Family Law, Sex and Society

Family Law, Sex and Society PDF Author: Peter De Cruz
Publisher: Routledge
ISBN: 1134999992
Category : Family & Relationships
Languages : en
Pages : 416

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.

Family Law Sex and Society

Family Law Sex and Society PDF Author: Richard De Neufville
Publisher: Routledge
ISBN: 9781845680718
Category :
Languages : en
Pages : 250

Book Description
The themes of Family Law straddle continents regardless of international borders and legal jurisdictions. Using a comparative framework this book provides critical exposition of the key areas within Family Law exploring the evolution and development of these themes in their historical, cultural, political and legal context. Divided into four parts the text examines the development of English family law, in particular the recent focus on children's rights, property relations and domestic violence, before examining selected common law and civil law jurisdictions. The common law in Australia, New Zealand, some Far Eastern countries and selected American jurisdictions are examined alongside civil law jurisdictions such as France, Germany and Sweden. Finally, a former socialist country, the Russian Federation, is examined as an example of a hybrid jurisdiction, in order to provide a critical, comparative overview of the common issues in Family law. With cross-referencing to English law to the earlier parts of the book, this text is ideal for those seeking a truly comparative analysis of family law. Particular attention is paid to the position of unmarried fathers, the legal position of unmarried cohabitants, the legal approach to same sex couples and the State. The relevance and effect of the Human Rights Act 1998 on English family law is also considered.

Law, Sex, and Christian Society in Medieval Europe

Law, Sex, and Christian Society in Medieval Europe PDF Author: James A. Brundage
Publisher: University of Chicago Press
ISBN: 0226077896
Category : Law
Languages : en
Pages : 714

Book Description
This monumental study of medieval law and sexual conduct explores the origin and develpment of the Christian church's sex law and the systems of belief upon which that law rested. Focusing on the Church's own legal system of canon law, James A. Brundage offers a comprehensive history of legal doctrines–covering the millennium from A.D. 500 to 1500–concerning a wide variety of sexual behavior, including marital sex, adultery, homosexuality, concubinage, prostitution, masturbation, and incest. His survey makes strikingly clear how the system of sexual control in a world we have half-forgotten has shaped the world in which we live today. The regulation of marriage and divorce as we know it today, together with the outlawing of bigamy and polygamy and the imposition of criminal sanctions on such activities as sodomy, fellatio, cunnilingus, and bestiality, are all based in large measure upon ideas and beliefs about sexual morality that became law in Christian Europe in the Middle Ages. "Brundage's book is consistently learned, enormously useful, and frequently entertaining. It is the best we have on the relationships between theological norms, legal principles, and sexual practice."—Peter Iver Kaufman, Church History

Sex, Law, and Society in Late Imperial China

Sex, Law, and Society in Late Imperial China PDF Author: Matthew Harvey Sommer
Publisher: Stanford University Press
ISBN: 0804745595
Category : Social Science
Languages : en
Pages : 868

Book Description
This study of the regulation of sexuality in the Qing dynasty explores the social context for sexual behavior criminalized by the state, showing how regulation shifted away from status to a new regime of gender that mandated a uniform standard of sexual morality and criminal liability for all people, regardless of their social status.

Twins and Deviance

Twins and Deviance PDF Author: Carmen M. Cusack
Publisher: Cambridge Scholars Publishing
ISBN: 1443899046
Category : Law
Languages : en
Pages : 180

Book Description
This book draws on nearly one thousand cases and anecdotes about twins bending and breaking rules in order to fulfill or flout tenets of twinhood. Society’s unwillingness to contextualize mores and policies to suit twins may perpetuate controversy and law-breaking. Twins and Deviance shows how twins’ allegedly sacred bond violates conventions beginning at conception. Throughout their lives, they may be victimized, tortured, and neglected specifically because of their bond. Twins have lives that matter – their bond is not static or unconditional, it may be fluent and emotional. The book paints a picture of twin individuals whose lives relate to contemporary readers’ and audiences’ lives because they are weird, eccentric, ritualized, fetishized, pornographized, criminalized, and chastised by society; but what is especially interesting about twins is that society has institutionalized controversial practices and traditions sometimes implicitly or explicitly demanding that twinhood be realized or dishonored so that twins comply with social norms and expectations. Offering a truculent, unpretentious, and straightforward representation of contemporary society, Twins and Deviance does not defend or defy society’s strange, niche, and shaded view of twins. Rather, it artfully and sensitively depicts twins as historically and presently seeming like gods, heroes, renegades, saviors, mutations, terrorists, gangs, and betrayers; and skillfully discusses twins’ bodies to elucidate their individuality, decode their correspondence, and explore analytical tributaries new to sociocultural research. Using vivid examples, Twins and Deviance postulates that twins intrigue and entrance singletons because they deviate from norms, embody principles of duality, fulfill self-reflexive fantasies, and symbolize eternal life and the afterlife. The value of twins and twinhood to singletons is evident in psychoanalysis, reflections, religion and mythology, words, and politics; and yet, this is the only book to bring to light the immense depth of this captivating insight. Twins and Deviance challenges and improves previous research by collecting new topics to retool twins and deviance discussions. As such, it is a must-read for students, professors, and audiences engaging in gender, justice, sexuality, legal, and cultural studies, and all researchers conducting twin studies.

Law in Society: Reflections on Children, Family, Culture and Philosophy

Law in Society: Reflections on Children, Family, Culture and Philosophy PDF Author: Alison Diduck
Publisher: BRILL
ISBN: 9004261494
Category : Law
Languages : en
Pages : 685

Book Description
This collection, written by legal scholars from around the world, offers insights into a variety of topics from children’s rights to criminal law, jurisprudence, medical ethics and more. Its breadth reflects the fact that these are all elements of what can broadly be called ‘law and society’, that enterprise that is interested in law’s place or influence in diffferent aspects of real lives and understands law to be simultaneously symbol, philosophy and action. It also testament to the broad range of vision of Professor Michael Freeman, in whose honour the volume was conceived. The contributions are divided into categories which reflect his distinguished career and publications, over 85 books and countless articles, including pioneering work on children’s rights, domestic violence, religious law, jurisprudence, law and culture, family law and medicine, ethics and the law, as well as his enduring commitment to interdisciplinarity.

Family Law in a Changing America

Family Law in a Changing America PDF Author: Douglas NeJaime
Publisher: Aspen Publishing
ISBN: 154381591X
Category : Law
Languages : en
Pages : 1152

Book Description
Family Law in a Changing America is a new casebook that highlights law and family patterns as they are now, not as they were decades ago. By focusing on key changes in family life, the casebook attends to rising equality and inequality within and among families. The law, formally at least, accords more equality and autonomy than ever before, having repudiated hierarchies based on race, gender, and sexuality. Yet, as our society has grown more economically unequal, so too have family patterns diverged—with marriage and marital child-rearing becoming a mark of privilege. A number of developments—mass incarceration, the privatization of care, and reproductive technologies—have also contributed to disparities based on race, class, and gender. The casebook reflects the law’s continuing emphasis on marriage, but also treats nonmarital families as central. Rather than privilege the marital heterosexual family, the casebook organizes the presentation of the law around 1) adult relationships and 2) parent-child relationships. Professors and students will benefit from: Text that includes dramatic changes in family patterns in contemporary society, including: declining marriage rates, with differential rates based on race and class; increasing rates of nonmarital cohabitation and nonmarital parenting; the use of assisted reproduction and its challenge to biological understandings of parentage; tensions between women’s increasing education and employment and the perseverance of the gendered division of labor in families; the inclusion of same-sex couples in marriage and parenthood An approach that decenters the marital heterosexual family and instead is structured around the general topics of adult relationships and parent-child relationships Focus on the scope of family law, including extensive coverage of crucial sites of family regulation, such as the child welfare system, that are traditionally neglected Emphasis on multiple modes of legal interpretation (common law, constitutional, statutory) and multiple actors in the legal system (judges, legislators, lawyers, experts, social workers) Practical problems and exercises, often based on actual cases or events, that illuminate the gaps, tensions, and implications of existing doctrine; some of the problems include postscripts explaining how the issue was resolved by a court or legislature An approach that draws on more recent cases and cutting-edge issues and that includes extensive coverage of assisted reproduction (including IVF, surrogacy, and gamete donation), parentage (including intentional parenthood, functional parenthood, and multi-parent arrangements), adoption, child welfare, and family support

Fundamentals of Family Law

Fundamentals of Family Law PDF Author: J. Shoshanna Ehrlich
Publisher: Aspen Publishing
ISBN: 1543815987
Category : Law
Languages : en
Pages : 680

Book Description
J. Shoshanna Ehrlich’s Fundamentals of Family Law, Second Edition is a concise version of Ehrlich’s Family Law for Paralegals, developed for use in shorter paralegal courses. The Fundamentals version provides students with the knowledge and skills they will need to be effective paralegals in a busy family law practice. Without sacrificing intellectual integrity and depth of topical coverage, the text is streamlined in order to emphasize the material that is essential for the transition from classroom to office. New to the Second Edition: Marriage (Ch. 1) includes new sections on: The retroactive application of Obergefell v. Hodges to backdate marriages of same-sex couple to when they would have married had it been allowed The debate over whether merchants can refuse to provide wedding-related services and goods to same-sex couples based on religious objections Whether the marriage consent age should be raised to protect minors from being forced into marriage against their will. Domestic Violence (Ch. 3) now covers: The use of electronic monitoring in domestic violence cases The possibility of allowing minors who are being forced into marriage to obtain civil orders of protection. Children coverage expanded to include: In Chapter 5, new sections on the appointment of attorneys to represent children in contested custody disputes and considerations of parental disability in best interest determinations In Chapter 11, new section on same-sex couples and the establishment of legal parenthood In Chapter 12, consideration of the emergence of medical child abuse and forced marriage as new categories of harm; expanded definitions of abuse and neglect, including medical child abuse and forced child marriage; and new section on “legal orphans” and the reinstatement of parental rights. Economic Issues updated with: New section in Chapter 6 on the due process rights of low-income parents in civil contempt cases for non-payment of child support. Chapter 7 expanded to include the backlash against “permanent” spousal support awards and the tax treatment of spousal support payments. Coverage of virtual assets in Chapter 8 Professors and students will benefit from: The full range of family law topics in a more concise format—including marriage and divorce, non-marital families, child abuse and neglect, and same sex marriage Practice-based assignments, real-life examples and sample forms Clear pedagogy--including chapter summaries, key terms defined in the margins, and review and discussion questions--helps students better understand the material and develop their critical thinking and writing skills. Up-to-date coverage of all the key topics in family law, with a consistent focus on the work of the paralegal

Understanding Law in a Changing Society

Understanding Law in a Changing Society PDF Author: Bruce E. Altschuler
Publisher: Routledge
ISBN: 1317264487
Category : Social Science
Languages : en
Pages : 560

Book Description
To most Americans, the law-especially noncriminal law-is a mystery that only someone with a law degree can solve. Understanding Law in a Changing Society renders the complexity of law at a level that everyone can understand. The book walks readers through the structure of the legal system, different divisions of civil law, and the core concepts and distinctions that underlie contemporary legal thought. It also provides insight into the way law and social change affect one another. With this revised and updated third edition, the authors have incorporated an updated preface and a new introduction; outlined a "How to Brief a Case" section; included new case studies, readings, and "You be the Judge" features for selected chapters; and for the first time added a glossary of legal terms and key websites to the book. Important developments in judicial selection, the state secrets doctrine, and family law (including same sex marriage, child custody, and unwed fathers' rights) are highlighted.

Family Law in America

Family Law in America PDF Author: Sanford N. Katz
Publisher: Oxford University Press
ISBN: 0199878196
Category : Law
Languages : en
Pages : 295

Book Description
For many years family law was viewed as a study of the regulation of relationships of husband and wife and parent and child. Both relationships were clearly defined. In the case of husband and wife, it was through formal legal procedures or informal arrangements called marriage. In the case of parent and child it was either through biology or adoption. Equally defined were the stages by which these relationships were established, maintained, and terminated. By the close of the twentieth 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 either being expanded to include contemporary patterns of living arrangements and the current reality or new models were being constructed. In Family Law in America, Professor Sanford N. Katz examines the present state of family law in America. Themes include the tension between individual autonomy and governmental regulation in all aspects of family law, 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 and examines fault and no-fault divorce procedures and the extent to which these procedures reflect social realities. This volume describes state intervention into the parent and child relationship and how this is reflected in the reexamination 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.