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Matrimonial Rights and Obligations

Flavia Agnes

in Family Law Volume 2: Marriage, Divorce, and Matrimonial Litigation

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198072201
eISBN:
9780199081301
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198072201.003.0002
Subject:
Law, Family Law

This chapter estimates the movement within family laws from the sacramental premises of ‘love and honour’, ‘obedience and subservience’, and ‘duties and obligations’, to modern frames of ‘rights and ... More


Divorce

SANFORD N. KATZ

in Family Law in America

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199264346
eISBN:
9780191718502
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264346.003.0004
Subject:
Law, Family Law

This chapter discusses divorce, both as a termination of marriage and the recognition of new relationships between divorcing spouses and their children. Topics covered include divorce procedure, ... More


Otway v. Otway Private and public separation, 1790–1811

Lawrence Stone

in Broken Lives: Separation and Divorce in England, 1660-1857

Published in print:
1993
Published Online:
October 2011
ISBN:
9780198202547
eISBN:
9780191675393
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198202547.003.0012
Subject:
History, British and Irish Early Modern History

What this story brings out so vividly is the intense concern by family friends and legal advisers to avoid the shame and disgrace of airing domestic grievances in open court. On the other hand, such ... More


Family Law: The Search for Equality

Chibli Mallat

in Introduction to Middle Eastern Law

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 ... More


Parenting as a Sacred Trust

Jeffrey Shulman

in The Constitutional Parent: Rights, Responsibilities, and the Enfranchisement of the Child

Published in print:
2014
Published Online:
January 2015
ISBN:
9780300191899
eISBN:
9780300206746
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300191899.003.0002
Subject:
Law, Family Law

If by “fundamental” we designate rights with a deep historical pedigree, the right to parent free from state interference cannot be numbered among them. The American legal tradition is one that ... More


Private Separation

Lawrence Stone

in Road to Divorce: England 1530-1987

Published in print:
1990
Published Online:
October 2011
ISBN:
9780198226512
eISBN:
9780191678646
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198226512.003.0007
Subject:
History, British and Irish Early Modern History, Social History

This chapter discusses private separation, common among the middling sort and the elite. It traces the early history of the private separation deed from 1650 to 1760, as well as its legality from ... More


The Best Interests of the Child

Barbara Alpern Engel

in Breaking the Ties That Bound: The Politics of Marital Strife in Late Imperial Russia

Published in print:
2011
Published Online:
August 2016
ISBN:
9780801449512
eISBN:
9780801460692
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801449512.003.0009
Subject:
History, Russian and Former Soviet Union History

This chapter discusses the practices of the chancellery with regards to child custody in late nineteenth-century Russia. As the century drew to an end, the maternalist discourses of the late ... More


Mothers on Trial

Carlos A. Ball

in The Right to Be Parents: LGBT Families and the Transformation of Parenthood

Published in print:
2012
Published Online:
March 2016
ISBN:
9780814739303
eISBN:
9780814739310
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814739303.003.0002
Subject:
Law, Family Law

This chapter focuses on lesbian mothers fighting for the custody of their children in the courts. It looks at early cases whereby courts were almost uniformly hostile to the idea that openly lesbian ... More


1 Mothers on Trial

Carlos A. Ball

in The Right to Be Parents: LGBT Families and the Transformation of Parenthood

Published in print:
2012
Published Online:
March 2016
ISBN:
9780814739303
eISBN:
9780814739310
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814739303.003.0002
Subject:
Law, Family Law

This chapter focuses on lesbian mothers fighting for the custody of their children in the courts. It looks at early cases whereby courts were almost uniformly hostile to the idea that openly lesbian ... More


How the Deck is Stacked Against Mothers

Mariko Lin Chang

in Shortchanged: Why Women Have Less Wealth and What Can Be Done About It

Published in print:
2010
Published Online:
September 2012
ISBN:
9780195367690
eISBN:
9780199944101
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195367690.003.0004
Subject:
Sociology, Gender and Sexuality

This chapter investigates the effect that parenthood has on wealth for men and for women. Whether married or single, women who become mothers are placed in a “no-win” situation. For every year a ... More


Westmeath v. Westmeath The wars between the Westmeaths, 1812–1857

Lawrence Stone

in Broken Lives: Separation and Divorce in England, 1660-1857

Published in print:
1993
Published Online:
October 2011
ISBN:
9780198202547
eISBN:
9780191675393
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198202547.003.0013
Subject:
History, British and Irish Early Modern History

This story of the legal wars between the Westmeaths includes examples of almost all the possible causes of marital breakdown, from cruelty to adultery; from disputes over money to quarrels over where ... More


Adoption Averted in The Scarlet Letter

Carol J. Singley

in Adopting America: Childhood, Kinship, and National Identity in Literature

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199779390
eISBN:
9780199895106
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199779390.003.0003
Subject:
Literature, American, 19th Century Literature

Nathaniel Hawthorne explores nonnormative kinship structures in The Scarlet Letter. Hester Prynne successfully defends her right to custody of her daughter, Pearl, when the Salem magistrates threaten ... More


Divorce

Sanford N. Katz

in Family Law in America

Published in print:
2014
Published Online:
October 2014
ISBN:
9780199759224
eISBN:
9780199364800
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199759224.003.0003
Subject:
Law, Family Law

Divorce is both the legal termination of the marital relationship as well as the reorganization of that relationship. The substantive and procedural laws regulating divorce as ... More


Dicing with Justice

Neil Duxbury

in Random Justice: On Lotteries and Legal Decision-Making

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198268253
eISBN:
9780191683466
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268253.003.0005
Subject:
Law, Philosophy of Law

This chapter explores the principal drawbacks which can attach to decision-making by lot. While the disadvantages of deciding by lot are numerous, they can be categorized in terms of four themes: ... More


Children, abuse and parental contact in Denmark1

Hester Marianne

in Tackling men's violence in families: Nordic issues and dilemmas

Published in print:
2005
Published Online:
March 2012
ISBN:
9781861346032
eISBN:
9781447303640
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781861346032.003.0002
Subject:
Sociology, Marriage and the Family

This chapter draws on research co-directed by the author between 1990 and 1996 in England and Denmark examining arrangements for children's contact with parents after separation or divorce, in ... More


Non-Custodial Restraint

DAVID CLARK and GERARD McCOY

in The Most Fundamental Legal Right: Habeas Corpus in the Commonwealth

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198265849
eISBN:
9780191715280
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265849.003.0007
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter examines the question of whether a person who is on bail or under non-custodial restraint can apply for habeas corpus. The jurisdictions are divided on this question, and indeed in some ... More


Child Rights in India: Law, Policy, and Practice

Asha Bajpai

Published in print:
2006
Published Online:
October 2012
ISBN:
9780195670820
eISBN:
9780199082117
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195670820.001.0001
Subject:
Law, Human Rights and Immigration

This book presents important legislation and judgments on child rights in India. Each chapter includes constitutional provisions, and statutory and decisional law. It also stresses various relevant ... More


Family Law in America

Sanford N. Katz

Published in print:
2014
Published Online:
October 2014
ISBN:
9780199759224
eISBN:
9780199364800
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199759224.001.0001
Subject:
Law, Family Law

For many years family law was viewed as a study of the regulation of clearly defined relationships of husband and wife and parent and child. In the case of husband and wife, it was ... More


Fathers Come out of the Closet

Carlos A. Ball

in The Right to Be Parents: LGBT Families and the Transformation of Parenthood

Published in print:
2012
Published Online:
March 2016
ISBN:
9780814739303
eISBN:
9780814739310
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814739303.003.0003
Subject:
Law, Family Law

This chapter focuses on gay fathers fighting for the custody of their children in the courts. It begins by looking at early gay father cases dealing with visitation rights and child custody, at a ... More


The Socio-Legal Construction of the ‘Best Interests of the Child’: Law's Autonomy, Sociology, and Family Law

Robert van Krieken

in Law and Sociology

Published in print:
2006
Published Online:
March 2012
ISBN:
9780199282548
eISBN:
9780191700200
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199282548.003.0025
Subject:
Law, Philosophy of Law

This chapter explores the association between law and sociology in family law against the background of a discussion of Niklas Luhmann's analysis of law's combined operational closure and cognitive ... More


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