The Recognition Of Polygamous Marriages In English Law

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Private International Law: Polygamous Marriages

Author : Great Britain. Law Commission
Publisher : Unknown
Page : 65 pages
File Size : 47,9 Mb
Release : 1985
Category : Marriage law
ISBN : OCLC:166462306

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Private International Law: Polygamous Marriages by Great Britain. Law Commission Pdf

Polygamy, Policy and Postcolonialism in English Marriage Law

Author : Zainab Naqvi
Publisher : Policy Press
Page : 238 pages
File Size : 47,6 Mb
Release : 2023-01-25
Category : Law
ISBN : 9781529210811

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Polygamy, Policy and Postcolonialism in English Marriage Law by Zainab Naqvi Pdf

Slaves, mistresses, concubines – the English courts have used these terms to describe polygamous wives in the past, but are they still seen this way today? Using a critical postcolonial feminist lens, this book provides a contextualized exploration of English legal responses to polygamy. Through the legacies of British imperialism, the book shows how attitudes to polygamy are shaped by indifference and hostility towards its participants. This goes beyond the law, as shown by the stories of women shared throughout the book negotiating their identities and relationships in the UK today. Through its analysis, the book demonstrates how polygamy and polygamous wives are subjected to imperialist and orientalist discourses which dehumanise them for practising a relationship that has existed for millennia.

Research Handbook on Marriage, Cohabitation and the Law

Author : Rebecca Probert,Sharon Thompson
Publisher : Edward Elgar Publishing
Page : 495 pages
File Size : 53,5 Mb
Release : 2024-05-02
Category : Law
ISBN : 9781802202656

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Research Handbook on Marriage, Cohabitation and the Law by Rebecca Probert,Sharon Thompson Pdf

This insightful Research Handbook provides a global perspective on key legal debates surrounding marriage and cohabitation. Bringing together an impressive array of established and emerging scholars, it adopts a comparative approach to analyse cross-jurisdictional trends and divergences in relationship recognition and family formation.

Polygamy, Policy and Postcolonialism in English Marriage Law

Author : Zainab Naqvi
Publisher : Policy Press
Page : 239 pages
File Size : 55,7 Mb
Release : 2023-01-25
Category : Law
ISBN : 9781529210804

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Polygamy, Policy and Postcolonialism in English Marriage Law by Zainab Naqvi Pdf

Slaves, mistresses, concubines – the English courts have used these terms to describe polygamous wives in the past, but are they still seen this way today? Using a critical postcolonial feminist lens, this book provides a contextualized exploration of English legal responses to polygamy. Through the legacies of British imperialism, the book shows how attitudes to polygamy are shaped by indifference and hostility towards its participants. This goes beyond the law, as shown by the stories of women shared throughout the book negotiating their identities and relationships in the UK today. Through its analysis, the book demonstrates how polygamy and polygamous wives are subjected to imperialist and orientalist discourses which dehumanise them for practising a relationship that has existed for millennia.

Polygamous Marriages

Author : Great Britain. Law Commission,Scottish Law Commission
Publisher : Unknown
Page : 126 pages
File Size : 52,6 Mb
Release : 1982-01-01
Category : Bigamy
ISBN : 0117301639

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Polygamous Marriages by Great Britain. Law Commission,Scottish Law Commission Pdf

Exploring Norms and Family Laws across the Globe

Author : Melissa L. Breger
Publisher : Rowman & Littlefield
Page : 409 pages
File Size : 47,6 Mb
Release : 2022-03-28
Category : Law
ISBN : 9781793618368

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Exploring Norms and Family Laws across the Globe by Melissa L. Breger Pdf

Bringing together some of the world’s leading family law scholars, as well as bright and emerging minds in the field of global family law, this book explores the differences and commonalities in the conceptualization and legal treatment of families throughout different legal traditions. Each chapter delves into topics integral to family law jurisprudence and serves as a novel examination into a deep slice of family law. Together, the four parts and sixteen chapters create a melodious and intriguing examination of groundbreaking and cutting-edge areas of law in the realm of the family. The four parts primarily focus upon a major family law topic with the authors examining the laws across jurisdictions, cross-nationally, or in some cases intra-jurisdictionally. It is through this comparative lens that we see how family law concepts are woven into the fabric of overall society around the globe. This book is of interest to family law, international law, sociology, and socio-legal scholars.

Indian Private International Law

Author : Stellina Jolly,Saloni Khanderia
Publisher : Bloomsbury Publishing
Page : 416 pages
File Size : 51,5 Mb
Release : 2021-10-07
Category : Law
ISBN : 9781509938193

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Indian Private International Law by Stellina Jolly,Saloni Khanderia Pdf

This book provides an authoritative account of the evolution and application of private international law principles in India in civil commercial and family matters. Through a structured evaluation of the legislative and judicial decisions, the authors examine the private international law in the Republic and whether it conforms to international standards and best practices as adopted in major jurisdictions such as the European Union, the United Kingdom, the United States, India's BRICS partners - Brazil, Russia, China and South Africa and other common law systems such as Australia, Canada, New Zealand, and Nepal. Divided into 13 chapters, the book provides a contextualised understanding of legal transformation on key aspects of the Indian conflict-of-law rules on jurisdiction, applicable law and the recognition and enforcement of foreign judgments or arbitral awards. Particularly fascinating in this regard is the discussion and focus on both traditional and contemporary areas of private international law, including marriage, divorce, contractual concerns, the fourth industrial revolution, product liability, e-commerce, intellectual property, child custody, surrogacy and the complicated interface of 'Sharia' in the conflict-of-law framework. The book deliberates the nuanced perspective of endorsing the Hague Conference on Private International Law instruments favouring enhanced uniformity and predictability in matters of choice of court, applicable law and the recognition and enforcement of foreign judgments. The book's international and comparative focus makes it eminently resourceful for legislators, the judges of Indian courts and other interested parties such as lawyers and litigants when they are confronted with cross-border disputes that involve an examination of India's private international law. The book also provides a comprehensive understanding of Indian private international law, which will be useful for academics and researchers looking for an in-depth discussion on the subject.

The Future of Tradition

Author : Leon Shaskolsky Sheleff
Publisher : Routledge
Page : 592 pages
File Size : 44,8 Mb
Release : 2013-09-05
Category : History
ISBN : 9781136326158

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The Future of Tradition by Leon Shaskolsky Sheleff Pdf

Recent years have seen an increased interest in the variety of cultures co-existing within one state, and a growing acknowledgement of the values ensconced in pluralistic social structures. this book examines the manner in which indigenous people can function in modern states, preserving their traditional customs, while simultaneously adapting aspects of their culture to the challenges posed by modern life. Whereas it was formerly assumed that these tribal frameworks were doomed to extinction, and some states even encouraged such a process, there has been a revival in their vitality, linked to a recognition of their rights. The book offers a comprehensive survey of various aspects of tribal life, focusing on political issues such as the meaning of sovereignty, legal issues dealing with the role of custom and social issues concerned with sustaining communal life. A focused study is made of a whole series of legal factors, relating to possession and ownership of land, religious rites, the nature of polygamous marriages, the assertion of group rites, the manner of peacefully resolving disputes and allied questions. Recent judicial decisions are analysed as a reflection of the far-reaching changes that have taken place, in a process that has seen the former disregard of basic rights of indigenous people being replaced by an awareness of the injustices perpetrated in the past and a willingness to seek to redress them. The comparison between approaches of different English-speaking countries provides an account of interwoven developments.

Polygamy in the Monogamous World

Author : Martha Bailey,Amy J. Kaufman
Publisher : Bloomsbury Publishing USA
Page : 288 pages
File Size : 49,6 Mb
Release : 2010-05-20
Category : Philosophy
ISBN : 9780313379536

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Polygamy in the Monogamous World by Martha Bailey,Amy J. Kaufman Pdf

This fact-filled book on polygamy and plural unions around the world supports an in-depth consideration of policy options for Western countries. Polygamy and plural marriage have become front-and-center issues in Europe, Canada, and the United States, notably on two religious fronts: among some splinter groups of the Church of Jesus Christ of Latter-Day Saints and in Islam. Polygamy in the Monogamous World: Multicultural Challenges for Western Law and Policy takes both groups into account as it provides a careful examination of legal polygamy in non-Western countries and plural unions in North America. Comparing these similar, but legally distinct forms of union, it offers a fresh perspective on how Western countries should respond to these relationships. Specifically, the book surveys non-Western countries where polygamy is legally practiced, then provides an overview of plural unions in North America. The problems of polygamy and plural unions are examined, including the potential for tne abuse of wives. The responses of Western governments to such relationships are reviewed, and the most effective solutions are identified to ascertain what policies should be adopted going forward.

English Private Law

Author : Andrew Burrows
Publisher : OUP Oxford
Page : 1663 pages
File Size : 52,9 Mb
Release : 2013-08-08
Category : Law
ISBN : 9780191637872

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English Private Law by Andrew Burrows Pdf

Now in its third edition, this work has established itself as a key point of reference on English private law for lawyers in the UK and throughout the world. The book acts as an accessible first point of reference for practitioners approaching a private law issue for the first time, whilst simultaneously providing a lucid, concise and authoritative overview of all the key areas of private law. This includes contract, tort, unjust enrichment, land law, trusts, intellectual property, succession, family, companies, insolvency, private international law and civil procedure. Each section is written by an acknowledged expert, using their experience and understanding to provide a clear distillation and analysis of the subject. This new edition includes all the recent developments since the publication of the second edition in 2007. It covers some areas that were previously not addressed including arbitration in civil procedure, the Human Rights Act 1998 in tort law, and regulatory reform in the light of the global financial crisis. No other single text provides such comprehensive and lucid coverage of the whole of English private law as this one. It has come to be regarded as an essential item for every law library, reflecting its appeal to both English practitioners and those working in other jurisdictions. At the same time the book's depth of analysis, combined with its ease of reference, make it a favourite among academics and students worldwide.

The Multi-Cultural Family

Author : Ann Laquer Estin
Publisher : Routledge
Page : 604 pages
File Size : 54,9 Mb
Release : 2017-03-02
Category : Law
ISBN : 9781351885409

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The Multi-Cultural Family by Ann Laquer Estin Pdf

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.

Family Law

Author : Ruth Lamont
Publisher : Oxford University Press
Page : 712 pages
File Size : 43,9 Mb
Release : 2022-03-11
Category : Domestic relations
ISBN : 9780192893536

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Family Law by Ruth Lamont Pdf

Family Law offers an engaging and debate-driven guide to the subject, with each chapter crafted by a team of highly experienced teachers writing on their specialist subject under the expert editorship of Ruth Lamont. Each chapter is a superbly clear guide to the topic, structured around the key debates central to that topic, which are then explored in detail throughout the chapter. Students are thereby introduced to an enlightening range of perspectives on the key issues in family law today, allowing them to formulate their own opinions and arguments. The social, economic, and political backdrop to each topic is also extensively discusssed to ensure that students' understanding is grounded in this essential context. Family Law is a critical and modern guide to this dynamic subject.

Immigration Controls, the Family and the Welfare State

Author : Steve Cohen
Publisher : Jessica Kingsley Publishers
Page : 369 pages
File Size : 48,9 Mb
Release : 2001
Category : Social Science
ISBN : 9781853027239

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Immigration Controls, the Family and the Welfare State by Steve Cohen Pdf

For social and welfare workers, the complexities of immigration law may at first appear daunting. In this book Steve Cohen examines the law as it applies to the family and welfare, giving pointers for good practice.

Intimate Relationships Across Boundaries

Author : Julia Moses,Julia Woesthoff
Publisher : Routledge
Page : 248 pages
File Size : 49,7 Mb
Release : 2021-05-17
Category : Political Science
ISBN : 9781000386837

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Intimate Relationships Across Boundaries by Julia Moses,Julia Woesthoff Pdf

This collection investigates intermarriage and related relationships around the world since the eighteenth century. The contributors explore how romantic relationships challenged boundary crossings of various kinds – social, geographic, religious, ethnic. To this end, the volume considers a range of related issues: Who participated in these unions? How common were they, and in which circumstances were they practised (or banned)? Taking a global view, the book also questions some of the categories behind these relationships. For example, how did geographical boundaries – across national lines, distinctions between colonies and metropoles or metaphors of the ‘East’ and the ‘West’ – shape the treatment of intermarriage? What role have social and symbolic boundaries, such as presumed racial, religious or socio-economic divides, played? To what extent and how were those boundaries blurred in the eyes of contemporaries? Not least, how have bureaucracies and law contributed to the creation of boundaries preventing romantic unions? Romantic relationships, the contributors suggest, brought into sharp relief assumptions not only about community and culture, but also about the sanctity of the intimate sphere of love and family. The chapters in this book were originally published as a special issue of The History of the Family.

Legal Pluralism in Conflict

Author : Prakash Shah
Publisher : Routledge
Page : 213 pages
File Size : 46,6 Mb
Release : 2016-09-17
Category : Law
ISBN : 9781135308780

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Legal Pluralism in Conflict by Prakash Shah Pdf

Legal Pluralism in Conflict offers a new theoretical perspective for conceptualising and analysing the relationship between ethnic minority laws and the official legal order. Examining the limits of liberal legal thought in light of a contemporary plurality of ethnic identifications and religious beliefs, Prakash Shah takes up the case for a 'legal pluralism' that views ethnic minority laws in interaction with the official British legal order. This form of legal pluralism is not, however, without conflict. This book pursues a series of case studies that critically consider why and how state laws marginalise ethnic minority legal orders. Legal Pluralism in Conflict contains discussions of the recognition of polygamous marriages, homicide, the expertise provided in immigration cases and the legal discourse of nationality. It is in this engagement with some of the most challenging issues posed by the diverse character of modern society that its author sets out an alternative course for ethnic minority legal studies. Legal Pluralism in Conflict will be invaluable to students and researchers concerned with law's relationship to and treatment of ethnic and religious diversity, as well as to those with wider interests in the limits and possibilities of political pluralism.