Author: Joel A. Nichols
Publisher:
ISBN: 9781139190107
Category : Divorce
Languages : en
Pages : 418

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Book Description
Examines whether more pluralism in family law is normatively desirable and should be affirmatively fostered.

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: Michael A. Helfand
Publisher: Cambridge University Press
ISBN: 1316033422
Category : Law
Languages : en
Pages : 363

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Book Description
Non-state law is playing an increasing role in both public and private ordering. Numerous organizations have emerged alongside the nation-state, each purporting to provide their members with rules and norms to govern their conduct and organize their affairs. The nation-state increasingly finds itself sandwiched, between two broad and contrasting categories of non-state law. The first - law above the state - captures legal systems that function across the territorial borders of nation-states. The second category - law below the state - includes forms of local customary, religious, and indigenous law. As these forms of non-state law persist and proliferate alongside the nation-state, the relationship between state and non-state law becomes more complex, multifaceted, and tense. This volume addresses this relationship considering whether and to what extent state and non-state law can coexist and how each form of law seeks to influence as well as transform the other.

Author: Daphna Hacker
Publisher: Cambridge University Press
ISBN: 1108210937
Category : Law
Languages : en
Pages : 397

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Book Description
Providing a panoramic and interdisciplinary perspective, this book explores the interrelations between globalization, borders, families and the law. It considers the role of international, multi-national and religious laws in shaping the lives of the millions of families that are affected by the opportunities and challenges created by globalization, and the ongoing resilience of national borders and cultural boundaries. Examining familial life-span stages - establishing spousal relations, raising children and being cared for in old age - Hacker demonstrates the fruitfulness in studying families beyond the borders of national family law, and highlights the relevance of immigration and citizenship law, public and private international law and other branches of law. This book provides a rich empirical description of families in our era. It is relevant not only to legal scholars and practitioners but also to scholars and students within the sociology of the family, globalization studies, border studies, immigration studies and gender studies.

Author: Jean L. Cohen
Publisher: Columbia University Press
ISBN: 0231540736
Category : Religion
Languages : en
Pages : 465

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Book Description
Polarization between political religionists and militant secularists on both sides of the Atlantic is on the rise. Critically engaging with traditional secularism and religious accommodationism, this collection introduces a constitutional secularism that robustly meets contemporary challenges. It identifies which connections between religion and the state are compatible with the liberal, republican, and democratic principles of constitutional democracy and assesses the success of their implementation in the birthplace of political secularism: the United States and Western Europe. Approaching this issue from philosophical, legal, historical, political, and sociological perspectives, the contributors wage a thorough defense of their project's theoretical and institutional legitimacy. Their work brings fresh insight to debates over the balance of human rights and religious freedom, the proper definition of a nonestablishment norm, and the relationship between sovereignty and legal pluralism. They discuss the genealogy of and tensions involving international legal rights to religious freedom, religious symbols in public spaces, religious arguments in public debates, the jurisdiction of religious authorities in personal law, and the dilemmas of religious accommodation in national constitutions and public policy when it violates international human rights agreements or liberal-democratic principles. If we profoundly rethink the concepts of religion and secularism, these thinkers argue, a principled adjudication of competing claims becomes possible.

Author: Jonathan Herring
Publisher: Bloomsbury Publishing
ISBN: 1509958622
Category : Law
Languages : en
Pages : 493

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Book Description
This textbook is an ambitious and engaging introduction to the more advanced writings on family law, primarily designed to allow students to 'get under the skin' of the topic and begin to build their critical thinking and analysis skills. Each chapter is structured around key questions and debates that provoke deeper thought and, ultimately, a clearer understanding. The aim of the book is therefore not to present a complete overview of theoretical issues in family law, but rather to illustrate the current debates which are currently going on among those working in shaping the area. The text features summaries of the views of notable experts on key topics and each chapter ends with a list of guided further reading.

Author: Lisa Fishbayn Joffe
Publisher: UPNE
ISBN: 1611683270
Category : Law
Languages : en
Pages : 346

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Book Description
Groundbreaking theoretical and legal approaches to resolving conflicts between gender equality and cultural practices

Author: Michael J. Broyde
Publisher: Oxford University Press
ISBN: 0190640294
Category : Law
Languages : en
Pages : 320

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Book Description
This book explores the rise of private arbitration in religious and other values-oriented communities, and it argues that secular societies should use secular legal frameworks to facilitate, enforce, and also regulate religious arbitration. It covers the history of religious arbitration; the kinds of faith-based dispute resolution models currently in use; how the law should perceive them; and what the role of religious arbitration in the United States and the western world should be. Part One examines why religious individuals and communities are increasingly turning to private faith-based dispute resolution to arbitrate their litigious disputes. It focuses on why religious communities feel disenfranchised from secular law, and particularly secular family law. Part Two looks at why American law is so comfortable with faith-based arbitration, given its penchant for enabling parties to order their relationships and resolve their disputes using norms and values that are often different from and sometimes opposed to secular standards. Part Three weighs the proper procedural, jurisdictional, and contractual limits of arbitration generally, and of religious arbitration particularly. It identifies and explains the reasonable limitations on religious arbitration. Part Four examines whether secular societies should facilitate effective, legally enforceable religious dispute resolution, and it argues that religious arbitration is not only good for the religious community itself, but that having many different avenues for faith-based arbitration which are properly limited is good for any vibrant pluralistic democracy inhabited by diverse faith groups.

Author: Nelia Hyndman-Rizk
Publisher: Rowman & Littlefield
ISBN: 1498522750
Category : Political Science
Languages : en
Pages : 171

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Book Description
Thirty years after the end of the civil war, Lebanese women are still struggling for gender equality. This study builds on recent scholarship on women’s activism in the Arab world, in the context of the Arab Spring. It examines how discourses of secularism and equal civil rights have informed the contemporary Lebanese women’s movement in their campaigns for a domestic violence law, women’s nationality rights, a women’s quota in parliament, the reform of personal status law and the recognition of civil marriage. This book argues that women are caught between sect and nation, due to Lebanon’s plural legal system, which makes a division between religious and civil law. While both jurisdictions allocate women relational rights, guided by the logic of patrilineal descent, women’s inequality is central to the reproduction of sectarian difference and patriarchal control within the confessional political system, as a whole.

Author: John Witte, Jr.
Publisher: Cambridge University Press
ISBN: 1107184754
Category : Law
Languages : en
Pages : 457

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Book Description
Presents a robust defence of the essential place of stable marital families in modern liberal societies.