The Comparative Law of Marriage and Divorce PDF Download

Author: William Burge
Publisher:
ISBN:
Category : Divorce
Languages : en
Pages : 1360

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Author: Joel A. Nichols
Publisher: Cambridge University Press
ISBN: 1139503979
Category : Law
Languages : en
Pages : 417

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Book Description
American family law makes two key assumptions: first, that the civil state possesses sole authority over marriage and divorce; and second, that the civil law may contain only one regulatory regime for such matters. These assumptions run counter to the multicultural and religiously plural nature of our society. This book elaborates how those assumptions are descriptively incorrect, and it begins an important conversation about whether more pluralism in family law is normatively desirable. For example, may couples rely upon religious tribunals (Jewish, Muslim, or otherwise) to decide family law disputes? May couples opt into stricter divorce rules, either through premarital contracts or 'covenant marriages'? How should the state respond? Intentionally interdisciplinary and international in scope, this volume contains contributions from fourteen leading scholars. The authors address the provocative question of whether the state must consider sharing its jurisdictional authority with other groups in family law.

Author: Antony W. Dnes
Publisher: Cambridge University Press
ISBN: 9780521006323
Category : Business & Economics
Languages : en
Pages : 246

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Book Description
What sort of contract is marriage? What does it offer the parties? What are the difficulties of enforcement, and the result of failed effective enforcement? This book takes an economic approach to marriage and divorce, considering the key role of incentives in family law: it highlights the possible adverse consequences emanating from faulty legal design, while demonstrating that good family law should provide incentives for consistent and honest behavior. Economists, specialists in the economic analysis of law, and academic lawyers discuss recent advances in specialist work on marriage, cohabitation, and divorce. Chapters are grouped around four topics: the contractual perspectives on marriage commitment; the regulatory framework surrounding divorce; bargaining and commitment issues relating to marriage and near-marriage arrangements; and finally empirical work, which focuses on the impact of more liberal divorce laws. This important new study will be of considerable interest to lawyers, policy-makers and economists concerned with family law.

Author: Frederic René Coudert
Publisher:
ISBN:
Category : Divorce
Languages : en
Pages : 126

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Author: Susan M. Weiss
Publisher: UPNE
ISBN: 1611683653
Category : Religion
Languages : en
Pages : 242

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Book Description
A comprehensive look at how rabbinical courts control Israeli marriage and divorce

Author: Mary Ann Glendon
Publisher: Harvard University Press
ISBN: 9780674001619
Category : Law
Languages : en
Pages : 218

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Book Description
This book is about two subjects which have been discussed extensively and these are abortion and divorce. The Author shows both side of argument, demand for abortion and no abortion at all.

Author: Peter De Cruz
Publisher: Routledge
ISBN: 1134999984
Category : Family & Relationships
Languages : en
Pages : 560

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

Author: John Witte (Jr.)
Publisher: Wm. B. Eerdmans Publishing
ISBN: 9780802829931
Category : Religion
Languages : en
Pages : 362

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Book Description
Covenant marriages requiring premarital counseling and tighter strictures on divorce have recently emerged in some American states. At the same time, the doctrine of covenant has reemerged in religious circles as a common way to map the spiritual dimensions of marriage. Covenant Marriage in Comparative Perspective brings together eminent scholars from Jewish, Orthodox, Catholic, Protestant, and Islamic religious traditions as well as experts on American covenant marriage. The introduction carries out an unprecedented comparison of contract and covenant in Jewish, Christian, and Muslim understandings of marriage. The rest of the book elucidates various facets of marriage from the perspectives of both jurisprudence and religion, producing an enlightening integrated picture of the legal and spiritual dimensions of marriage.

Author: Jens M Scherpe
Publisher: Bloomsbury Publishing
ISBN: 1847318851
Category : Law
Languages : en
Pages : 532

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Book Description
This book deals with a subject that has recently been the focus of debate and law reform in many jurisdictions: how much scope should spouses have to conclude agreements concerning their financial affairs - and under what circumstances should such agreements be binding and enforceable? These marital agreements include pre-nuptial, post-nuptial and separation agreements. The book is the result of a British Academy-funded research project which investigated and compared the relevant law of England and Wales, Australia, Austria, Belgium, France, Germany, Ireland, the Netherlands, New Zealand, Scotland, Singapore, Spain, Sweden and the jurisdictions of the United States. In addition to chapters on these jurisdictions, the book includes a chapter on the 'English practitioner's view'. It also provides a comparative analysis of the different matrimonial property regimes and the rules on marital agreements that explores underlying themes and principlesand makes recommendations for regulating marital agreements. A key theme is the function and effect of marital agreements in the different jurisdictions. Thus, each chapter first explains the underlying 'default' rules for ancillary relief/matrimonial property and maintenance. It then analyses the current rules for marital agreements, and gives a brief account of the private international law rules. The book provides a comprehensive source of reference on ancillary relief/matrimonial property and maintenance and the rules on pre-nuptial, post-nuptial and separation agreements in 14 jurisdictions. It offers guidance for academics and practitioners dealing with international matters, and a basis for discussions on law reform. 'I applaud the vision and perseverance of Jens Scherpe in having conceived this book and, with so much distinguished help, in now bringing it to birth. I will be using it for many years and I warmly invite my fellow family lawyers across the world to do likewise.' Foreword by The Rt Hon Lord Wilson of Culworth, Justice of the Supreme Court of the United Kingdom This title is included in Bloomsbury Professional's Family Law online service.

Author: Iris Sportel
Publisher: Springer
ISBN: 3319340093
Category : Social Science
Languages : en
Pages : 275

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Book Description
This book uniquely focuses on the role of family law in transnational marriages. The author demonstrates how family law is of critical importance in understanding transnational family life. Based on extensive field research in Morocco, Egypt and the Netherlands, the book examines how, during marriage and divorce, transnational families deal with the interactions of two different legal systems. Sportel studies the interactions of European and Islamic family law, addressing its interconnections with migration and everyday life, within the context of highly politicised debates on gender, Islam, migration and the family. The book will be of interest to scholars and students of family sociology, migration and diaspora studies, transnational families, family law, and sociology of law.