family law sex and society a comparative study of family law

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Family Law Sex And Society

Author : Peter De Cruz
ISBN : 9781134999989
Genre : Family & Relationships
File Size : 70. 92 MB
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Comparative in both approach and framework, Family Law, Sex and Society provides a critical exposition of key areas in family law, exploring their evolution and development within their historical, cultural, political and legal context. Cross-referencing to English law throughout, this comparative textbook pays particular attention to the transformation of marriage; the development of divorce laws; matrimonial property; the legal recognition of unmarried heterosexual and same-sex cohabitants; the universal adoption of the best interests standard for children in domestic and international legislation; and the impact of the Human Rights Act 1998 on family law in a variety of jurisdictions. Divided into different sections, Family Law, Sex and Society includes coverage of: a jurisdictional and historical survey of some of the main themes in Family Law, as well as consideration of the evolution of the Western family the English law relating to divorce, marital property and children and a comparison with the equivalent law in the civil law jurisdictions of France and Germany family law developments in other common law countries such as Australia and New Zealand, selected American jurisdictions, parts of Africa and some Far Eastern countries; and hybrid jurisdictions like Japan and Russia an analysis of the law relating to unmarried cohabitation and domestic partnerships in civil law jurisdictions such as France, Germany and Sweden in comparison to Anglo-American law a comparative analysis of the laws relating to domestic violence. Family Law, Sex and Society offers valuable socio-legal and socio-cultural insights into the practice of family law, and is the only textbook that provides a unified, coherent and comparative approach to the study of family law as it operates in these particular jurisdictions.

Routledge Handbook Of Family Law And Policy

Author : John Eekelaar
ISBN : 9781134447602
Genre : Law
File Size : 42. 95 MB
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Changes in family structures, demographics, social attitudes and economic policies over the last sixty years have had a large impact on family lives and correspondingly on family law. This book provides global perspectives on the policy challenges facing family law and policy round the world. The chapters apply legal, sociological, demographic and social work research to explore the most significant issues that have been commanding the attention of family law policy-makers in recent years. Featuring contributions from a range of renowned global experts, the book draws on multiple jurisdictions and offers comparative analysis across a range of countries. The book addresses a range of issues including: the role of the state in supporting families and protecting the vulnerable children’s rights and parental authority sexual orientation and gender in family law the status of marriage and other forms of adult relationships divorce and separation and their consequences the relationship between civil law and the law of minority groups assisted conception movement of family members between jurisdictions This advanced level reference work will be essential reading for students, researchers and scholars of family law and social policy as well as policy makers in the field.

Pasolini S Italian Premonitions

Author : Maria Federica Moscati
ISBN : 0854901353
Genre : Civil unions
File Size : 58. 83 MB
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This book considers legal, procedural, and social aspects of the development of the phenomena of same-sex unions and their disputes across a broad range of jurisdictions over the past three decades. It offers a comparative analysis within the discourses of family law, anchoring that analysis in an empirical account of relevant developments, and the controversies surrounding them, in Italy. The study focuses on Italy as a revealing case-study of the issues, because it is a jurisdiction where the arguments for and against legal recognition of same-sex unions have been put forward within a particularly close relationship between legal developments, culture, social values (including religion) and political interests. From that empirical focus, the book proceeds to a comparative study, analysing effects and consequences of same-sex unions and disputes in other selected jurisdictions, and showing the manner in which law and society, including religion, have influenced each other in this area.The study argues that legal recognition of same-sex unions is not a manifestation of tolerance but rather is a development within society and its law depending on several cultural factors. It emphasises that same-sex unions have long been part of family law in many cultures around the world. Despite their importance, the sometimes long-established accounts of same-sex unions and disputes have been an almost completely neglected area of study in comparative family law. The reason for such neglect of practices and discourses lies mainly in the methodology used in comparative family law.In order to reach these conclusions, and underpinning the comparative aspects of the study, this book draws upon not only legal, but also anthropological analysis of social values, religious attitudes, and law regarding same-sex unions and disputes. The book is intended as contribution to the study of comparative legal studies and access to justice, and by considering legal and social developments in the Italian legal culture it also fills a gap in the literature by offering a detailed analysis of legal and social developments of issues and debates related to the rights of same-sex couples in Italy.

Families And Estates

Author : Rosalind Croucher
ISBN : 9789041123787
Genre : Law
File Size : 73. 50 MB
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This volume continues the work of the International Academy of Estate and Trust Law in 2003 and 2004 in examining through the juxtaposition of civil and common law jurisdictions areas of fundamental importance to estate and trust lawyers internationally. Here we focus upon two themes: the definition of `family and the impact of the expansion of the concept of `family in law; and family fights over wills and estates - what recourse family members may have in challenging an estate. Each theme also has contained within it the continuing struggle between `private and `public: what responsibilities should be shouldered privately, within `the family, and what responsibilities are properly those to be borne by the state? The definition of family lies at the heart of this struggle - because with each expansion of the definition comes an expansion of responsibility in the private arena; but, at the same time, a public recognition of relationships having consequences - expanding definitions of family are necessarily normative in this sense. The first Part, `The Challenge of the New Family for Law, considers the `challenge both in the inter vivos and the postmortem contexts in the United States, Canada, France, the United Kingdom, Australia and New Zealand. A particular focus is upon the dramatic expansion of the definition of family from the `traditional nuclear family consisting of a husband, wife and their mutual children to a definition that includes unmarried heterosexual and same sex couples living together and, in some jurisdictions to new kinds of companionate partnerships that are not based on a sexual relationship. In some jurisdictions such developments are simply an expression of sharing responsibility by allocating it in the private domain, as opposed to the public potentially through social welfare; in others, particularly in the United States, it is a flashpoint a defence of fundamental institutions and, with it, a defence of society itself. The second Part, Family Fights over Wills and Estates, examines the law in Australia, Switzerland, France, Mexico, and the United Kingdom. In its comparison of civil and common law approaches we see how the law expresses the same principle objects - protection of family and obligations towards key family members - but does so from entirely different perspectives; and where the common law which enshrined the notion of testamentary freedom is being qualified through the expanding domain of family provision legislation, the civil law which is based on codified shares and allocated responsibilities expressed through proportionate entitlements in estates, is being qualified through a range of disqualifying and varying mechanisms. This volume is the fifth of the published deliberations of the International Academy of Estate and Trust Law. It contains the work of solicitors, barristers, notaires, judges and Professors of Law in areas of Trusts, Inheritance and Succession Law, Tax and Comparative law. It will be of interest to practitioners and scholars alike in the area of trust and estate law.

Comparative Law In A Changing World

Author : Peter De Cruz
ISBN : 1138129496
Genre : Law
File Size : 45. 4 MB
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Providing a comprehensive and comparative analysis of the legal approach to key areas of law within different legal systems, this book offers a blueprint for comparative legal study by evaluating the current epistemological debate on comparative law and comparative legal research methods. Substantive law, the law of obligations, commercial and corporate law within the major legal systems of the world are all examined and compared. While France and Germany are generally used as the archetypal civil law jurisdictions and English law as the main common law comparator, this third edition also examines the Russian Federation in the post-Soviet era and socialist legal influences as well as non-Western legal traditions. Fully updated and revised to include all recent developments, this edition also includes a broad historical introduction and outlines changes in EC Law. It assesses the possibility of Europeanization of national legal systems and certain legal topics, the impact of the globalization of legal institutions and the evolving 'new world order' in the early twenty-first century. Written in a clear, user-friendly style, Comparative Law in a Changing World is an accessible source for undergraduates and postgraduates wishing to trace the influence of common law and civil law legal traditions on jurisdictions across the world.

The Transformation Of Family Law

Author : Mary Ann Glendon
ISBN : 0226299708
Genre : Law
File Size : 39. 8 MB
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Mary Ann Glendon offers a comparative and historical analysis of rapid and profound changes in the legal system beginning in the 1960s in England, France, West Germany, Sweden, and the United States, while bringing new and insightful interpretation and critical thought to bear on the explosion of legislation in the last decade. "Glendon is generally acknowledged to be the premier comparative law scholar in the area of family law. This volume, which offers an analytical survey of the changes in family law over the past twenty-five years, will burnish that reputation. Essential reading for anyone interested in evaluating the major changes that occurred in the law of the family. . . . [And] of serious interest to those in the social sciences as well."—James B. Boskey, Law Books in Review "Poses important questions and supplies rich detail."—Barbara Bennett Woodhouse, Texas Law Review "An impressive scholarly documentation of the legal changes that comprise the development of a conjugally-centered family system."—Debra Friedman, Contemporary Sociology "She has painted a portrait of the family in which we recognize not only ourselves but also unremembered ideological forefathers. . . . It sends our thoughts out into unexpected adventures."—Inga Markovits, Michigan Law Review

Family Law Gender And The State

Author : Alison Diduck
ISBN : 9781847318930
Genre : Law
File Size : 82. 78 MB
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The third edition of this work on family law, comprising text, cases and materials, provides not only an explication of legal principle but also explores, primarily from a feminist perspective, some of the assumptions about, and constructions of, gender, sexual orientation, class and culture that underlie the law. It examines the ideology of the family and, in particular, the role of the law in contributing to and reproducing that ideology. Structured around the themes of equality, welfare, and family privacy, the book aims to offer the benefits of a textbook while also giving students a wide-ranging set of materials for classroom discussion. As well as providing a firm grounding in family law, the text sets the law in its social and historical context and encourages a critical approach by students to the subject. It provides an ideal introduction to family law for undergraduates, but will be equally helpful for postgraduate students of family law for whom it provides a challenging selection of materials set within a theoretical framework rich in ideas and arguments. Review of the second edition: 'Diduck and Kaganas examine legal developments to shed light on society, principally by investigating the ways in which family law constructs and regulates family life and responsibilities. Theirs is an important and ambitious book that aims ultimately at a feminist restatement of family law. .... [T]he [book] is written and referenced in such depth that it is a useful resource for legal as well as social science researchers at all levels, whether looking for theoretical inspiration or drawing up a literature review. The range of diverse sources that Diduck and Kaganas draw on is impressive: they seem to have included every bit of material that helps feminists make sense of family law. There is a well-pitched selection of further reading of such material at the end of each chapter. What's more, they undersell themselves by describing their book as "Text, Cases and Materials", because they have woven by far the largest proportion of the cases and materials into the text.' Helen Reece, Times Higher Education, May 2007. Reviews of first edition: 'A stimulating work which attempts to situate family law in its social, historical and political context. Its appeal should not be confined to family law students, as its commitment to a critical and analytical approach offers insights and ideas with broader significance.' Mary Childs, Child and Family Law Quarterly, September 2002 'The arguments are provocative, the analysis is stimulating and the materials amassed strongly support the authors' aim to question the "axiomatic status of what is traditionally designated as the family".' Fiona E Raitt, Infant and Child Development, September 2002 'It is not often that one can say of a textbook in Law that it "makes interesting reading" with quite the enthusiasm that can be expressed for this text. This new publication offers something that few textbooks seem to offer - a book you CAN open up virtually anywhere and find an interesting piece on almost any aspect of the broad family law spectrum.' Penny Booth, The Law Teacher, September 2002 'All the major themes in feminist and constructionist perspectives in family law are presented together with a wealth of readings and extensive references. As a teaching manual, it is excellent - a coherent feminist perspective across the entire range of family law' Marty Slaughter, Feminist Legal Studies, July 2003

Legal Recognition Of Same Sex Partnerships

Author : Robert Wintemute
ISBN : 9781841131382
Genre : Law
File Size : 64. 49 MB
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"Based on 'Legal Recognition of Same-Sex Partnerships : a Conference on National, European and International Law', Centre of European Law, School of Law, King's College, University of London, 1-3 July, 1999"--Acknowledgments

The Rule Of Law In Japan

Author : Carl F. Goodman
ISBN : 9789041127501
Genre : Law
File Size : 72. 37 MB
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Since publication of the first edition, practitioners who deal with Japanese law have put great store in this major work, which systematically compares U.S. law and Japanese law across all the major fields of legal practice. Japan's legal system has changed dramatically since the publication of the Second Revised Edition as a consequence of Legislation and Supreme Court decisions in such diverse areas as public law (including administrative, election, constitutional and criminal law) as well as private law (including custody, assisted reproduction technology, labor law, discrimination, corporate governance, civil litigation, etc.). This new edition follows the same comparative structure as formerly, but fully updates the coverage with the many changes currently in place or in process in Japanese law today while adding new chapters on Freedom of Expression and Conflict of Laws. Author Carl Goodman--an internationally known authority with extensive experience in international practice, university teaching in both Japan and the U.S., and U.S. government service--takes expert stock of these new developments, including the following: the ongoing liberalization of corporation law; the changes in criminal law brought about as a consequence of the system of lay/professional judges; the codification and clarification of rules dealing with transnational jurisdiction; protection of corporate whistleblowers; an evaluation of the revamping of the education system for lawyers; the new law governing choice of law questions in international cases; the protections extended to the growing temporary work force; freedom of religion--shrines on public lands--and freedom of conscience--teachers and the National Anthem; modified criminal law procedural protections and new rules for judicial evaluation of circumstantial evidence cases; communitarianism and Japanese law; continuing growth in judicial review including constitutional and administrative cases; and family law--surrogacy, adoption, ART, international custody and the Hague Convention, Gender Identity disorder, brain death, organ transplantation etc. Although the alteration of the legal landscape in Japan is highly visible, the author does not hesitate to raise questions as to how far-reaching the changes really are. In almost every branch of the new Japanese legal practice he uncovers ways in which laws and judicial rulings are closely qualified and are likely to present challenges in any given case. He reminds the reader in each chapter that 'what you see may not be what you get.' For this reason, and for its comprehensive coverage, this third edition is sure to gain new adherents as the best-informed practical guide for lawyers with dealings in Japan.

Sex And Punishment

Author : Eric Berkowitz
ISBN : 9781619020788
Genre : History
File Size : 90. 76 MB
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The “raging frenzy” of the sex drive, to use Plato’s phrase, has always defied control. However, that’s not to say that the Sumerians, Victorians, and every civilization in between and beyond have not tried, wielding their most formidable weapon: the law. At any given point in time, some forms of sex were condoned while others were punished mercilessly. Jump forward or backward a century or two (and often far less than that), and the harmless fun of one time period becomes the gravest crime in another. Judging Desire tells the story of the struggle throughout the millennia to regulate the most powerful engine of human behavior. Writer and lawyer Eric Berkowitz uses flesh-and-blood cases—much flesh and even more blood—to evoke the entire sweep of Western sex law, from the savage impalement of an Ancient Mesopotamian adulteress to the imprisonment of Oscar Wilde in 1895 for “gross indecency.” The cast of Judging Desire is as varied as the forms taken by human desire itself: royal mistresses, gay charioteers, medieval transvestites, lonely goat-lovers, prostitutes of all stripes, London rent boys. Each of them had forbidden sex, and each was judged—and justice, as Berkowitz shows, rarely had much to do with it. With the light touch of a natural storyteller, Berkowitz spins these tales and more, going behind closed doors to reveal the essential history of human desire.

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