Search Results: rights-gender-and-family-law

Rights, Gender and Family Law

Author: Julie Wallbank,Shazia Choudhry,Jonathan Herring

Publisher: Routledge

ISBN: 1135262020

Category: Law

Page: 304

View: 3418

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.

Gender, Religion, and Family Law

Theorizing Conflicts Between Women's Rights and Cultural Traditions

Author: Lisa Fishbayn Joffe,Sylvia Neil

Publisher: UPNE

ISBN: 1611683270

Category: Law

Page: 308

View: 719

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

Gender and Justice in Family Law Disputes

Women, Mediation, and Religious Arbitration

Author: Samia Bano

Publisher: Brandeis University Press

ISBN: 1512600369

Category: Law

Page: 304

View: 2371

Recently, new methods of dispute resolution in matters of family law-such as arbitration, mediation, and conciliation-have created new forms of legal culture that affect minority communities throughout the world. There are now multiple ways of obtaining restitution through nontraditional alternative dispute resolution (ADR) mechanisms. For some, the emergence of ADRs can be understood as part of a broader liberal response to the challenges presented by the settlement of migrant communities in Western liberal democracies. Questions of rights are framed as "multicultural challenges" that give rise to important issues relating to power, authority, agency, and choice. Underpinning these debates are questions about the doctrine and practice of secularism, citizenship, belonging, and identity. Gender and Justice in Family Law Disputes offers insights into how women's autonomy and personal decision-making capabilities are expressed via multiple formal and nonformal dispute-resolution mechanisms, and as part of their social and legal lived realities. It analyzes the specific ways in which both mediation and religious arbitration take shape in contemporary and comparative family law across jurisdictions. Demarcating lines between contemporary family mediation and new forms of religious arbitration, Bano illuminates the complexities of these processes across multiple national contexts.

Great Debates in Family Law

Author: Jonathan Herring,Rebecca Probert,Stephen Gilmore

Publisher: Macmillan International Higher Education

ISBN: 1137481587

Category: Law

Page: 296

View: 9565

An engaging introduction to the more advanced writings on family law, designed to provide the additional insights necessary to excel in the study of the subject.

Landmark Cases in Family Law

Author: Stephen Gilmore,Jonathan Herring,Rebecca Probert

Publisher: Bloomsbury Publishing

ISBN: 1847317871

Category: Law

Page: 330

View: 6908

There are a number of important (landmark) cases in the development of Family Law in England and Wales that deserve detailed examination and lend themselves particularly well to historical examination. Family law cases tend to raise highly controversial issues, often on striking facts, frequently provoking wider social debate and/or extensive publicity. Consequently, the landmark cases chosen for this collection provide considerable scope, not only for doctrinal analysis and explanation of the importance and impact of the decisions, but also for in-depth examination of the social or policy developments that influenced them. The stories behind the cases provide a fascinating insight into the complexities of family life and the drama that can be found in the family courts. In recent years, Family Law has seen enormous changes in law's engagement with the notion of 'family', with the enactment, for example, of the Civil Partnership Act 2004, the Gender Recognition Act 2004 and, more recently, the Human Fertilisation and Embryology Act 2008. As we begin to move forward into the new millennium, this is an excellent time to engage in detailed analyses and 'stock-taking' of the landmark decisions, many of which were decided in the 1970s, and which have shaped modern Family Law. This book provides a series of in-depth studies of the key leading cases, and will be of interest to students and lecturers alike.

Muslim Women and Shari'ah Councils

Transcending the Boundaries of Community and Law

Author: S. Bano

Publisher: Springer

ISBN: 1137283858

Category: Political Science

Page: 329

View: 4972

Using original empirical data and critiquing existing research, Samia Bano explores the experience of British Muslim woman who use Shari'ah councils to resolve marital disputes. She challenges the language of community rights and claims for legal autonomy in matters of family law showing how law and community can empower as well as restrict women.

Family Law in Contemporary Iran

Women's Rights Activism and Shari'a

Author: Marianne Boe

Publisher: I.B.Tauris

ISBN: 1780769008

Category: Political Science

Page: 288

View: 2182

Taking up the issue of women’s status in a modern context, Marianne Bøe offers a nuanced view of how women’s rights activists assert their positions within an Islamic context. Passed into law over a decade before the Revolution, the Family Protection Law quickly drew the ire of the conservative clergy and the Ayatollah Khomeini in 1979. In fact, it was one of the first laws to be rescinded following the revolution. The law was hardly a surprising target, however, since women's status in Iran was then - and continues now to be - a central concern of Iranian political leaders, media commentators, and international observers alike. Through fieldwork and novel analysis, Boe undermines both the traditional view of 'Islamic Feminism' as monolithic and clears a path to a new understanding of the role of women's rights activists in shaping and synthesizing debates on the shari'a, women's rights and family law.

Women and Family Law Reform in India

Uniform Civil Code and Gender Equality

Author: Archana Parashar

Publisher: Sage Publications Pvt. Limited

ISBN: 9352808304

Category: Law

Page: 348

View: 3284

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.

Women and Family Law

Connecting the Public and the Private

Author: Patricia McGee Crotty

Publisher: Peter Lang Pub Incorporated

ISBN: 9780820438047

Category: Performing Arts

Page: 170

View: 5980

This book traces the intellectual history of twentieth-century dance theory from its dependence on aesthetics for its model of conceptualization to its emergence as an autonomous field, primarily dependent on dance practice and experience. This history is traced through the analysis of writing on dance by dance theorists Elizabeth Selden, Margaret H'Doubler, John Martin, Rudolf Laban and aestheticians Suzanne K. Langer, R.G. Collingwood, Nelson Goodman, and eleven other aestheticians who discussed dance in their aesthetic analyses of the arts. The analysis is organized by the author's Framework of Topics Intrinsic to Dance Theory, which was inductively derived from all the writings and the author's extensive experience in dance.

Gender and Equality in Muslim Family Law

Justice and Ethics in the Islamic Legal Process

Author: Ziba Mir-Hosseini

Publisher: I.B.Tauris

ISBN: 1848859228

Category: History

Page: 279

View: 2686

Islamic family law has an immediate and direct impact on the lives of Muslim men, women and children, whose personal status continues to be defined by understandings of Islamic law codified and adapted by modern nation-states. This book examines how male authority is sustained through law and court practice, the consequences for women and the family, and the demands made by Muslim women's groups. Examining the construction of male guardianship (qiwama, wilaya) in the Islamic tradition, it also seeks to create an argument for women's full equality before the law. Bringing together renowned Muslim scholars and experts, anthropologists who have carried out fieldwork in family courts, and human rights and women's rights activists from different parts of the Muslim world, from Morocco to Egypt and Iran, this book develops a framework for rethinking Islamic Law and its traditions in ways that reflect contemporary realities and understandings of justice and gender rights.

Women and Muslim Family Laws in Arab States

A Comparative Overview of Textual Development and Advocacy

Author: Lynn Welchman

Publisher: Amsterdam University Press

ISBN: 905356974X

Category: Social Science

Page: 254

View: 7543

A number of Arab states have recently either codified Muslim family law for the first time, or have issued amendments or new laws which significantly impact the statutory rights of women as wives, mothers and daughters. In Women and Muslim Family Laws in Arab States Lynn Welchman examines women's rights in Muslim family laws in Arab states across the Middle East while also surveying the public debates surrounding the issues. The author considers these new laws alongside older statutes to comment on the patterns and dynamics of change both in the texts of the laws, and in the processes through by which they are drafted and issued. She draws on original legal texts and explanatory statements as well as on extensive secondary literature particular to certain states for an insight into practice, and on; interventions by women's rights organizations and other parties to the debate in the press and in advocacy materials. The discussions are set in the contemporary global context that 'internationalises' the domestic and regional debates.The book considers laws in states from the Gulf to North Africa in regard to their approaches to issues of codification processes and issues of and of registration, capacity and guardianship in marriage, polygyny, the marital relationship, divorce and child custody. -- Publisher description.

Gender and Law

Women's Rights in Agriculture

Author: Lorenzo Cotula

Publisher: Food & Agriculture Org.

ISBN: 9789251055632

Category: Technology & Engineering

Page: 184

View: 7059

Women constitute a large portion of the economically active population engaged in agriculture. International instruments on human rights, the environment and sustainable development reaffirm the principle of non-discrimination on the basis of sex or gender. Yet women often face gendered obstacles in realizing their rights and feeding their families. The right to an adequate standard of living, including adequate food, may thus not be fulfilled. These obstacles may stem from directly or indirectly discriminatory norms or from entrenched socio-cultural practices, or both. This study analyses the gender dimension of agriculture-related legislation in a selection of different countries around the world, examining the legal status of women in three key areas: rights to land and other natural resources; rights of women agricultural workers; and rights concerning women's agricultural self-employment activities, ranging from women's status in rural cooperatives to their access to credit, training and extension services.

Family Law, Gender and the State

Text, Cases and Materials

Author: Alison Diduck,Felicity Kaganas

Publisher: Bloomsbury Publishing

ISBN: 1847318932

Category: Law

Page: 870

View: 3269

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

Debating Sharia

Islam, Gender Politics, and Family Law Arbitration

Author: Anna Korteweg,Jennifer Selby

Publisher: University of Toronto Press

ISBN: 1442694424

Category: Social Science

Page: 384

View: 5751

When the Islamic Institute of Civil Justice announced it would begin offering Sharia-based services in Ontario, a subsequent provincial government review gave qualified support for religious arbitration. However, the ensuing debate inflamed the passions of a wide range of Muslim and non-Muslim groups, garnered worldwide attention, and led to a ban on religiously based family law arbitration in the province. Debating Sharia sheds light on how Ontario's Sharia debate of 2003-2006 exemplified contemporary concerns regarding religiosity in the public sphere and the place of Islam in Western nation states. Focusing on the legal ramifications of Sharia law in the context of rapidly changing Western liberal democracies, Debating Sharia approaches the issue from a variety of methodological perspectives, including policy and media analysis, fieldwork, feminist examinations of the portrayals of Muslim women, and theoretical examinations of religion, Sharia, and the law. This volume is an important read for those who grapple with ethnic and religio-cultural diversity while remaining committed to religious freedom and women's equality.

Women's Rights and Islamic Family Law

Perspectives on Reform

Author: Lynn Welchman

Publisher: Zed Books

ISBN: 9781842770955

Category: Religion

Page: 300

View: 1956

The family is where legal rules presented as part of the Islamic shari`a are most widely applied in the Muslim world. This connection, often differently elaborated by particular social constituencies, can present difficulties to the advocates of law reform. At the same time, the resonance of the issues at which advocacy is targeted creates an opportunity for creative exchange in addressing practical strategies for change. This volume explores the present-day realities of Islamic family law, with particular emphasis on the rights of women, and focusing on law in its living social context as reflected in public opinion and personal experience.Three contrasting country cases have been selected: * Egypt, with a majority Muslim population, the most populous Arab state with a tradition of regional leadership in matters legal, and a constitutional clause on the place of 'principles of the shari`a' as the principal source of legislation * The West Bank and Gaza, also with a majority Muslim population, but with no sovereign power and no national legislation on the issue -- family law here having become a contested site between different visions of national identity in the process of trying to build a Palestinian state* The United States of America, where some in the minority Muslim communities seek to regulate their family relations in accordance with 'principles of the shari`a' within the context of the domestic legal framework of a non-Muslim state applying civil law requirements to all family matters A concluding study ranges further afield in order to explore the challenges and potential of 'principles of shari`a' in advocacy on the question of violence against women. This book makes possible a detailed examination of possibilities of, and constraints on, legal reform in the area of Islamic family law in specific contemporary contexts.

Routledge Handbook of Family Law and Policy

Author: John Eekelaar,Rob George

Publisher: Routledge

ISBN: 1134447531

Category: Law

Page: 442

View: 7827

Changes in family structures, demographics, social attitudes and economic policies over the last sixty years have had a large impact on family lives and correspondingly on family law. This book provides global perspectives on the policy challenges facing family law and policy round the world. The chapters apply legal, sociological, demographic and social work research to explore the most significant issues that have been commanding the attention of family law policy-makers in recent years. Featuring contributions from a range of renowned global experts, the book draws on multiple jurisdictions and offers comparative analysis across a range of countries. The book addresses a range of issues including: the role of the state in supporting families and protecting the vulnerable children’s rights and parental authority sexual orientation and gender in family law the status of marriage and other forms of adult relationships divorce and separation and their consequences the relationship between civil law and the law of minority groups assisted conception movement of family members between jurisdictions This advanced level reference work will be essential reading for students, researchers and scholars of family law and social policy as well as policy makers in the field.

Encyclopedia of Women and Islamic Cultures

Family, Law and Politics

Author: Suad Joseph,Afsāna Naǧmābādī

Publisher: BRILL

ISBN: 9004128182

Category: Social Science

Page: 837

View: 5623

Family, Law and Politics, Volume II of the Encyclopedia of Women & Islamic Cultures, brings together over 360 entries on women, family, law, politics, and Islamic cultures around the world.

Reclaiming the Nation

Muslim Women and the Law in India

Author: Vrinda Narain

Publisher: University of Toronto Press

ISBN: 0802092780

Category: Law

Page: 213

View: 3448

Living in pluralist India has had critical consequences for Muslim women who are expected to follow a determined and strict code of conduct. The impact of this contradiction is most evident in the continuing denial of gender equality within the family, as state regulation of gender roles in the private sphere ultimately affects the status of women in the public sphere. Reclaiming the Nation examines the relationship between gender and nation in post-colonial India through the lens of marginalized Muslim women. Drawing on feminist legal theory, postcolonial feminist theory, and critical race theory, Vrinda Narain explores the idea of citizenship as a potential vehicle for the emancipation of Muslim women. Citizenship, Narain argues, opens the possibility for Indian women to reclaim a sense of selfhood free from imposed identities. In promoting the hybridity of culture and the modernity of tradition, Narain shows how oppositional categories such as public versus private, Muslim versus feminist, and Western versus Indian have been used to deny women equal rights. A timely account of the struggle for liberation within a restrictive religious framework, Reclaiming the Nation is an insightful look at gender, nationhood, and the power of self-determination.

Law and Global Health

Current Legal Issues

Author: Michael Freeman,Sarah Hawkes,Belinda Bennett

Publisher: OUP Oxford

ISBN: 0191003468

Category: Political Science

Page: 600

View: 9708

Current Legal Issues, like its sister volume Current Legal Problems (now available in journal format), is based upon an annual colloquium held at University College London. Each year leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloquium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice. Law and Global Health, the sixteenth volume in the Current Legal Issues series, offers an insight into the scholarship examining the relationship between global health and the law. Covering a wide range of areas from all over the world, articles in the volume look at areas of human rights, vulnerable populations, ethical issues, legal responses and governance.

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