Text, Cases and Materials
Author: Alison Diduck,Felicity Kaganas
Publisher: Bloomsbury Publishing
The third edition of this work on family law, comprising text, cases and materials, provides not only an explication of legal principle but also explores, primarily from a feminist perspective, some of the assumptions about, and constructions of, gender, sexual orientation, class and culture that underlie the law. It examines the ideology of the family and, in particular, the role of the law in contributing to and reproducing that ideology. Structured around the themes of equality, welfare, and family privacy, the book aims to offer the benefits of a textbook while also giving students a wide-ranging set of materials for classroom discussion. As well as providing a firm grounding in family law, the text sets the law in its social and historical context and encourages a critical approach by students to the subject. It provides an ideal introduction to family law for undergraduates, but will be equally helpful for postgraduate students of family law for whom it provides a challenging selection of materials set within a theoretical framework rich in ideas and arguments. Review of the second edition: 'Diduck and Kaganas examine legal developments to shed light on society, principally by investigating the ways in which family law constructs and regulates family life and responsibilities. Theirs is an important and ambitious book that aims ultimately at a feminist restatement of family law. .... [T]he [book] is written and referenced in such depth that it is a useful resource for legal as well as social science researchers at all levels, whether looking for theoretical inspiration or drawing up a literature review. The range of diverse sources that Diduck and Kaganas draw on is impressive: they seem to have included every bit of material that helps feminists make sense of family law. There is a well-pitched selection of further reading of such material at the end of each chapter. What's more, they undersell themselves by describing their book as "Text, Cases and Materials", because they have woven by far the largest proportion of the cases and materials into the text.' Helen Reece, Times Higher Education, May 2007. Reviews of first edition: 'A stimulating work which attempts to situate family law in its social, historical and political context. Its appeal should not be confined to family law students, as its commitment to a critical and analytical approach offers insights and ideas with broader significance.' Mary Childs, Child and Family Law Quarterly, September 2002 'The arguments are provocative, the analysis is stimulating and the materials amassed strongly support the authors' aim to question the "axiomatic status of what is traditionally designated as the family".' Fiona E Raitt, Infant and Child Development, September 2002 'It is not often that one can say of a textbook in Law that it "makes interesting reading" with quite the enthusiasm that can be expressed for this text. This new publication offers something that few textbooks seem to offer - a book you CAN open up virtually anywhere and find an interesting piece on almost any aspect of the broad family law spectrum.' Penny Booth, The Law Teacher, September 2002 'All the major themes in feminist and constructionist perspectives in family law are presented together with a wealth of readings and extensive references. As a teaching manual, it is excellent - a coherent feminist perspective across the entire range of family law' Marty Slaughter, Feminist Legal Studies, July 2003
Author: Beverley Clough,Jonathan Herring
This book explores the intersecting issues relating the phenomenon of ageing to gender and family law. The latter has tended to focus mainly on family life in young and middle age; and, indeed, the issues of childhood and parenting are key in many family law texts. Family life for older members has, then, been largely neglected; addressing this neglect, the current volume explores how the issues which might be important for younger people are not necessarily the same as those for older people. The significance of family, the nature of family life, and the understanding of self in terms of one’s relationships, tend to change over the life course. For example, the state may play an increasing role in the lives of older people – as access to services, involvement in work and the community, the ability to live independently, and to form or maintain caring relationships, are all impacted by law and policy. This collection therefore challenges the standard models of family life and family law that have been developed within a child/parent-centred paradigm, and which may require rethinking in the turn to family life in old age. Interdisciplinary in its scope and orientation, this book will appeal not just to academic family lawyers and students interested in issues around family law, ageing, gender, and care; but also to sociologists and ethicists working in these areas.
Essays on the ‘Man’ of Law
Author: Richard Collier
What does it mean to speak of ‘men’ as a gender category in relation to law? How does law relate to masculinities? This book presents the first comprehensive overview and critical assessment of the relationship between men, law and gender; outlining the contours of the ‘man’ of law across diverse areas of legal and social policy. Written in a theoretically informed, yet accessible style, Men, Law and Gender provides an introduction to the study of law and masculinities whilst calling for a richer, more nuanced conceptual framework in which men’s legal practices and subjectivities might be approached. Building on recent sociological work concerned with the relational nature of gender and personal life, Richard Collier argues that social, cultural and economic changes have reshaped ideas about men and masculinities in ways that have significant implications for law. Bringing together voices and disciplines that are rarely considered together, he explores the way ideas about men have been contested and politicised in the legal arena. Including original empirical studies of male lawyers, the legal profession and fathers’ rights and law reform, alongside discussions of university law schools and legal academics, and family policy and parenting cultures, this innovative, timely and important text provides a unique and important insight into the relationship between law, men and masculinities. It will be required reading for academics and students in law and legal theory, socio-legal studies, gender studies, sociology and social policy, as well as policy-makers and others concerned with the changing nature of gender relations.
Author: Elizabeth Dore,Maxine Molyneux
Publisher: Duke University Press
DIVCollection of essays which compares the gendered aspects of state formation in Latin Ameri can nations and includes new material arising out of recent feminist work in history, political science and sociology./div
Author: Julie Wallbank,Jonathan Herring
While in the past family life was characterised as a "haven from the harsh realities of life", it is now recognised as a site of vulnerabilities and a place where care work can go unacknowledged and be a source of social and economic hardship. This book addresses the strong relationships that exist between vulnerability and care and dependency in particular contexts, where family law and social policy have a contribution to make. A fundamental premise of this collection is that vulnerability needs to be analysed in a way that gets at the heart of the differential power relationships that exist in society, particularly in respect of access to family justice, including effective social policy and law targeted at the specific needs of families in mutually dependent caring relationships. It is therefore crucial to critically examine the various approaches taken by policy makers and law reformers in order to understand the range of ways that some families, and some family members, may be rendered more vulnerable than others. The first book of its kind to provide an intersectional approach to this subject, Vulnerabilities, Care and Family Law will be of interest to students and practitioners of social policy and family law.
Author: Julie Wallbank,Shazia Choudhry,Jonathan Herring
There has been a widespread resurgence of rights talk in social and legal discourses pertaining to the regulation of family life, as well as an increase in the use of rights in family law cases, in the UK, the US, Canada and Australia. Rights, Gender and Family Law addresses the implications of these developments – and, in particular, the impact of rights-based approaches upon the idea of welfare and its practical application. There are now many areas of family law in which rights and welfare based approaches have been forced together. But whilst, to many, they are premised upon different ethics – respectively, of justice and of care – for others, they can nevertheless be reconciled. In this respect, a central concern is the 'gender-blind' character of rights-based approaches, and the ontological and practical consequences of their employment in the gendered context of the family. Rights, Gender and Family Law explores the tensions between rights-based and welfare-based approaches: explaining their differences and connections; considering whether, if at all, they are reconcilable; and addressing the extent to which they can advantage or disadvantage the interests of women, children and men. It may be that rights-based discourses will dominate family law, at least in the way that social policy and legislation respond to calls of equality of rights between mothers and fathers. This collection, however, argues that rights cannot be given centre-stage without thinking through the ramifications for gendered power-relations, and the welfare of children. It will be of interest to researchers and scholars working in the fields of family law, gender studies and social welfare.
Author: Yüksel Sezgin
Publisher: LIT Verlag Münster
Category: Social Science
Human Rights and Legal Pluralism opens with an article on how to integrate human rights into customary and religious legal systems. It then offers a special study of the issue in a "tribal" women's forum in South Rajastan, India; in customary justice in post-conflict Sierra Leone; in indigenous justice systems in Latin America; and in deep legal pluralism in South Africa. (Series: The Journal of Legal Pluralism and Unofficial Law - Vol. 60)
Cultural Accommodation, Legal Pluralism, and Gender Equality in India
Author: Gopika Solanki
Publisher: Cambridge University Press
This book argues that the shared adjudication model in which the state splits its adjudicative authority with religious groups and other societal sources in the regulation of marriage can potentially balance cultural rights and gender equality. In this model the civic and religious sources of legal authority construct, transmit and communicate heterogeneous notions of the conjugal family, gender relations and religious membership within the interstices of state and society. In so doing, they fracture the homogenized religious identities grounded in hierarchical gender relations within the conjugal family. The shared adjudication model facilitates diversity as it allows the construction of hybrid religious identities, creates fissures in ossified group boundaries and provides institutional spaces for ongoing intersocietal dialogue. This pluralized legal sphere, governed by ideologically diverse legal actors, can thus increase gender equality and individual and collective legal mobilization by women effects institutional change.
Author: Anthony Bradney
Law and Faith in a Sceptical Age is an analysis of the legal position of religious believers in a dominantly secular society. Great Britain is a society based upon broadly liberal principles. It claims to recognise the needs of religious believers and to protect them from discrimination. But whilst its secular ideology pervades public discourse, the vestigial remains of a Christian, Protestant past are seen in things as varied as the structure of public holidays and the continued existence of established churches in both England and Scotland. Religious, Christian values also form the starting point for legal rules relating to matters such as marriage. Active religious communities constitute a very small minority of the population; however, those who belong to them often see their religion as being the most important element of their identity. Yet the world-view of these communities is frequently at odds with both the prevailing liberal, secular climate of Great Britain and its Christian, Anglican past. This necessarily entails a clash of ideologies that puts in question the secular majority's claim to want to protect religious minorities, the possibility of it being able to sufficiently understand the needs of those minorities and the desirability or practicality of any accommodation between the needs of the various religious communities and the secular mainstream of society. Law and Faith in a Sceptical Age addresses these issues by raising the question of whether a liberal, secular state can protect religion. Accommodation to different religious traditions forms part of the history of the legal systems of Britain. This book asks whether further accommodation can and should be made.
Justice and Ethics in the Islamic Legal Tradition
Author: Ziba Mir-Hosseini,Kari Vogt,Lena Larsen,Christian Moe
Category: Social Science
Dante is one of the towering figures of medieval European literature. Yet many riddles and questions about him persist. By re-reading Dante with an open mind, Barbara Reynolds made remarkable discoveries and unlocked previously hidden secrets about this greatest of Florentine poets. A fundamental enigma has tantalised readers of the 'Commedia' for seven centuries. Who was the leader prophesied by Virgil and Beatrice to bring peace to the world? Many attempts have been made to identify him, but none has seemed conclusive - until now. As well as proposing a solution to the famous prophecies, this lively, engaging and elegantly-written biography contains a provocative new idea in virtually every chapter. _x000D_ _x000D_ Dr Reynolds' research indicates that Dante smoked cannabis to reach new heights of creativity. That Beatrice, Dante's great love, was not who most scholars think she was. That Dante was a talented public speaker, who created a quite new form of poetic art, holding audiences spellbound. Above all, Reynolds views Dante as one of the greatest spin-doctors of Western civilization. His aim was not to preach an interesting parable about punishments for sin and rewards for virtue. It was to use poetry to change the politics of the age, and unite Europe around the secular authority of an Emperor. To promote this idea, which dominated his writings from his exile onwards, Dante combined it with a dramatic presentation of the Christian belief in Hell, Purgatory and Heaven. Vividly told in the first person, with a colour and immediacy derived from the pop art of street narrators - now made to seem respectable by its use of classical predecessors like Virgil - this extraordinary journey through the three realms was always profoundly political in intent. _x000D_ _x000D_ Dante here comes alive as never before: irate, opinionated, settling scores - a man of mutifaceted gifts and extraordinary genius, whose role as an interpreter of world history makes him more than ever relevant to the new millennium.
Public Policy Dilemmas
Author: Sohrab Behdad,Farhad Nomani
Category: Political Science
This is a new examination of how Shari’a law affects public policy both theoretically and in practice, across a wide range of public policy areas, including for example human rights and family law. The process by which public policy is decided - through elections, debates, political processes, and political discourse - has an additional dimension in the Islamic world. This is because Shari'a (divine law) has a great deal to say on many mundane matters of everyday life and must be taken into account in matters of public policy. In addition, matters are complicated further by the fact that there are differing interpretations of the Shari'a and how it should be applied to contemporary social issues. Written by leading experts in their field, this is the first comprehensive single volume analysis of Islam and public policy in the English language and offers further understanding of Islam and its wider social and political implications.
A Legal History of U.S. Women
Author: Joan Hoff
Publisher: NYU Press
In this widely acclaimed landmark study, Joan Hoff illustrates how women remain second- class citizens under the current legal system and questions whether the continued pursuit of equality based on a one-size-fits-all vision of traditional individual rights is really what will most improve conditions for women in America as they prepare for the twenty-first century. Concluding that equality based on liberal male ideology is no longer an adequate framework for improving women's legal status, Hoff's highly original and incisive volume calls for a demystification of legal doctrine and a reinterpretation of legal texts (including the Constitution) to create a feminist jurisprudence.
Child Support Policy in the United States
Author: Jyl J. Josephson
Publisher: Rowman & Littlefield
Category: Political Science
In recent years, the area of pharmacotherapy of GI inflammation has witnessed important progress, with new drugs and therapeutic approaches being introduced. The volume reviews the pharmacotherapy of selected gastrointestinal inflammatory conditions chosen on the basis of their clinical importance and/or the areas where important and exciting progress has been maderecently. Besides discussing current pharmacotherapy to treat the most important GI inflammation conditions, the book also indicates possible future therapeutic avenues likely to become available in a few years. The book is of interest to various sectors of the scientific community ranging from clinicians to pharmacologists and from biochemists to microbiologists, who will find it a useful tool for their clinical practice and research activity.
Author: Kenneth M. Cuno
Publisher: Syracuse University Press
Category: Social Science
The essays in this collection examine issues of gender, family, and law in the Middle East and South Asia. In particular, the authors address the impact of colonialism on law, family, and gender relations; the role of religious politics in writing family law and the implications for gender relations; and the tension between international standards emerging from UN conferences and conventions and various nationalist projects. Employing the frame of globalization, the authors highlight how local and global forces interact and influence the experience and actions of people who engage with the law. By virtue of a "south-south" comparison of two quite similar and culturally linked regions, contributors avoid positing "the West" as a modern telos. Drawing upon the fields of anthropology, history, sociology, and law, this volume offers a wide-ranging exploration of the complicated history of jurisprudence with regard to family and gender.
Uniform Civil Code and Gender Equality
Author: Archana Parashar
Publisher: Sage Publications Pvt. Limited
The Constitution of India guarantees equality as a fundamental right. This, however, remains only at the level of theory as the various religious personal laws in force in the country and followed by different communities deny equality to women in personal matters. This inequitous contradiction is the subject of this pioneering study. Dr. Parashar argues that the concept of religious personal law was created by colonial administrators and has been maintained by independent India since, in a religiously plural society, it helps the State’s end of governance. The author traces the legislative conduct of the State and demonstrates that it has adopted discrepant policies with respect to the different religious personal laws. While Hindu personal law has been extensively reformed, the other personal laws have been left largely untouched. As a result, Hindu women have gained new rights, though not complete equality, while women of the minority communities continue to suffer inequalities. The author critically examines the arguments used by the State to reform, or refrain from reforming, religious personal laws. This analysis establishes conclusively that the State has acted in an inconsistent manner, and that its decisions are not governed by considerations of equality and gender justice but primarily by political factors. The author concludes that the only way to sever the connection between religious and civil rights is to adopt a secular and uniform civil code which should be non-optional. Dr. Parashar also highlights the inadequacies of the various feminist analyses of the nature of law and suggests that any discussion of the nature of the State must incorporate the significance of religion as a political factor. This major study will interest lawyers, legal activists, feminists and all those fighting to end gender discrimination.
Abortion, Divorce, and the Family Under Latin American Dictatorships and Democracies
Author: Mala Htun
Publisher: Cambridge University Press
Category: Family & Relationships
As Argentina, Brazil, and Chile made transitions from democratic to authoritarian forms of government (and back), they confronted challenges posed by the rise of the feminist movement, social changes, and the power of the Catholic Church. This study explores the patterns of gender-related policy reform in these countries and reveals their implications for the peoples of Latin America. In addition, it offers a broader understanding of the logic behind the state's role in affecting private lives and gender relations everywhere.
Author: Victor H. Matthews,Bernard M. Levinson,Tikva Frymer-Kensky
Publisher: A&C Black
This striking new contribution to gender studies demonstrates the essential role of Israelite and Near East law in the historical analysis of gender. The theme of these studies of Babylonian, Hittite, Assyrian, and Israelite law is this: What is the significance of gender in the formulation of ancient law and custom? Feminist scholarship is enriched by these studies in family history and the status of women in antiquity. At the same time, conventional legal history is repositioned, as new and classical texts are interpreted from the vantage point of feminist theory and social history. Papers from SBL Biblical Law Section form the core of this collection.
Author: Scott Coltrane
Publisher: Rowman & Littlefield
Category: Social Science
Gender and Families uses images from popular culture and events from everyday lives to explore how families and gender are mutually produced and inseparably linked. Author Scott Coltrane teaches gender in an accessible and compelling manner to a wide array of students by weaving discussions of racial differences, ethnicity, and social class into every chapter. Coltrane also includes women and men as both topic and audience in the central chapters of the book. Ideal for use in a gender course, or as a supplement in family, introductory sociology, or social inequality classes.