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.
Joanna L. Grossman and Lawrence M. Friedman
- Published in print:
- 2011
- Published Online:
- October 2017
- ISBN:
- 9780691149820
- eISBN:
- 9781400839773
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691149820.003.0001
- Subject:
- Law, Family Law
This introductory chapter takes a brief look at family law in the United States as it changed over twentieth century and the start of the twenty-first. “Family law” refers to a particular branch of ...
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This introductory chapter takes a brief look at family law in the United States as it changed over twentieth century and the start of the twenty-first. “Family law” refers to a particular branch of the law—mostly about marriage, divorce, child custody, family property, adoption, and some related matters. However, this chapter also briefly considers other parts of the law that touch on the family in an important way, such as inheritance or the intersection between criminal law and family affairs. The chapter then considers the changes to family law in this expanded sense. In part, the changes were continuations of trends that started in the nineteenth century; but in part they were completely new. Perhaps the single most important trend was the decline of the traditional family, the family as it was understood in the nineteenth century, the family of the Bible and conventional morality.Less
This introductory chapter takes a brief look at family law in the United States as it changed over twentieth century and the start of the twenty-first. “Family law” refers to a particular branch of the law—mostly about marriage, divorce, child custody, family property, adoption, and some related matters. However, this chapter also briefly considers other parts of the law that touch on the family in an important way, such as inheritance or the intersection between criminal law and family affairs. The chapter then considers the changes to family law in this expanded sense. In part, the changes were continuations of trends that started in the nineteenth century; but in part they were completely new. Perhaps the single most important trend was the decline of the traditional family, the family as it was understood in the nineteenth century, the family of the Bible and conventional morality.
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.
Joanna L. Grossman and Lawrence M. Friedman
- Published in print:
- 2011
- Published Online:
- October 2017
- ISBN:
- 9780691149820
- eISBN:
- 9781400839773
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691149820.003.0012
- Subject:
- Law, Family Law
This chapter deals with the complexities of succession, specifically in the ways money is shared with other members of the family. Family members not only earn money from work; some family members ...
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This chapter deals with the complexities of succession, specifically in the ways money is shared with other members of the family. Family members not only earn money from work; some family members also inherit money from dead relatives, or get gifts from living ones. Other members give money away, during their lifetimes, or after death. Parents obviously have to pay for everything their children need, and grown children sometimes support old, sick, and destitute parents. When a family member dies, typically they leave whatever money or assets remain to members of the family. And while books, law school curricula, and legal practice treat family law and the law of succession as entirely different subjects, this chapter deals away with those distinctions in order to reveal how these subjects impact family life and family law.Less
This chapter deals with the complexities of succession, specifically in the ways money is shared with other members of the family. Family members not only earn money from work; some family members also inherit money from dead relatives, or get gifts from living ones. Other members give money away, during their lifetimes, or after death. Parents obviously have to pay for everything their children need, and grown children sometimes support old, sick, and destitute parents. When a family member dies, typically they leave whatever money or assets remain to members of the family. And while books, law school curricula, and legal practice treat family law and the law of succession as entirely different subjects, this chapter deals away with those distinctions in order to reveal how these subjects impact family life and family law.
E. Kay, M. Tisdall, and F. Morrison
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199652501
- eISBN:
- 9780191739217
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199652501.003.0011
- Subject:
- Law, Family Law, Human Rights and Immigration
Children's participation generally — and children's participation in court proceedings when their parents divorce or separate specifically — has gained considerable policy and practice prominence. In ...
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Children's participation generally — and children's participation in court proceedings when their parents divorce or separate specifically — has gained considerable policy and practice prominence. In 1995, the Children (Scotland) Act was passed; it was the most radical, across UK children's legislation, in specifying the requirement for children's participation. The 1995 Act remains the foundation of current Scottish family law, with certain amendments in regards to contested contact. In 1999, the then Scottish Executive commissioned the first study on the relevant provisions. The study analysed all related legislation and guidance, reported case law up until 2001, and undertook a feasibility study on investigating children's experiences of their participation. This chapter explores whether progress has been made since the study was undertaken. After summarizing the relevant legal provisions, an updated review of reported case law is undertaken. It then presents provisional findings from research with children about their participation in the contested area of child contact where there is a history of domestic abuse. The analysis concentrates particularly on the processes of participation and the ‘weight’ given to children's views, with accompanying consideration of how children and childhood are constructed within these.Less
Children's participation generally — and children's participation in court proceedings when their parents divorce or separate specifically — has gained considerable policy and practice prominence. In 1995, the Children (Scotland) Act was passed; it was the most radical, across UK children's legislation, in specifying the requirement for children's participation. The 1995 Act remains the foundation of current Scottish family law, with certain amendments in regards to contested contact. In 1999, the then Scottish Executive commissioned the first study on the relevant provisions. The study analysed all related legislation and guidance, reported case law up until 2001, and undertook a feasibility study on investigating children's experiences of their participation. This chapter explores whether progress has been made since the study was undertaken. After summarizing the relevant legal provisions, an updated review of reported case law is undertaken. It then presents provisional findings from research with children about their participation in the contested area of child contact where there is a history of domestic abuse. The analysis concentrates particularly on the processes of participation and the ‘weight’ given to children's views, with accompanying consideration of how children and childhood are constructed within these.
Joanna L. Grossman and Lawrence M. Friedman
- Published in print:
- 2011
- Published Online:
- October 2017
- ISBN:
- 9780691149820
- eISBN:
- 9781400839773
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691149820.001.0001
- Subject:
- Law, Family Law
This book is a comprehensive social history of twentieth-century family law in the United States. The book shows how vast, oceanic changes in society have reshaped and reconstituted the American ...
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This book is a comprehensive social history of twentieth-century family law in the United States. The book shows how vast, oceanic changes in society have reshaped and reconstituted the American family. Women and children have gained rights and powers, and novel forms of family life have emerged. The family has more or less dissolved into a collection of independent individuals with their own wants, desires, and goals. Modern family law, as always, reflects the brute social and cultural facts of family life. The story of family law in the twentieth century is complex. This was the century that said goodbye to common-law marriage and breach-of-promise lawsuits. This was the century, too, of the sexual revolution and women's liberation, of gay rights and cohabitation. Marriage lost its powerful monopoly over legitimate sexual behavior. Couples who lived together without marriage now had certain rights. Gay marriage became legal in a handful of jurisdictions. By the end of the century, no state still prohibited same-sex behavior. Children in many states could legally have two mothers or two fathers. No-fault divorce became cheap and easy. And illegitimacy lost most of its social and legal stigma. These changes were not smooth or linear—all met with resistance and provoked a certain amount of backlash. Families took many forms, some of them new and different, and though buffeted by the winds of change, the family persisted as a central institution in society. This book tells the story of that institution, exploring the ways in which law tried to penetrate and control this most mysterious realm of personal life.Less
This book is a comprehensive social history of twentieth-century family law in the United States. The book shows how vast, oceanic changes in society have reshaped and reconstituted the American family. Women and children have gained rights and powers, and novel forms of family life have emerged. The family has more or less dissolved into a collection of independent individuals with their own wants, desires, and goals. Modern family law, as always, reflects the brute social and cultural facts of family life. The story of family law in the twentieth century is complex. This was the century that said goodbye to common-law marriage and breach-of-promise lawsuits. This was the century, too, of the sexual revolution and women's liberation, of gay rights and cohabitation. Marriage lost its powerful monopoly over legitimate sexual behavior. Couples who lived together without marriage now had certain rights. Gay marriage became legal in a handful of jurisdictions. By the end of the century, no state still prohibited same-sex behavior. Children in many states could legally have two mothers or two fathers. No-fault divorce became cheap and easy. And illegitimacy lost most of its social and legal stigma. These changes were not smooth or linear—all met with resistance and provoked a certain amount of backlash. Families took many forms, some of them new and different, and though buffeted by the winds of change, the family persisted as a central institution in society. This book tells the story of that institution, exploring the ways in which law tried to penetrate and control this most mysterious realm of personal life.
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.
Joanna L. Grossman and Lawrence M. Friedman
- Published in print:
- 2011
- Published Online:
- October 2017
- ISBN:
- 9780691149820
- eISBN:
- 9781400839773
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691149820.003.0016
- Subject:
- Law, Family Law
This concluding chapter returns to the history of family law and the changes it has undergone throughout the twentieth and twenty-first centuries. Traditional morality has suffered serious defeats. ...
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This concluding chapter returns to the history of family law and the changes it has undergone throughout the twentieth and twenty-first centuries. Traditional morality has suffered serious defeats. Living in sin is no longer a sin for most people. Illegitimacy has lost its bite. Sodomy laws are history. Tough divorce laws have given way to no-fault. Gay marriage seems to be just beyond the horizon. All of this, in hindsight, has the smell of the inevitable; of course, no legal change occurred without a battle, sometimes a bitter one. Moreover, the chapter cautions against speculating on the future of family law, emphasizing that, as the history of family law shows, the future is not often as inevitable or predictable as one might think.Less
This concluding chapter returns to the history of family law and the changes it has undergone throughout the twentieth and twenty-first centuries. Traditional morality has suffered serious defeats. Living in sin is no longer a sin for most people. Illegitimacy has lost its bite. Sodomy laws are history. Tough divorce laws have given way to no-fault. Gay marriage seems to be just beyond the horizon. All of this, in hindsight, has the smell of the inevitable; of course, no legal change occurred without a battle, sometimes a bitter one. Moreover, the chapter cautions against speculating on the future of family law, emphasizing that, as the history of family law shows, the future is not often as inevitable or predictable as one might think.
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.
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/9780199239757.003.0029
- Subject:
- Law, Legal History
The pragmatic, utilitarian thrust of English private international law in the 19th century meant an absence of commitment either to territory or to person as the presumptive organizing idea of the ...
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The pragmatic, utilitarian thrust of English private international law in the 19th century meant an absence of commitment either to territory or to person as the presumptive organizing idea of the whole field. Comity embodied notions of mutual respect between legal systems. This at least suggested a certain preference for applying the same law to the solution of a legal issue, and for recognizing the decisions of foreign courts, particularly where they were following a parallel course to that on which an English court would take jurisdiction over a dispute with a foreign element and were applying the law that an English court would also apply. Nonetheless the combinations of foreign and local elements could weave patterns too various to provide ready-made solutions. Nowhere was that more evident than in respect of family matters. In this sphere one can observe some growing readiness to accord some place to foreign laws and the decisions of foreign courts. This chapter on foreign elements in family disputes covers the issues of domicil, marriage and divorce, and family governance.Less
The pragmatic, utilitarian thrust of English private international law in the 19th century meant an absence of commitment either to territory or to person as the presumptive organizing idea of the whole field. Comity embodied notions of mutual respect between legal systems. This at least suggested a certain preference for applying the same law to the solution of a legal issue, and for recognizing the decisions of foreign courts, particularly where they were following a parallel course to that on which an English court would take jurisdiction over a dispute with a foreign element and were applying the law that an English court would also apply. Nonetheless the combinations of foreign and local elements could weave patterns too various to provide ready-made solutions. Nowhere was that more evident than in respect of family matters. In this sphere one can observe some growing readiness to accord some place to foreign laws and the decisions of foreign courts. This chapter on foreign elements in family disputes covers the issues of domicil, marriage and divorce, and family governance.
Ludo Rocher (ed.)
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780195138177
- eISBN:
- 9780199834594
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195138171.001.0001
- Subject:
- Religion, Hinduism
This is a translation of a twelfth‐century Sanskrit legal text, with the original text. The Dāyabhāga was one of the most important texts in the history of Indian law. It is important because the ...
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This is a translation of a twelfth‐century Sanskrit legal text, with the original text. The Dāyabhāga was one of the most important texts in the history of Indian law. It is important because the British elevated it to such prominence in their new colony in the early nineteenth century. The text was taken as the authority on property inheritance and significant aspects of family law for the eastern Indian region. The case law and scholarship that surround it have shaped Indian personal law right up to the present day, although, since the Hindu Succession Act of 1956, it is no longer used in courts of law in India. Until now, there has been only one very inadequate English translation of the text (now 190 years old), which is virtually without reference to the Sanskrit. This new translation, which is accompanied by the original Sanskrit text, will make this crucial work genuinely available to those without the Sanskrit for the first time. Its goal is academic: to present not only to Sanskritists and Indologists but also to legal historians, a translation of a text that for about a century and a half has regulated all questions of partition and inheritance for Hindus living in Bengal. The book has an introduction, and the translation is accompanied by extensive footnotes.Less
This is a translation of a twelfth‐century Sanskrit legal text, with the original text. The Dāyabhāga was one of the most important texts in the history of Indian law. It is important because the British elevated it to such prominence in their new colony in the early nineteenth century. The text was taken as the authority on property inheritance and significant aspects of family law for the eastern Indian region. The case law and scholarship that surround it have shaped Indian personal law right up to the present day, although, since the Hindu Succession Act of 1956, it is no longer used in courts of law in India. Until now, there has been only one very inadequate English translation of the text (now 190 years old), which is virtually without reference to the Sanskrit. This new translation, which is accompanied by the original Sanskrit text, will make this crucial work genuinely available to those without the Sanskrit for the first time. Its goal is academic: to present not only to Sanskritists and Indologists but also to legal historians, a translation of a text that for about a century and a half has regulated all questions of partition and inheritance for Hindus living in Bengal. The book has an introduction, and the translation is accompanied by extensive footnotes.
Göran Lind
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195366815
- eISBN:
- 9780199867837
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195366815.001.0001
- Subject:
- Law, Family Law
This book is a comprehensive analysis of common law marriage. Part I provides a cultural and historical history of the subject, from Ancient Roman Law to Medieval Canon Law, and analyzes the ...
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This book is a comprehensive analysis of common law marriage. Part I provides a cultural and historical history of the subject, from Ancient Roman Law to Medieval Canon Law, and analyzes the reception of the doctrine in the United States. The current law concerning common law marriage is extremely complex and uncertain. By analyzing more than 2,000 American cases, Part II of the book is intended to be a legal guide for courts, public authorities and law firms dealing with common law marriage cases. It discusses the legal requirements for the establishment of a common law marriage as to capacity, contract, implied agreement, cohabitation and holding out, burdens of proof, and presumptions. Choice of law rules in all American jurisdictions are analyzed. One of the greatest challenges that family law today faces in the Western World is the decreasing rate of marriage and the increasing number of unmarried cohabiting couples. Part III conducts from historical, comparative, and sociological perspectives a legal policy discussion concerning the future of common law marriage and the modern cohabitation law. It contains a comparison of both the judicial and legislative developments in the United States, Northern and Western Europe, Canada, Australia, and New Zealand. With no predetermined agenda or bias, arguments are presented and discussed to give legislators and policymakers a basis for their considerations. Different legal constructions are discussed and a new model of marriage is presented.Less
This book is a comprehensive analysis of common law marriage. Part I provides a cultural and historical history of the subject, from Ancient Roman Law to Medieval Canon Law, and analyzes the reception of the doctrine in the United States. The current law concerning common law marriage is extremely complex and uncertain. By analyzing more than 2,000 American cases, Part II of the book is intended to be a legal guide for courts, public authorities and law firms dealing with common law marriage cases. It discusses the legal requirements for the establishment of a common law marriage as to capacity, contract, implied agreement, cohabitation and holding out, burdens of proof, and presumptions. Choice of law rules in all American jurisdictions are analyzed. One of the greatest challenges that family law today faces in the Western World is the decreasing rate of marriage and the increasing number of unmarried cohabiting couples. Part III conducts from historical, comparative, and sociological perspectives a legal policy discussion concerning the future of common law marriage and the modern cohabitation law. It contains a comparison of both the judicial and legislative developments in the United States, Northern and Western Europe, Canada, Australia, and New Zealand. With no predetermined agenda or bias, arguments are presented and discussed to give legislators and policymakers a basis for their considerations. Different legal constructions are discussed and a new model of marriage is presented.
William G. Wagner
- Published in print:
- 1994
- Published Online:
- October 2011
- ISBN:
- 9780198204473
- eISBN:
- 9780191676291
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198204473.003.0003
- Subject:
- History, European Modern History
This chapter describes the Imperial family law as being partial to the patriarchal family, i.e., practicing principles of patriarchal authority, unequal status, and patrilineal kinship. It provides a ...
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This chapter describes the Imperial family law as being partial to the patriarchal family, i.e., practicing principles of patriarchal authority, unequal status, and patrilineal kinship. It provides a comparison between the Imperial Law and the Western European Law regarding rights, obligations, and authority within the family. Petitions on changes to be made to the law, particularly on separation and divorce, are also presented.Less
This chapter describes the Imperial family law as being partial to the patriarchal family, i.e., practicing principles of patriarchal authority, unequal status, and patrilineal kinship. It provides a comparison between the Imperial Law and the Western European Law regarding rights, obligations, and authority within the family. Petitions on changes to be made to the law, particularly on separation and divorce, are also presented.
Elizabeth Cooke
- Published in print:
- 2000
- Published Online:
- January 2010
- ISBN:
- 9780198262220
- eISBN:
- 9780191714412
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198262220.001.0001
- Subject:
- Law, Law of Obligations
The law of estoppel by representation concerns those critical circumstances when the law will not allow a person to go back on what he has previously said. It might also be called the law of ...
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The law of estoppel by representation concerns those critical circumstances when the law will not allow a person to go back on what he has previously said. It might also be called the law of consistency. It has developed, from very simple origins, into a complex of ideas, which have proved to be of great practical importance in areas as diverse as land law, contract law, and family law. Development continues, as does the interaction with other areas; changes in recent years in the law's conception of contract, and in its approach to problems of family property, as well as the growth of the law of restitution, have all had their impact on estoppel. This book explores, explains, and criticises the law of estoppel; presents a logical structure for it; and in particular analyses the concept of ‘unconscionability’, which is now seen as a basis for the law.Less
The law of estoppel by representation concerns those critical circumstances when the law will not allow a person to go back on what he has previously said. It might also be called the law of consistency. It has developed, from very simple origins, into a complex of ideas, which have proved to be of great practical importance in areas as diverse as land law, contract law, and family law. Development continues, as does the interaction with other areas; changes in recent years in the law's conception of contract, and in its approach to problems of family property, as well as the growth of the law of restitution, have all had their impact on estoppel. This book explores, explains, and criticises the law of estoppel; presents a logical structure for it; and in particular analyses the concept of ‘unconscionability’, which is now seen as a basis for the law.
