Jerome Murphy-O'Connor
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199564156
- eISBN:
- 9780191721281
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199564156.001.0001
- Subject:
- Religion, Biblical Studies
This book brings together sixteen originally independent articles dealing with various aspects of 1 Corinthians and published between 1976 and 1993. As the series develops there are more frequent ...
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This book brings together sixteen originally independent articles dealing with various aspects of 1 Corinthians and published between 1976 and 1993. As the series develops there are more frequent cross‐references. The first deals with the issue of co‐authorship, and the last with the question of interpolations in 1 Cor. The rest focus on the most difficult and disputed texts in 1 Corinthians, namely, 1 Cor 5: 3–5 (incest in the name of Christ); 6: 12–20 (Corinthian slogans about the body); 7: 10–11 (divorce and remarriage); 7: 14 (holiness); 8: 6 (baptismal acclamation); 8: 8 (Corinthian slogan regarding food); chs. 8–10 (food offered to idols); 11: 2–16 (3 articles; blurring of the distinction between the sexes in worship); 11: 17–34 (2 articles; house‐churches and the eucharist); 15: 3–7 (creed); 15: 29 (baptism for the dead). Each original article took contemporary scholarship into full account. A ‘Postscript’ appended to each one brings the discussion up to the present by documenting the ensuing debate about the proposed hypotheses.Less
This book brings together sixteen originally independent articles dealing with various aspects of 1 Corinthians and published between 1976 and 1993. As the series develops there are more frequent cross‐references. The first deals with the issue of co‐authorship, and the last with the question of interpolations in 1 Cor. The rest focus on the most difficult and disputed texts in 1 Corinthians, namely, 1 Cor 5: 3–5 (incest in the name of Christ); 6: 12–20 (Corinthian slogans about the body); 7: 10–11 (divorce and remarriage); 7: 14 (holiness); 8: 6 (baptismal acclamation); 8: 8 (Corinthian slogan regarding food); chs. 8–10 (food offered to idols); 11: 2–16 (3 articles; blurring of the distinction between the sexes in worship); 11: 17–34 (2 articles; house‐churches and the eucharist); 15: 3–7 (creed); 15: 29 (baptism for the dead). Each original article took contemporary scholarship into full account. A ‘Postscript’ appended to each one brings the discussion up to the present by documenting the ensuing debate about the proposed hypotheses.
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.
Barbara Jo Fidler, Nicholas Bala, and Michael A. Saini
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199895496
- eISBN:
- 9780199980086
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199895496.001.0001
- Subject:
- Psychology, Forensic Psychology
Interest in the problem of children who resist contact with or become alienated from a parent after separation or divorce is growing, due in part to parents' increasing frustrations with the apparent ...
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Interest in the problem of children who resist contact with or become alienated from a parent after separation or divorce is growing, due in part to parents' increasing frustrations with the apparent ineffectiveness of the legal system in handling these unique cases. There is a need for legal and mental health professionals to improve their understanding of, and response to, this polarizing social dynamic. This book is a critical, empirically based review of parental alienation that integrates the best research evidence with clinical insight from interviews with leading scholars and practitioners. The text draws upon the growing body of mental health and legal literature to summarize the historical development and controversies surrounding the concept of “alienation” and explain the causes, dynamics, and differentiation of various types of parent-child relationship issues. The chapters review research on prevalence, risk factors, indicators, assessment, and measurement to form a conceptual integration of multiple factors relevant to the etiology and maintenance of the problem of strained parent-child relationships. A differential approach to assessment and intervention is provided. Children's rights, the role of their wishes and preferences in legal proceedings, and the short- and long-term impact of parental alienation are also discussed.Less
Interest in the problem of children who resist contact with or become alienated from a parent after separation or divorce is growing, due in part to parents' increasing frustrations with the apparent ineffectiveness of the legal system in handling these unique cases. There is a need for legal and mental health professionals to improve their understanding of, and response to, this polarizing social dynamic. This book is a critical, empirically based review of parental alienation that integrates the best research evidence with clinical insight from interviews with leading scholars and practitioners. The text draws upon the growing body of mental health and legal literature to summarize the historical development and controversies surrounding the concept of “alienation” and explain the causes, dynamics, and differentiation of various types of parent-child relationship issues. The chapters review research on prevalence, risk factors, indicators, assessment, and measurement to form a conceptual integration of multiple factors relevant to the etiology and maintenance of the problem of strained parent-child relationships. A differential approach to assessment and intervention is provided. Children's rights, the role of their wishes and preferences in legal proceedings, and the short- and long-term impact of parental alienation are also discussed.
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/9780691149820.003.0009
- Subject:
- Law, Family Law
This chapter tracks the divorce story, from the traditional system of fault-based divorce to the new system of divorce on demand. It also takes a look at annulment and the recent backlash that tries, ...
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This chapter tracks the divorce story, from the traditional system of fault-based divorce to the new system of divorce on demand. It also takes a look at annulment and the recent backlash that tries, mostly without success, to use the law to try to stem the tide of family breakdown. In the twentieth century, one frequently hears that marriage and the nuclear family are under siege, as divorce—and especially the rise of no-fault divorce—contributes centrally to that image. Aside from divorce, the chapter also looks at two related topics—legal separation and annulment—both of which act as substitutes for divorce, with one still maintaining some illusion of marriage while the other breaks it apart completely.Less
This chapter tracks the divorce story, from the traditional system of fault-based divorce to the new system of divorce on demand. It also takes a look at annulment and the recent backlash that tries, mostly without success, to use the law to try to stem the tide of family breakdown. In the twentieth century, one frequently hears that marriage and the nuclear family are under siege, as divorce—and especially the rise of no-fault divorce—contributes centrally to that image. Aside from divorce, the chapter also looks at two related topics—legal separation and annulment—both of which act as substitutes for divorce, with one still maintaining some illusion of marriage while the other breaks it apart completely.
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.
Lawrence Stone
- Published in print:
- 1992
- Published Online:
- October 2011
- ISBN:
- 9780198202530
- eISBN:
- 9780191675386
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198202530.003.0024
- Subject:
- History, British and Irish Early Modern History
This chapter presents a case study on bigamous marriage in England, focusing on the court case Tipping v. Roberts which was decided in 1733. The case involved Robert Tipping, Sarah Roberts, and ...
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This chapter presents a case study on bigamous marriage in England, focusing on the court case Tipping v. Roberts which was decided in 1733. The case involved Robert Tipping, Sarah Roberts, and Elizabeth Hughes. Robert married Sarah in 1704 and they had several children. He left her in 1714 to marry Elizabeth. Sarah filed a suit to force Robert to settle a maintenance allowance to support herself and her children. Robert settled out of court and provided what Sarah demanded. Sarah again filed for support and this time Robert only agreed on the condition that Sarah would sign a document denouncing any further claims on Robert. This was the de facto equivalent of a divorce settlement.Less
This chapter presents a case study on bigamous marriage in England, focusing on the court case Tipping v. Roberts which was decided in 1733. The case involved Robert Tipping, Sarah Roberts, and Elizabeth Hughes. Robert married Sarah in 1704 and they had several children. He left her in 1714 to marry Elizabeth. Sarah filed a suit to force Robert to settle a maintenance allowance to support herself and her children. Robert settled out of court and provided what Sarah demanded. Sarah again filed for support and this time Robert only agreed on the condition that Sarah would sign a document denouncing any further claims on Robert. This was the de facto equivalent of a divorce settlement.
Owen Chadwick
- Published in print:
- 1983
- Published Online:
- October 2011
- ISBN:
- 9780198264453
- eISBN:
- 9780191682711
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198264453.001.0001
- Subject:
- Religion, Church History
This is a biography of Hensley Henson, one of the most controversial religious figures in England during the late nineteenth and early twentieth centuries. This book examines Henson's education at ...
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This is a biography of Hensley Henson, one of the most controversial religious figures in England during the late nineteenth and early twentieth centuries. This book examines Henson's education at Oxford University and describes the highlights of his career as pastor of Ilford and Barking Church, as canon of Westminster Abbey, and as bishop of Hereford and Durham. It explores his involvement in political issues and his controversial views on such issues as divorce, the Italian invasion of Abyssinia, and the anti-Semitic policies of Nazi Germany.Less
This is a biography of Hensley Henson, one of the most controversial religious figures in England during the late nineteenth and early twentieth centuries. This book examines Henson's education at Oxford University and describes the highlights of his career as pastor of Ilford and Barking Church, as canon of Westminster Abbey, and as bishop of Hereford and Durham. It explores his involvement in political issues and his controversial views on such issues as divorce, the Italian invasion of Abyssinia, and the anti-Semitic policies of Nazi Germany.
Jill Duerr Berrick
- Published in print:
- 1997
- Published Online:
- April 2010
- ISBN:
- 9780195113754
- eISBN:
- 9780199893546
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195113754.001.0001
- Subject:
- Social Work, Children and Families, Social Policy
Most Americans are insulated from the poor; it is hard to imagine the challenges of poverty, the daily fears of crime and victimization, the frustration of not being able to provide for a child. ...
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Most Americans are insulated from the poor; it is hard to imagine the challenges of poverty, the daily fears of crime and victimization, the frustration of not being able to provide for a child. Instead, we are often exposed to the rhetoric and hyperbole about the excesses of the American welfare system. These messages color our perception of the welfare problem in the United States and they close the American mind to a full understanding of the complexity of family poverty. But who are these poor families? What do we know about how they arrived in such desperate straits? Is poverty their fate for a lifetime or for only a brief period? Faces of Poverty answers these questions as it dispels the misconceptions and myths about welfare and the welfare population that have clouded the true picture of poverty in America. Over the course of a year, the author spent numerous hours as a participant-observer with five women and their families, documenting their daily activities, thoughts, and fears as they managed the strains of poverty. We meet Ana, Sandy, Rebecca, Darlene, and Cora, all of whom, at some point, have turned to welfare for support. Each represents a wider segment of the welfare population, ranging from Ana (who lost a business, injured her back, and temporarily lost her job, all in a short period of time) to Cora (who was raised in poverty, spent ten years in an abusive relationship, and now struggles to raise six children in a drug-infested neighborhood). As the author documents these women's experiences, she also debunks many of the myths about welfare: she reveals that welfare is not generous (welfare families remain below the poverty line, even with government assistance); that the majority of women on welfare are not long-term welfare dependents; that welfare does not run in families; that “welfare mothers” do not keep having children in order to increase their payments (women on welfare have, on average, two children); and that almost half of all women on welfare turned to it after a divorce. At a time when welfare has become a hotly debated political issue, Faces of Poverty gives us the facts. The debate surrounding welfare will continue as each of the 50 states struggles to reform their welfare programs, and this debate will turn on the public's perception of the welfare population. The author offers insight into each of the reforms under consideration, and starkly demonstrates their implications for poor women and children. She provides a window into these women's lives, portraying their hopes and fears, and their struggle to live with dignity.Less
Most Americans are insulated from the poor; it is hard to imagine the challenges of poverty, the daily fears of crime and victimization, the frustration of not being able to provide for a child. Instead, we are often exposed to the rhetoric and hyperbole about the excesses of the American welfare system. These messages color our perception of the welfare problem in the United States and they close the American mind to a full understanding of the complexity of family poverty. But who are these poor families? What do we know about how they arrived in such desperate straits? Is poverty their fate for a lifetime or for only a brief period? Faces of Poverty answers these questions as it dispels the misconceptions and myths about welfare and the welfare population that have clouded the true picture of poverty in America. Over the course of a year, the author spent numerous hours as a participant-observer with five women and their families, documenting their daily activities, thoughts, and fears as they managed the strains of poverty. We meet Ana, Sandy, Rebecca, Darlene, and Cora, all of whom, at some point, have turned to welfare for support. Each represents a wider segment of the welfare population, ranging from Ana (who lost a business, injured her back, and temporarily lost her job, all in a short period of time) to Cora (who was raised in poverty, spent ten years in an abusive relationship, and now struggles to raise six children in a drug-infested neighborhood). As the author documents these women's experiences, she also debunks many of the myths about welfare: she reveals that welfare is not generous (welfare families remain below the poverty line, even with government assistance); that the majority of women on welfare are not long-term welfare dependents; that welfare does not run in families; that “welfare mothers” do not keep having children in order to increase their payments (women on welfare have, on average, two children); and that almost half of all women on welfare turned to it after a divorce. At a time when welfare has become a hotly debated political issue, Faces of Poverty gives us the facts. The debate surrounding welfare will continue as each of the 50 states struggles to reform their welfare programs, and this debate will turn on the public's perception of the welfare population. The author offers insight into each of the reforms under consideration, and starkly demonstrates their implications for poor women and children. She provides a window into these women's lives, portraying their hopes and fears, and their struggle to live with dignity.
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/9780691149820.003.0010
- Subject:
- Law, Family Law
This chapter considers developments in the law of property division and spousal support, with some attention to such private arrangements as antenuptial agreements. The issue here is mostly about ...
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This chapter considers developments in the law of property division and spousal support, with some attention to such private arrangements as antenuptial agreements. The issue here is mostly about couples with money—though usually one or both spouses will have to do with less after the divorce. And if there is no money, there is nothing to fight over, nothing to divide. Here, the chapter asks two basic questions: who gets what right now (property division), and if either spouse should share in the other's future earnings (spousal support). The answers are far from simple. These issues are the main concern in divorce negotiation in lawyers' offices and the major time in litigation, particularly since no-fault divorce eliminated most fights about whether a marriage would dissolve.Less
This chapter considers developments in the law of property division and spousal support, with some attention to such private arrangements as antenuptial agreements. The issue here is mostly about couples with money—though usually one or both spouses will have to do with less after the divorce. And if there is no money, there is nothing to fight over, nothing to divide. Here, the chapter asks two basic questions: who gets what right now (property division), and if either spouse should share in the other's future earnings (spousal support). The answers are far from simple. These issues are the main concern in divorce negotiation in lawyers' offices and the major time in litigation, particularly since no-fault divorce eliminated most fights about whether a marriage would dissolve.
Julie Macfarlane
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199753918
- eISBN:
- 9780199949588
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199753918.001.0001
- Subject:
- Religion, Islam
There is increasing attention among policy makers and the public to the role of shari’a in everyday life for Western Muslims, raising many negative associations and public fear. In fact, the most ...
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There is increasing attention among policy makers and the public to the role of shari’a in everyday life for Western Muslims, raising many negative associations and public fear. In fact, the most common way in which North American Muslims relate to shari’a is via observance of Islamic marriage and divorce rituals. Recourse to traditional Islamic marriage—or nikah—and, to a lesser extent, religious divorce, is common among Muslims regardless of their levels of traditional observance. Based on hundreds of personal interviews, this book describes Muslim marriage and divorce processes in the West, and what they mean to North American Muslims. The picture that emerges is of an idiosyncratic and inconsistent private ordering system, dominated by imams and other community leaders, and reflecting a range of attitudes towards contemporary norms, especially changes in gender roles. While there are many criticisms—in particular from women—of pervasive assumptions regarding traditional gender roles, there are also many who attest to the significance of Islamic marriage and divorce for them as believing Muslims and as members of their cultural community. A Western shari’a challenges the intersection between state sanction and private religious and cultural practice, particularly the balance between the state’s commitment to human rights and equality and the protection of religious freedom.Less
There is increasing attention among policy makers and the public to the role of shari’a in everyday life for Western Muslims, raising many negative associations and public fear. In fact, the most common way in which North American Muslims relate to shari’a is via observance of Islamic marriage and divorce rituals. Recourse to traditional Islamic marriage—or nikah—and, to a lesser extent, religious divorce, is common among Muslims regardless of their levels of traditional observance. Based on hundreds of personal interviews, this book describes Muslim marriage and divorce processes in the West, and what they mean to North American Muslims. The picture that emerges is of an idiosyncratic and inconsistent private ordering system, dominated by imams and other community leaders, and reflecting a range of attitudes towards contemporary norms, especially changes in gender roles. While there are many criticisms—in particular from women—of pervasive assumptions regarding traditional gender roles, there are also many who attest to the significance of Islamic marriage and divorce for them as believing Muslims and as members of their cultural community. A Western shari’a challenges the intersection between state sanction and private religious and cultural practice, particularly the balance between the state’s commitment to human rights and equality and the protection of religious freedom.
Mary Lyndon Shanley
- Published in print:
- 1998
- Published Online:
- November 2003
- ISBN:
- 9780198294962
- eISBN:
- 9780191598708
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198294964.003.0019
- Subject:
- Political Science, Political Theory
US law concerning families has not tipped as unequivocally in the direction of unbridled individualism as Sandel believes, and, in any event, individualism and moral values are not diametrically ...
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US law concerning families has not tipped as unequivocally in the direction of unbridled individualism as Sandel believes, and, in any event, individualism and moral values are not diametrically opposed to one another. Because law shapes the way we conceptualize human relationships, we should make sure that “the tale told by law” reflects an understanding of the importance of communal interdependence to both individuals and society, rather than simply reflecting justice understood as the protection of individual rights. In promising wives long-term support in the event of divorce, the old marriage law provided some compensation to wives for their economic vulnerability, but it promoted an inequality in both the family and the larger society; the challenge for family law and family policy is to design measures that will allow deep affection ties to flourish while not locking some people–primarily women–into dependency. In Sandel’s eyes, the dissenters in Bowers v. Hardwick missed an opportunity to articulate the possible goods to be realized by homosexual intimacy, and in doing so impoverished political discourse, but throughout his opinion, Blackmun attempts to relate the importance to an individual of being a member of a family or an intimate association and the ability to choose to establish or enter such a relationship. The Indian Child Welfare Act of 1978 regards neither Indian infants nor their biological parents as unencumbered individuals, but rather suggests that they are embedded in a web of relationships they have not chosen, yet which in part constitute who they are and which justify particular legal stipulations regarding jurisdiction and placement in foster care and adoption cases; it also recognizes individual rights through provisions that allow for consideration of the wishes of the biological parents and of the best interests of a particular child.Less
US law concerning families has not tipped as unequivocally in the direction of unbridled individualism as Sandel believes, and, in any event, individualism and moral values are not diametrically opposed to one another. Because law shapes the way we conceptualize human relationships, we should make sure that “the tale told by law” reflects an understanding of the importance of communal interdependence to both individuals and society, rather than simply reflecting justice understood as the protection of individual rights. In promising wives long-term support in the event of divorce, the old marriage law provided some compensation to wives for their economic vulnerability, but it promoted an inequality in both the family and the larger society; the challenge for family law and family policy is to design measures that will allow deep affection ties to flourish while not locking some people–primarily women–into dependency. In Sandel’s eyes, the dissenters in Bowers v. Hardwick missed an opportunity to articulate the possible goods to be realized by homosexual intimacy, and in doing so impoverished political discourse, but throughout his opinion, Blackmun attempts to relate the importance to an individual of being a member of a family or an intimate association and the ability to choose to establish or enter such a relationship. The Indian Child Welfare Act of 1978 regards neither Indian infants nor their biological parents as unencumbered individuals, but rather suggests that they are embedded in a web of relationships they have not chosen, yet which in part constitute who they are and which justify particular legal stipulations regarding jurisdiction and placement in foster care and adoption cases; it also recognizes individual rights through provisions that allow for consideration of the wishes of the biological parents and of the best interests of a particular child.
Sanford N. Katz
- Published in print:
- 2003
- Published Online:
- January 2010
- ISBN:
- 9780199264346
- eISBN:
- 9780191718502
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199264346.001.0001
- Subject:
- Law, Family Law
For many years family law was viewed as a study of the regulation of relationships of husband and wife, and parent and child. By the close of the 20th century, basic questions about who should be ...
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For many years family law was viewed as a study of the regulation of relationships of husband and wife, and parent and child. By the close of the 20th century, basic questions about who should be officially designated a family member and by what procedure were being raised both in the legislature and in litigation. In addition, conventional models that had defined domestic relations such as marriage, divorce, and adoption were being expanded to include contemporary patterns of living arrangements. This book examines the present state of family law in America. Among its themes is the tension between individual autonomy and governmental regulation in all aspects of family law. It examines both conventional and new definitions of formal and informal domestic relationships. It analyses the extent to which relationships established before marriage are being regulated, and how marriage is being redefined to take into account equality of the sexes. It demonstrates how the definition of marriage as a partnership in which the individual spouse's rights are recognized has resulted in protection of the vulnerable spouse. It examines fault and no-fault divorce procedures and the extent to which these procedures reflect social realities. This book describes state intervention into the parent and child relationship and how this is reflected in the re-examination of the privacy of the family unit. It concludes with a discussion of the conventional model of adoption of children and how additional models are being developed to take into account new family forms.Less
For many years family law was viewed as a study of the regulation of relationships of husband and wife, and parent and child. By the close of the 20th century, basic questions about who should be officially designated a family member and by what procedure were being raised both in the legislature and in litigation. In addition, conventional models that had defined domestic relations such as marriage, divorce, and adoption were being expanded to include contemporary patterns of living arrangements. This book examines the present state of family law in America. Among its themes is the tension between individual autonomy and governmental regulation in all aspects of family law. It examines both conventional and new definitions of formal and informal domestic relationships. It analyses the extent to which relationships established before marriage are being regulated, and how marriage is being redefined to take into account equality of the sexes. It demonstrates how the definition of marriage as a partnership in which the individual spouse's rights are recognized has resulted in protection of the vulnerable spouse. It examines fault and no-fault divorce procedures and the extent to which these procedures reflect social realities. This book describes state intervention into the parent and child relationship and how this is reflected in the re-examination of the privacy of the family unit. It concludes with a discussion of the conventional model of adoption of children and how additional models are being developed to take into account new family forms.
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.
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/9780691149820.003.0011
- Subject:
- Law, Family Law
This chapter explores the rules and standards that courts are supposed to use in awarding custody, and how these rules and standards have shifted over the years. It also looks at the troubling issue ...
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This chapter explores the rules and standards that courts are supposed to use in awarding custody, and how these rules and standards have shifted over the years. It also looks at the troubling issue of child support. There are minor children in roughly half of all divorces, after all, which makes custody an issue. Typically, in such cases both parents are fit; both have a constitutionally protected interest in rearing their children, but both have also chosen to live separate lives. Neither has a superior constitutional claim, and courts simply have to apply the state standard for handling custody disputes. The chapter considers who is supposed to pay for the children left adrift after divorce and how support awards are enforced.Less
This chapter explores the rules and standards that courts are supposed to use in awarding custody, and how these rules and standards have shifted over the years. It also looks at the troubling issue of child support. There are minor children in roughly half of all divorces, after all, which makes custody an issue. Typically, in such cases both parents are fit; both have a constitutionally protected interest in rearing their children, but both have also chosen to live separate lives. Neither has a superior constitutional claim, and courts simply have to apply the state standard for handling custody disputes. The chapter considers who is supposed to pay for the children left adrift after divorce and how support awards are enforced.
Elizabeth E. Prevost
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199570744
- eISBN:
- 9780191722097
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199570744.003.0004
- Subject:
- History, World Modern History
This chapter examines the next generation of Anglican women's mission work in Madagascar through the growth of the Mothers' Union, particularly under the leadership of Gertrude King. The MU ...
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This chapter examines the next generation of Anglican women's mission work in Madagascar through the growth of the Mothers' Union, particularly under the leadership of Gertrude King. The MU supplemented women's evangelism in two ways. First, it offered a means of building a corporate Christian community that mitigated the secularist effects of French colonial policy. Second, it conceived a sacred, ritual function for motherhood in ‘high‐church’ terms that engaged both Malagasy and British religious expression and crafted a new basis for female authority in the mission church. However, the moral regulation of membership, particularly centred on divorce, exposed the limits of the MU as an inclusive, multiracial body.Less
This chapter examines the next generation of Anglican women's mission work in Madagascar through the growth of the Mothers' Union, particularly under the leadership of Gertrude King. The MU supplemented women's evangelism in two ways. First, it offered a means of building a corporate Christian community that mitigated the secularist effects of French colonial policy. Second, it conceived a sacred, ritual function for motherhood in ‘high‐church’ terms that engaged both Malagasy and British religious expression and crafted a new basis for female authority in the mission church. However, the moral regulation of membership, particularly centred on divorce, exposed the limits of the MU as an inclusive, multiracial body.
Simon Morrison
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195181678
- eISBN:
- 9780199870806
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195181678.003.0008
- Subject:
- Music, History, Western
Most of this chapter concerns the anti-formalist campaign of 1948, the corruption within Soviet musical circles that precipitated the campaign, and the official denunciation of Prokofiev, which ...
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Most of this chapter concerns the anti-formalist campaign of 1948, the corruption within Soviet musical circles that precipitated the campaign, and the official denunciation of Prokofiev, which gravely affected his health. The discussion ranges from Prokofiev's desperate efforts to improve his political standing with the operas A Story of a Real Man and Distant Seas — the former completed but barred from performance, the latter left incomplete — to his expressions of atonement for his supposed musical misdeeds. The chapter highlights the downfall of Levon Atovmyan, Prokofiev's de facto Soviet business partner, as well as his fraught relationship with Tikhon Khrennikov, the General Secretary of the Union of Soviet Composers. Prokofiev's divorce from Lina and her subsequent arrest and incarceration are documented in detail.Less
Most of this chapter concerns the anti-formalist campaign of 1948, the corruption within Soviet musical circles that precipitated the campaign, and the official denunciation of Prokofiev, which gravely affected his health. The discussion ranges from Prokofiev's desperate efforts to improve his political standing with the operas A Story of a Real Man and Distant Seas — the former completed but barred from performance, the latter left incomplete — to his expressions of atonement for his supposed musical misdeeds. The chapter highlights the downfall of Levon Atovmyan, Prokofiev's de facto Soviet business partner, as well as his fraught relationship with Tikhon Khrennikov, the General Secretary of the Union of Soviet Composers. Prokofiev's divorce from Lina and her subsequent arrest and incarceration are documented in detail.
Jana Marguerite Bennett
- Published in print:
- 2008
- Published Online:
- May 2008
- ISBN:
- 9780195315431
- eISBN:
- 9780199872022
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195315431.003.0006
- Subject:
- Religion, Theology
This chapter examines Augustine's thoughts on singleness via salvation history. Many have held, following Paul in 1 Corinthians 7, that celibacy is the better state of life for Christians, and the ...
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This chapter examines Augustine's thoughts on singleness via salvation history. Many have held, following Paul in 1 Corinthians 7, that celibacy is the better state of life for Christians, and the state of life Christ demonstrates through his own life, death, and resurrection. Celibacy thus becomes intertwined with the salvation event of redemption. Augustine follows to a point but also counters those who would see that the simple fact of being celibate makes one holy. Augustine insists that Christian life is ultimately about virtuous living; one can cultivate those virtues whether married or celibate. Furthermore, Augustine discusses states of life such as divorce, suggesting that singleness is not just one state of life but several: widows, divorcees, celibates (monks and virgins), and the unmarried all figure. This chapter concludes by using Augustine's views to consider the false contemporary dichotomy between marriage and singleness, the second dichotomy raised in chapter 1.Less
This chapter examines Augustine's thoughts on singleness via salvation history. Many have held, following Paul in 1 Corinthians 7, that celibacy is the better state of life for Christians, and the state of life Christ demonstrates through his own life, death, and resurrection. Celibacy thus becomes intertwined with the salvation event of redemption. Augustine follows to a point but also counters those who would see that the simple fact of being celibate makes one holy. Augustine insists that Christian life is ultimately about virtuous living; one can cultivate those virtues whether married or celibate. Furthermore, Augustine discusses states of life such as divorce, suggesting that singleness is not just one state of life but several: widows, divorcees, celibates (monks and virgins), and the unmarried all figure. This chapter concludes by using Augustine's views to consider the false contemporary dichotomy between marriage and singleness, the second dichotomy raised in chapter 1.
Stephen Macedo
- Published in print:
- 2015
- Published Online:
- October 2017
- ISBN:
- 9780691166483
- eISBN:
- 9781400865857
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691166483.003.0007
- Subject:
- Law, Family Law
This chapter examines a range of proposals for the reform or replacement of marriage. These marriage reform proposals range from increasing the contractual aspects of marriage, to further ...
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This chapter examines a range of proposals for the reform or replacement of marriage. These marriage reform proposals range from increasing the contractual aspects of marriage, to further distinguishing and separating the civil and religious dimensions of marriage, and introducing greater choice, personalization, and deliberate design, along with the idea of curtailing no-fault divorce and strengthening marital commitment. The chapter considers the virtues of these alternatives to marriage compared with marriage as a status relation defined in advance by law. It explains and defends the comparative advantages of an open-ended marital commitment and concludes by discussing the conditions of just marriage, which include extending greater support for caring and caregiving relationships, but argues that this should be done by building on the success of marriage rather than by eliminating it.Less
This chapter examines a range of proposals for the reform or replacement of marriage. These marriage reform proposals range from increasing the contractual aspects of marriage, to further distinguishing and separating the civil and religious dimensions of marriage, and introducing greater choice, personalization, and deliberate design, along with the idea of curtailing no-fault divorce and strengthening marital commitment. The chapter considers the virtues of these alternatives to marriage compared with marriage as a status relation defined in advance by law. It explains and defends the comparative advantages of an open-ended marital commitment and concludes by discussing the conditions of just marriage, which include extending greater support for caring and caregiving relationships, but argues that this should be done by building on the success of marriage rather than by eliminating it.
Lawrence Stone
- Published in print:
- 1990
- Published Online:
- October 2011
- ISBN:
- 9780198226512
- eISBN:
- 9780191678646
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198226512.003.0013
- Subject:
- History, British and Irish Early Modern History, Social History
This chapter traces the story of the divorce revolution from the first breach in the barrier in 1857 to the situation in 1987. As changing social mores came into conflict with resisting legislative ...
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This chapter traces the story of the divorce revolution from the first breach in the barrier in 1857 to the situation in 1987. As changing social mores came into conflict with resisting legislative conservatism and wavering religious beliefs, the end result churned out around 150,000 divorces a year by 1987. The discussion explores why divorce grew only very slowly after the Divorce Act of 1857, so that the numbers were still negligible in 1914. It also examines why, after 1914, and especially after 1960, there was an unprecedented growth in the number of divorces, accompanied by weakening moral controls over adultery by either sex.Less
This chapter traces the story of the divorce revolution from the first breach in the barrier in 1857 to the situation in 1987. As changing social mores came into conflict with resisting legislative conservatism and wavering religious beliefs, the end result churned out around 150,000 divorces a year by 1987. The discussion explores why divorce grew only very slowly after the Divorce Act of 1857, so that the numbers were still negligible in 1914. It also examines why, after 1914, and especially after 1960, there was an unprecedented growth in the number of divorces, accompanied by weakening moral controls over adultery by either sex.
Erin A. O'Hara and Larry E. Ribstein
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195312898
- eISBN:
- 9780199871025
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195312898.003.0008
- Subject:
- Political Science, American Politics
This chapter discusses the market for law relating to marriage and other family relationships. Marriage can be viewed as a kind of “standard form contract,” much like a corporation, where the parties ...
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This chapter discusses the market for law relating to marriage and other family relationships. Marriage can be viewed as a kind of “standard form contract,” much like a corporation, where the parties also contemplate a very long-term open-ended relationship. In many ways, however, marriage is quite different from corporate law because it relates to social policies that help shape the fabric of society. This chapter provides a brief history of choice of marriage law and describes how the contentious issue of same-sex marriage has compromised the place of celebration rule. It then discusses the supply and demand of state marriage law. On the demand side, couples seek new types of marriage rules. On the supply side, legislatures have been urged to accommodate same-sex relationships not only by would-be spouses, gay rights groups, and social liberals, but also by businesses wanting to attract these clients or customers to their states. This chapter also discusses the potential trend toward federal marriage rules. The chapter concludes by presenting a law market approach to divorce, as well as to other important social policy issues, including surrogacy contracts and living wills.Less
This chapter discusses the market for law relating to marriage and other family relationships. Marriage can be viewed as a kind of “standard form contract,” much like a corporation, where the parties also contemplate a very long-term open-ended relationship. In many ways, however, marriage is quite different from corporate law because it relates to social policies that help shape the fabric of society. This chapter provides a brief history of choice of marriage law and describes how the contentious issue of same-sex marriage has compromised the place of celebration rule. It then discusses the supply and demand of state marriage law. On the demand side, couples seek new types of marriage rules. On the supply side, legislatures have been urged to accommodate same-sex relationships not only by would-be spouses, gay rights groups, and social liberals, but also by businesses wanting to attract these clients or customers to their states. This chapter also discusses the potential trend toward federal marriage rules. The chapter concludes by presenting a law market approach to divorce, as well as to other important social policy issues, including surrogacy contracts and living wills.
