Ayelet Shachar
- Published in print:
- 2000
- Published Online:
- October 2005
- ISBN:
- 9780198297703
- eISBN:
- 9780191602948
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019829770X.003.0008
- Subject:
- Political Science, Political Theory
The first section of this chapter (Women and family law) demonstrates why women living in minority groups are more vulnerable than men to maltreatment in the family‐law context. In the second ...
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The first section of this chapter (Women and family law) demonstrates why women living in minority groups are more vulnerable than men to maltreatment in the family‐law context. In the second section, two extant approaches to family‐law accommodation (the ‘secular absolutist’ model, and the ‘religious particularist’ model) are discussed that exemplify the family‐law arrangements adopted in numerous legal democracies. In the last section, a new alternative multicultural approach is developed to family‐law accommodation. This is called the ‘joint‐governance’ model, and while it respects the crucial identity‐preserving function of family law, it also seeks to provide women living in close‐knit religious or cultural groups with the legal protection guaranteed to them as state citizenship.Less
The first section of this chapter (Women and family law) demonstrates why women living in minority groups are more vulnerable than men to maltreatment in the family‐law context. In the second section, two extant approaches to family‐law accommodation (the ‘secular absolutist’ model, and the ‘religious particularist’ model) are discussed that exemplify the family‐law arrangements adopted in numerous legal democracies. In the last section, a new alternative multicultural approach is developed to family‐law accommodation. This is called the ‘joint‐governance’ model, and while it respects the crucial identity‐preserving function of family law, it also seeks to provide women living in close‐knit religious or cultural groups with the legal protection guaranteed to them as state citizenship.
Amy G. Mazur
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780199246724
- eISBN:
- 9780191599859
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199246726.003.0007
- Subject:
- Political Science, Comparative Politics
In the first section, the analysis defines the general feminist aims and parameters of the sub‐area of Family Law Policy. It then discusses the range and timing of policies found in the 13 countries ...
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In the first section, the analysis defines the general feminist aims and parameters of the sub‐area of Family Law Policy. It then discusses the range and timing of policies found in the 13 countries and closes with a discussion of the criteria for selecting the four policy cases covered in the chapter. Family Law Policy effects changes in the body of law on the family to improve women's lives. In the second section, the results of the analysis of the policy case literature on the dynamics of feminist policy formation is presented for the following four cases: Second‐phase Policy in Matrimonial Property Reform (1987) in Australia; First‐phase Divorce Reform in Ireland, 1981‐ 1995; First‐phase Marriage and Divorce Reform (1977) in Germany. The analysis concludes that one of the most important factors in determining feminist policy success in this particular sub‐sector of feminist policy may be cultural attitudes about gender.Less
In the first section, the analysis defines the general feminist aims and parameters of the sub‐area of Family Law Policy. It then discusses the range and timing of policies found in the 13 countries and closes with a discussion of the criteria for selecting the four policy cases covered in the chapter. Family Law Policy effects changes in the body of law on the family to improve women's lives. In the second section, the results of the analysis of the policy case literature on the dynamics of feminist policy formation is presented for the following four cases: Second‐phase Policy in Matrimonial Property Reform (1987) in Australia; First‐phase Divorce Reform in Ireland, 1981‐ 1995; First‐phase Marriage and Divorce Reform (1977) in Germany. The analysis concludes that one of the most important factors in determining feminist policy success in this particular sub‐sector of feminist policy may be cultural attitudes about gender.
Ayelet Shachar
- Published in print:
- 1999
- Published Online:
- November 2003
- ISBN:
- 9780198296102
- eISBN:
- 9780191599583
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019829610X.003.0005
- Subject:
- Political Science, Political Theory
Ayelet Shachar is a good deal less ‘catholic’, pointing at the losses in individual rights that multicultural accommodation may entail. She calls a ‘paradox of multicultural vulnerability’ a ...
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Ayelet Shachar is a good deal less ‘catholic’, pointing at the losses in individual rights that multicultural accommodation may entail. She calls a ‘paradox of multicultural vulnerability’ a situation in which group members may reap some benefits from multicultural accommodation, while individuals with ‘other’ identities (for instance, women) bear disproportionate costs for preserving their group's identity. Discussing religious family law in Israel, she puts her finger on a sore spot in Kymlicka's theory of multicultural citizenship, which prohibits individual rights violations in principle but lets them pass in practice.Less
Ayelet Shachar is a good deal less ‘catholic’, pointing at the losses in individual rights that multicultural accommodation may entail. She calls a ‘paradox of multicultural vulnerability’ a situation in which group members may reap some benefits from multicultural accommodation, while individuals with ‘other’ identities (for instance, women) bear disproportionate costs for preserving their group's identity. Discussing religious family law in Israel, she puts her finger on a sore spot in Kymlicka's theory of multicultural citizenship, which prohibits individual rights violations in principle but lets them pass in practice.
Patrick Parkinson and Judy Cashmore
- Published in print:
- 2008
- Published Online:
- May 2009
- ISBN:
- 9780199237791
- eISBN:
- 9780191717222
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199237791.001.0001
- Subject:
- Law, Family Law
This book examines whether and how children should be involved in the process of resolving family law disputes. Although there is widespread acceptance in the Western world that the views of children ...
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This book examines whether and how children should be involved in the process of resolving family law disputes. Although there is widespread acceptance in the Western world that the views of children should be taken into account, and that the weight given to those views should depend on their age and maturity, there is much less agreement about how children's voices should be heard and the purposes for which they are to be heard. This book examines these issues, drawing upon empirical data from interviews which explore the views and experiences of children, parents, counsellors, mediators, lawyers, and judges involved in such disputes in Australia. Most parents, children, and professionals were in favour of giving children a say, while not allowing them to make the decision. There were, however, quite different rationales for this. Mediators and family report writers, for example, emphasized the enlightenment that can come from giving children a say, while lawyers were more concerned with assessing the competence of children to make rational choices. There was also a general consensus among parents and professionals that giving children a say in resolving family law disputes also involved dangers. On the basis of this research, the book suggests ways in which children can better be heard without placing them at the centre of their parents' conflicts. Children might be given a say in some kinds of decisions much more than others and they should not be asked to choose between their parents competing positions. A major rationale for listening to children in family law disputes is that it provides a window upon children's worlds.Less
This book examines whether and how children should be involved in the process of resolving family law disputes. Although there is widespread acceptance in the Western world that the views of children should be taken into account, and that the weight given to those views should depend on their age and maturity, there is much less agreement about how children's voices should be heard and the purposes for which they are to be heard. This book examines these issues, drawing upon empirical data from interviews which explore the views and experiences of children, parents, counsellors, mediators, lawyers, and judges involved in such disputes in Australia. Most parents, children, and professionals were in favour of giving children a say, while not allowing them to make the decision. There were, however, quite different rationales for this. Mediators and family report writers, for example, emphasized the enlightenment that can come from giving children a say, while lawyers were more concerned with assessing the competence of children to make rational choices. There was also a general consensus among parents and professionals that giving children a say in resolving family law disputes also involved dangers. On the basis of this research, the book suggests ways in which children can better be heard without placing them at the centre of their parents' conflicts. Children might be given a say in some kinds of decisions much more than others and they should not be asked to choose between their parents competing positions. A major rationale for listening to children in family law disputes is that it provides a window upon children's worlds.
Susan Tiefenbrun
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195385779
- eISBN:
- 9780199776061
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195385779.003.008
- Subject:
- Law, Public International Law
This chapter examines various types of coded sign systems that, when decoded contextually and from the point of view of cultural peculiarities known to Iranians, reveal hidden realities about women's ...
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This chapter examines various types of coded sign systems that, when decoded contextually and from the point of view of cultural peculiarities known to Iranians, reveal hidden realities about women's human rights in Iran. It determines how and the extent to which basic human rights are being denied to women in Iran today and whether there is hope for more justice and gender equality in Iran in the future. The chapter is organized as follows. Part I examines the historic and political contexts of women's human rights in Iran. Part II looks at the sign system of wearing women's Islamic garb known as the hejab or veil in an attempt to uncover the meaning of the many different messages this speech act conveys. Part III investigates cultural manifestations of women's human rights abuses in Iran through a study of the memoirs and films of four Iranian women. Part IV investigates the Iranian family laws as a sign system that reflects the culture in Iran and conditions the status of women's rights today in that country. Part V examines some of the international human rights laws and instruments that protect gender equality. Finally, this chapter concludes by looking at the future of women's rights in Iran.Less
This chapter examines various types of coded sign systems that, when decoded contextually and from the point of view of cultural peculiarities known to Iranians, reveal hidden realities about women's human rights in Iran. It determines how and the extent to which basic human rights are being denied to women in Iran today and whether there is hope for more justice and gender equality in Iran in the future. The chapter is organized as follows. Part I examines the historic and political contexts of women's human rights in Iran. Part II looks at the sign system of wearing women's Islamic garb known as the hejab or veil in an attempt to uncover the meaning of the many different messages this speech act conveys. Part III investigates cultural manifestations of women's human rights abuses in Iran through a study of the memoirs and films of four Iranian women. Part IV investigates the Iranian family laws as a sign system that reflects the culture in Iran and conditions the status of women's rights today in that country. Part V examines some of the international human rights laws and instruments that protect gender equality. Finally, this chapter concludes by looking at the future of women's rights in Iran.
William Cornish
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199239757
- eISBN:
- 9780191705151
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199239757.003.0023
- Subject:
- Law, Legal History
This chapter on family law in the 19th century discusses the courts used for family disputes, private and public provision in law touching the family, the husband as patriarch, property during a ...
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This chapter on family law in the 19th century discusses the courts used for family disputes, private and public provision in law touching the family, the husband as patriarch, property during a marriage and after the death of a spouse, and male attitudes to the opposite sex.Less
This chapter on family law in the 19th century discusses the courts used for family disputes, private and public provision in law touching the family, the husband as patriarch, property during a marriage and after the death of a spouse, and male attitudes to the opposite sex.
William Cornish, J Stuart Anderson, Ray Cocks, Michael Lobban, Patrick Polden, and Keith Smith
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199239757
- eISBN:
- 9780191705151
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199239757.001.0001
- Subject:
- Law, Legal History
The Oxford History of the Laws of England: Volume XIII 1820-1914 Fields of Development is one of three volumes devoted to that period of relative peace across Europe running from the ...
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The Oxford History of the Laws of England: Volume XIII 1820-1914 Fields of Development is one of three volumes devoted to that period of relative peace across Europe running from the defeat of Napoleon to the terrible war against the two Kaisers. Volume XIII takes up five subject areas — some primarily public in orientation, some private, some increasingly mixed — where, between 1820 and 1914, any original clay was substantially remoulded. The volume covers the criminal law and its techniques of detection, prosecution, and punishment; provisions for social aid in accordance with the earnest moral endeavour of Victorian thought and action; family law as it came to apply both to the interests of the propertied classes and the great body of people supported by manual labour; labour law as it faced class conflict through the demands and actions of employers and trade unions; and the development of conceptions that would protect individuals against external intrusions upon their personal lives and allow them exclusive control over the results of their intellectual endeavours. Detailed footnoting to historical sources and literature occurs in the course of the narrative. Each volume has tables of cases and of statutes covering the materials in that volume.Less
The Oxford History of the Laws of England: Volume XIII 1820-1914 Fields of Development is one of three volumes devoted to that period of relative peace across Europe running from the defeat of Napoleon to the terrible war against the two Kaisers. Volume XIII takes up five subject areas — some primarily public in orientation, some private, some increasingly mixed — where, between 1820 and 1914, any original clay was substantially remoulded. The volume covers the criminal law and its techniques of detection, prosecution, and punishment; provisions for social aid in accordance with the earnest moral endeavour of Victorian thought and action; family law as it came to apply both to the interests of the propertied classes and the great body of people supported by manual labour; labour law as it faced class conflict through the demands and actions of employers and trade unions; and the development of conceptions that would protect individuals against external intrusions upon their personal lives and allow them exclusive control over the results of their intellectual endeavours. Detailed footnoting to historical sources and literature occurs in the course of the narrative. Each volume has tables of cases and of statutes covering the materials in that volume.
Chibli Mallat
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199230495
- eISBN:
- 9780191710926
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199230495.003.0010
- Subject:
- Law, Comparative Law
This chapter introduces family law from the point of view of legislative reform and the position of women in the legal system. The central thesis sees Alexis de Tocqueville's concept of the ‘age of ...
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This chapter introduces family law from the point of view of legislative reform and the position of women in the legal system. The central thesis sees Alexis de Tocqueville's concept of the ‘age of equality’ as the dominant paradigm in modern Middle Eastern law. It is argued that contemporary family law in the region is driven by legislative efforts to set increased equality between men and women, against a classical age which was overwhelmingly non-egalitarian. The equality debate in Muslim family law is addressed in the course of an analysis of marriage, divorce, and child custody, and is pursued in the light of legislation and legislative debates, as well as court decisions.Less
This chapter introduces family law from the point of view of legislative reform and the position of women in the legal system. The central thesis sees Alexis de Tocqueville's concept of the ‘age of equality’ as the dominant paradigm in modern Middle Eastern law. It is argued that contemporary family law in the region is driven by legislative efforts to set increased equality between men and women, against a classical age which was overwhelmingly non-egalitarian. The equality debate in Muslim family law is addressed in the course of an analysis of marriage, divorce, and child custody, and is pursued in the light of legislation and legislative debates, as well as court decisions.
Samia Bano
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199580910
- eISBN:
- 9780191723025
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199580910.003.0016
- Subject:
- Law, Comparative Law
This chapter draws upon debates about the concepts of ‘interlegality’ and ‘multicultural interlegality’, to analyze the ways in which Muslim legal pluralism in matters of family law are negotiated ...
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This chapter draws upon debates about the concepts of ‘interlegality’ and ‘multicultural interlegality’, to analyze the ways in which Muslim legal pluralism in matters of family law are negotiated and renegotiated between and within the limits of state and community laws. It begins with a brief discussion on the limits of traditional legal pluralist scholarship and considers why the concept of interlegality may be useful to better understand the multiplicity in matters of Muslim family law. It then analyzes the emergence of Muslim legal pluralism in Britain and asks whether Shariah Councils and the Muslim Arbitration Tribunal constitute new socio-legal formations and ‘multicultural interlegality’.Less
This chapter draws upon debates about the concepts of ‘interlegality’ and ‘multicultural interlegality’, to analyze the ways in which Muslim legal pluralism in matters of family law are negotiated and renegotiated between and within the limits of state and community laws. It begins with a brief discussion on the limits of traditional legal pluralist scholarship and considers why the concept of interlegality may be useful to better understand the multiplicity in matters of Muslim family law. It then analyzes the emergence of Muslim legal pluralism in Britain and asks whether Shariah Councils and the Muslim Arbitration Tribunal constitute new socio-legal formations and ‘multicultural interlegality’.
Joseph Chinyong Liow
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195377088
- eISBN:
- 9780199869527
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195377088.003.0005
- Subject:
- Religion, Islam
This chapter takes the discussion beyond the boundaries of mainstream party politics and systematically sets out the debates in the civil sphere that have both engaged and countered the discourse of ...
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This chapter takes the discussion beyond the boundaries of mainstream party politics and systematically sets out the debates in the civil sphere that have both engaged and countered the discourse of Islamism in Malaysia as propounded by the main Islamic political parties. In particular, the chapter provides a survey of major civil society groups in Malaysia and netizen discourses that have engaged the Islamization debate in recent times from various angles, particularly in relation to legal issues such as Islamic family law, hudud, and apostasy. To capture the full range of positions, it discusses groups that span the spectrum from conservative to liberal, anti-establishment to pro-establishment, and also includes non-Muslim and fringe Muslim groups. The chapter also looks at popular discourses and representations of Islamism in Malaysia expressed in English, Malay, and Mandarin-language blogs, alternative media, and Internet chatrooms, which represent a separate source of “popular opinion” and space for debate, although one that has thus far eluded analytical attention.Less
This chapter takes the discussion beyond the boundaries of mainstream party politics and systematically sets out the debates in the civil sphere that have both engaged and countered the discourse of Islamism in Malaysia as propounded by the main Islamic political parties. In particular, the chapter provides a survey of major civil society groups in Malaysia and netizen discourses that have engaged the Islamization debate in recent times from various angles, particularly in relation to legal issues such as Islamic family law, hudud, and apostasy. To capture the full range of positions, it discusses groups that span the spectrum from conservative to liberal, anti-establishment to pro-establishment, and also includes non-Muslim and fringe Muslim groups. The chapter also looks at popular discourses and representations of Islamism in Malaysia expressed in English, Malay, and Mandarin-language blogs, alternative media, and Internet chatrooms, which represent a separate source of “popular opinion” and space for debate, although one that has thus far eluded analytical attention.
