy inhabited by diverse faith groups.
Author : Catherine Holtmann,Nancy Nason-Clark
Publisher : BRILL
Page : 262 pages
File Size : 45,7 Mb
Release : 2018-06-26
Category : Religion
ISBN : 9789004372399
Religion, Gender, and Family Violence: When Prayers Are Not Enough brings together Canadian scholarship from sociology, law and religious studies in highlighting the perspectives of survivors, perpetrators, religious leaders, congregations and secular service providers.
Author : Jessi Streib
Publisher : Oxford University Press, USA
Page : 305 pages
File Size : 46,7 Mb
Release : 2015
Category : Family & Relationships
ISBN : 9780199364435
'The Power of the Past' advances the notion that intimate life - marriage and ideas of how to best live - is closely linked to the class in which individuals were raised. Arguing against the notion that class is a meaningless category or that college degrees erase childhood inequalities, this book describes the ways that the class of individuals' past influences their identities and marriages.
