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The UN Convention on the Rights of the Child is the most widely ratified human rights treaty in the world, yet everyday children still face poverty, violence, war, disease and disaster. Are the rights we currently afford to children enough? Combining historical analysis with international human rights law, Michael Freeman considers early legal and philosophical theories on children's rights before exploring the impact and limitations of the Convention itself. He also suggests ways that we may rethink children's rights in the future as well as identifying key areas for reform. This book will appeal to an interdisciplinary audience who are interested in children's rights, children's studies, the history of childhood, international human rights, and comparative family law. It is a crucial restatement of the importance of law, policy and rights in improving children's lives.
This book is written for academics, students, policymakers, practitioners, and non-governmental organisations interested in the legal recognition of LGBT+ parenting. The book presents arguments in favour of the legal recognition of gay and lesbian families that are based on consideration of the best interests of the child. In this context, 'best interests' is informed by reference to children's rights and to social science data. Applied in this manner, it is argued that the best interests of children can be used to demand that same-sex parenting arrangements are afforded legal recognition and protection. Suggestions are also presented as to the most appropriate manner of providing for this recognition in the areas of parental responsibility, adoption, donor-conception and surrogacy. These suggestions are drawn from comparative case studies, focusing on England and Wales, Ireland and South Africa, that are used to facilitate assessment of the best interests principle.
This book promotes a relational understanding of the self. It explores how law can be transformed by focusing on the promotion and protection of caring relationships, rather than individual rights. This offers a radical and profound re-imagining of what law is about and what it should be trying to do. It moves from the theoretical into offering practical examples of how the law could be developed to enhance relationships, rather than undermine them.
The International Society of Family Law is an independent, international, and non-political scholarly association dedicated to the study, research and discussion of family law and related disciplines. The Society's membership currently includes professors, lecturers, scholars, teachers, and researchers from more than 50 different countries, offering a unique opportunity for networking within a truly international family law community. The International Survey of Family Law is the annual review of the International Society of Family Law. It brings together reliable and clearly structured insights into the latest and most notable developments in family law from all around the globe. Chapters are prepared by an international team of selected experts in the field, usually covering 20 or more jurisdictions in each edition. Margaret Brinig is the Fritz Duda Family Chair in Law and Fellow at the University of Notre Dame. She is an elected member of the American Law Institute and part of the Executive Council of the International Society of Family Law.
This volume contains the contributions delivered at CEFL's sixth international conference, which focused on comparative and international family law in Europe in their respective cultural contexts. Inter alia in this book CEFL experts and other legal scholars address the CEFL and its Principles, the interrelation of family law and family sociology, family migration, children's and women's fundamental rights, as well as the developing concept of parenthood, the role of children in family proceedings, extra-judicial divorces and ADR in family matters. While the development of modern trends in European family law is going on, some new challenges arise and old challenges remain. The awareness of more plurality and diversity in family relationships is increasing. Both pose problems. New legal solutions have to be integrated into the existing family law system. On the other hand, there are tensions between modern fundamental values and traditional religious solutions. For both a deeper analysis is necessary. The conference, and in turn the book, aims to enhance the exchange of ideas and arguments on comparative and international family law in Europe.
The last few decades have witnessed dramatic changes affecting the institutions of family and parenthood. If, in the past, the classic family was defined sociologically as a pair of heterosexual parents living together under one roof along with their children, different sociological changes have led to a rapid and extreme transformation in the definitions of family, marital relations, parenthood, and the relationship between parents and children. Dr Yehezkel Margalit explores whether and to what extent there is room, legally and ethically, for the use of modern contractual devices and doctrines to privately regulate the establishment of legal parentage. This book offers intentional parenthood as the most appropriate and flexible normative doctrine for resolving the dilemmas which have surfaced in the field of determining legal parentage. By using the certainty of contract law, determining the legal status of parenthood will be seen as the best method to sort out ambiguities and assure both parental and children rights.
This book defends the fundamental place of the marital family in modern liberal societies. While applauding modern sexual freedoms, John Witte, Jr also defends the traditional Western teaching that the marital family is an essential cradle of conscience, chrysalis of care, and cornerstone of ordered liberty. He thus urges churches, states, and other social institutions to protect and promote the marital family. He encourages reticent churches to embrace the rights of women and children, as Christians have long taught, and encourages modern states to promote responsible sexual freedom and family relations, as liberals have long said. He counsels modern churches and states to share in family law governance, and to resist recent efforts to privatize, abolish, or radically expand the marital family sphere. Witte also invites fellow citizens to end their bitter battles over same-sex marriage and tend to the vast family field that urgently needs concerted attention and action.
As the only area of law that is still commonly termed 'Islamic law', family law is one of the most sensitive and controversial legal areas in all Muslim-majority countries. Morocco and Jordan both issued new family codes in the 2000s, but there are a number of differences in the ways these two states engaged in reform. These include how the reform was carried out, the content of the new family codes, and the way the new laws are applied. Based on extensive fieldwork and rich in sources, this book examines why these two ostensibly similar semi-authoritarian regimes varied so significantly in their engagement with family law. Dörthe Engelcke demonstrates that the structure of the legal systems, shaped by colonial policies, had an effect on how reform processes were carried out as well as the content and the application of family law.
Families and family law have encountered significant challenges in the face of rapid changes in social norms, demographics and political expectations. The Cambridge Companion to Comparative Family Law highlights the key questions and themes that have faced family lawyers across the world. Each chapter is written by internationally renowned academic experts and focuses on which of these themes are most significant to their jurisdictions. In taking this jurisdictional approach, the collection will explore how different countries have tackled these issues. As a result, the collection is aimed at students, practitioners and academics across a variety of disciplines interested in the key issues faced by family law around the world and how they have been addressed.
The International Society of Family Law is an independent, international, and non-political scholarly association dedicated to the study, research and discussion of family law and related disciplines. The Society’s membership currently includes professors, lecturers, scholars, teachers, and researchers from more than 50 different countries, offering a unique opportunity for networking within a truly international family law community.The International Survey of Family Law is the annual review of the International Society of Family Law. It brings together reliable and clearly structured insights into the latest and most notable developments in family law from all around the globe. Chapters are prepared by an international team of selected experts in the field, usually covering 20 or more jurisdictions in each edition.The 2018 edition addresses highly topical matters ranging from assisted reproductive technology and sterilisation to end-of-life issues and estate settlement. The authors explore legislative changes, common law developments and challenges of integrating customary law or multiple religious legal systems into pluralistic societies. It brings together established and highly regarded academics and judges, as well as emerging scholars.Margaret Brinig is the Fritz Duda Family Chair in Law and Fellow at the University of Notre Dame. She is an elected member of the American Law Institute and part of the Executive Council of the International Society of Family Law.
Pre-modern Muslim jurists drew a clear distinction between the nurturing and upkeep of children, or 'custody', and caring for the child's education, discipline, and property, known as 'guardianship'. Here, Ahmed Fekry Ibrahim analyzes how these two concepts relate to the welfare of the child, and traces the development of an Islamic child welfare jurisprudence akin to the Euro-American concept of the best interests of the child, enshrined in the Convention on the Rights of the Child (CRC). Challenging Euro-American exceptionalism, he argues that child welfare played an essential role in agreements designed by early modern Egyptian judges and families, and that Egyptian child custody laws underwent radical transformations in the modern period. Focusing on a variety of themes, including matters of age and gender, the mother's marital status, and the custodian's lifestyle and religious affiliation, Ibrahim shows that there is an exaggerated gap between the modern concept of the best interests of the child and pre-modern Egyptian approaches to child welfare.
Professor Nigel Lowe is the leading expert in international family law, with a world-wide reputation for his work in child law, international family relocation and child abduction. His career, spanning more than 40 years, has produced a huge body of literature and is internationally influential and of particular importance within Europe. A collaborative effort by members of the judiciary, practitioners and fellow academics from both the United Kingdom and other jurisdictions International and National Perspectives on Child and Family Law is a recognition of the impact of his work. It covers key issues in international child and family law including those in which Professor Lowe's work has been particularly influential, namely adoption, wardship, parental responsibility, children's rights, international family relocation and the 1980 Hague Convention on International Child Abduction. International and transnational family law has been a developing field of study and a growing area of legal practice over recent years. At a time of great international change and with the complications and implications of Brexit, this book covers many of the key issues in family law today and provides the reader with an exploration of possible future developments in the field. GILLIAN DOUGLAS is Professor of Law and Executive Dean of the Dickson Poon School of Law, King's College London. She is a Fellow of the British Academy, the Learned Society of Wales and the Academy of Social Sciences. She is a co-editor of the Child and Family Law Quarterly and a case reports editor for the Family Law journal. MERVYN MURCH CBE is Emeritus Professor in Cardiff University's School of Law and Politics. For over 40 years he has undertaken socio-legal family law research associated with social policy and law reform. VICTORIA STEPHENS is a freelance legal researcher, currently working for the Hague Conference on Private International Law. She also works as a project manager at the international NGO, IREX Europe, and has previously worked for the UK Cabinet Office, Department of Health and the Law Commission of England and Wales.
Like many beliefs, religious views matter across an individual's life and the life cycle of a family - from birth to marriage, through child-rearing, and, eventually, death. This volume examines clashes over religious liberty within the personal realm of the family. Against swirling religious beliefs, secular values, and legal regulation, this volume offers a forward-looking examination of tensions between religious freedom and the state's protective function. Contributors unpack some of the Court's recent decisions and explain how they set the stage for ongoing disputes. They evaluate religious claims around birth control, circumcision, modesty, religious education, marriage, polygamy, shared parenting, corporal punishment, faith healing, divorce, and the end of life. Authors span legislators, attorneys, academics, journalists, ministers, physicians, child advocates, and representatives of minority faiths. The Contested Place of Religion in Family Law begins an overdue conversation on questions dividing the nation.
The well-being of children should be a social priority, and should consider the family circumstances into which children are born. Putting Children's Interests First in US Family Law and Policy: With Power Comes Responsibility details the rise of a federal policy of 'sexual expressionism', which prioritizes adults' interests over children's welfare. It describes the costs to children in the areas of family structure and stability, and the federal programs attempting to ameliorate the situation of non-marital children. Offering a detailed empirical and ethical critique both of 'sexual expressionism' and of the related federal programs, this study will be of interest to scholars and activists supporting children, women and the poor.
Law and Policy in Modern Family Finance - Property Division in the 21st Century adopts a conceptual approach to address key questions about the legal division of property when a marriage, civil union, de facto relationship, or other close personal relationship ends. These questions include: which relationships should be subject to a statutory regime; which property should be shared; whether property held on trust should be included; how property should be shared; how economic disparity caused by the division of functions within the relationship should be addressed, if at all; whether, and if so to what extent, the interests of children of the relationship should be considered; whether parties should be allowed to contract out of a statutory regime and, if so, whether such contracts should be binding; and whether death should be treated in the same way as relationship break-down.The authors use New Zealand's current legislative framework as a basis for critical analysis and reflection. Despite New Zealand's Property (Relationships) Act 1976 being hailed as socially progressive legislation when it was enacted, there is concern in New Zealand that its property sharing regime no longer meets society's needs and expectations. However, issues of fairness, equality, and modern complexities in the division of relationship property are not unique to New Zealand. Other jurisdictions are facing similar problems, including Australia, England and some continental European countries.The inclusion of internationally recognised relationship property experts from England, Australia and Germany ensures the utility of the book for international audiences, making it of interest to law reformers, academics, the judiciary, the legal profession, and law students everywhere in the world.
Women's voices are brought to the fore in this comprehensive analysis of women and social change in North Africa. Focusing on grass-roots perspectives, readers will gain a rare glimpse into how both the intentional and unintentional actions of men and women contribute to societal transformation. Most chapters are based on extensive field work that illuminates the real-life experiences, advocacy, and agency of women in the region. The book considers frequently less studied issues including migration, legal changes, oral and written law, Islamic feminism, and grass-roots activism. It also looks at the effectiveness of shelters for abused women and the changes that occurred in the wake of the 2011 Arab uprisings, as well as challenging conventional notions of feminist agency by examining Salafi women's life choices. Recommended for students and scholars, as well as international development professionals with an interest in the MENA region.
Traditional Jewish family law has persevered for hundreds of years and rules covering marriage, the raising of children, and divorce are well established; yet pressures from modern society are causing long held views to be re-examined. The Jewish Family: Between Family Law and Contract Law examines the tenets of Jewish family law in the light of new attitudes concerning the role of women, assisted reproduction technologies, and prenuptial agreements. Through interdisciplinary research combining the legal aspects of family law and contract law, it explores how the Jewish family can cope with both old and modern obstacles and challenges. Focusing on the nexus of Jewish family law and contract law to propose how 'freedom of contract' can be part of how family law can be interpreted, The Jewish Family will appeal to practitioners, activists, academic researchers, and laymen readers who are interested in the fields of law, theology, and social science.
The Western tradition has always cherished the family as an essential foundation of a just and orderly society, and thus accorded it special legal and religious protection. Christianity embraced this teaching from the start, and many of the basics of Western family law were shaped by the Christian theologies of nature, sacrament, and covenant. This volume introduces readers to the enduring and evolving Christian norms and teachings on betrothals and weddings; marriage and divorce; women's and children's rights; marital property and inheritance; and human sexuality and intimate relationships. The chapters are authoritatively written but accessible to college and graduate students and scholars, as well as clergy and laity. While alert to the hot button issues of sexual liberty today, the contributing authors let the historical figures speak for themselves about what Christianity has and can contribute to the protection and guidance of our most intimate association.
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.
The Family in Law provides a jurisprudential analysis of current family law, connecting doctrinal discourse with sociological, historical and economic analyses of the institution of family. The law's focus on the nuclear family as the default model is central to the book's discourse, which contains in-depth discussions of the key areas of family law - marriage, divorce, children and property matters. Written for Australian legal actors - whether students, academics or professionals - readers are encouraged to question current frameworks, critique well-known cases and make informed conclusions on whether changes could be made to engender a fairer and more equitable society. In developing doctrinal analysis within a theoretical framework, The Family in Law challenges the conventional boundaries of family law, providing readers with both a solid foundation and a multi-layered perspective to their understanding of the topic.