Normativity and Diversity in Family Law

Normativity and Diversity in Family Law
Title Normativity and Diversity in Family Law PDF eBook
Author Nadjma Yassari
Publisher Springer Nature
Pages 375
Release 2021-11-21
Genre Law
ISBN 303083106X

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With regard to family law, this volume examines claims based on cultural tradition, ethnic background, custom, religious affiliation and sexual orientation, as well as various other “claims” that are not officially recognized in state law, in 15 jurisdictions around the world. The country reports seek to determine whether these claims represent a challenge to family law as conceived by the state, and if so, how these challenges are being managed. The focus lies on the interaction between (i) claims and traditions raising minority-related and diversity-related issues and (ii) the state as the addressee of these demands for accommodation. The reports identify specific instances and situations that have proven (and in many cases still are) particularly difficult to resolve. They force decision-makers to engage in a delicate balancing act between different, often clashing interests.

Research Handbook on Family Property and the Law

Research Handbook on Family Property and the Law
Title Research Handbook on Family Property and the Law PDF eBook
Author Margaret Briggs
Publisher Edward Elgar Publishing
Pages 533
Release 2024-06-05
Genre Law
ISBN 1802204687

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This pivotal Research Handbook analyses the interconnectedness of family property and the law through historical, contemporary, comparative and jurisdiction-specific lenses. Authors analyse some of the most well-known, contested and politicised legal developments in the field of family property law.

Introduction to Comparative Law

Introduction to Comparative Law
Title Introduction to Comparative Law PDF eBook
Author Jaakko Husa
Publisher Bloomsbury Publishing
Pages 311
Release 2023-05-18
Genre Law
ISBN 1509963588

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'A delightful and fresh approach to the comparative study of law.' (Jans Smits, Maastricht University, the Netherlands) (of the first edition). This textbook presents a clear and thought-provoking introduction to the study of comparative law. The book provides students with in-depth analyses of the major global comparative methodologies and theories. Written in a lively style, it leads the student through debates in comparative legal scholarship, both in the Western world and in the lesser studied jurisdictions, beyond Europe and North America. The second edition includes a revised structure to help the student understand the subject, an updated introductory chapter, and new material on legal transplants and globalisation. It also explores allied disciplines, including linguistics, history, and post-colonial studies giving students full context of the subject.

Religious Accommodation and its Limits

Religious Accommodation and its Limits
Title Religious Accommodation and its Limits PDF eBook
Author Farrah Raza
Publisher Bloomsbury Publishing
Pages 249
Release 2023-04-20
Genre Political Science
ISBN 1509937129

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On what grounds should religious accommodation claims be limited? When do religious claims harm the autonomy of others? This book proposes an original model of religious accommodation which can be applied in secular liberal democracies where religious diversity has been a hotly contested issue. Addressing the complex question of limitations to the right to Freedom of Religion or Belief and how these limitations might be determined, it examines how religious claims can harm the autonomy of others and emphasises the need for an appropriate balancing of competing interests. Drawing on a range of case study examples from jurisdictions including the US, Canada, the European Court of Human Rights, the European Union's Court of Justice, the UK, Germany and France, this is a timely contribution to the debate on how a legal duty or policy approach in favour of religious accommodation can be applied in practice. Moreover, the proposed model offers criteria that may be used to guide the implementation of equality and diversity policies in contexts such as employment and education. The book will be of interest to academics, legal practitioners and policy-makers in the field.

From Normativity to Responsibility

From Normativity to Responsibility
Title From Normativity to Responsibility PDF eBook
Author Joseph Raz
Publisher Oxford University Press
Pages 290
Release 2011-12-08
Genre Philosophy
ISBN 0199693811

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What are our duties or rights? How should we act? What are we responsible for? Joseph Raz examines the philosophical issues underlying these everyday questions. He explores the nature of normativity--the reasoning behind certain beliefs and emotions about how we should behave--and offers a novel account of responsibility.

Philosophical Foundations of Children's and Family Law

Philosophical Foundations of Children's and Family Law
Title Philosophical Foundations of Children's and Family Law PDF eBook
Author Elizabeth Brake
Publisher Oxford University Press
Pages 369
Release 2018-02-23
Genre Law
ISBN 0191089710

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This volume brings together new essays in law and philosophy on a broad range of topics in children's and family law. It is the first volume to bring together essays by legal scholars and philosophers for an integrated, critical analysis of key issues in this area, marking the 'coming of age' of a comparatively new field of family law. Debates in children's and family law are at once theoretical and empirical in nature. Not only does children's and family law have significant consequences for individuals' intimate lives, the field's impact on lived experience highlights the socially constructed nature of law. Approaching this area of law often involves exploring a legal concept familiar from daily life, such as the very notion of 'marriage' or 'family', and examining it within its social, economic, and historical context. The normative basis for law regulating intimate personal and family life extends beyond any narrow legal philosophy or social context to its broader foundations in theories of morality or justice. The chapters included bring together a representative and broad range of pieces that engage with long-standing and contemporary debates. A wide range of perspectives is represented on topics such as same-sex marriage, polygamy and polyamory, alimony, unmarried cohabitation, gestational surrogacy and assisted reproductive technologies, child support, parental rights and responsibilities, children's rights, family immigration, religious freedom, and the rights of paid caregivers. There is also philosophical discussion of concepts such as care, intimacy, and the nature of family and family law itself.

Religion and Legal Pluralism

Religion and Legal Pluralism
Title Religion and Legal Pluralism PDF eBook
Author Russell Sandberg
Publisher Routledge
Pages 294
Release 2016-03-09
Genre Religion
ISBN 1317068017

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In recent years, there have been a number of concerns about the recognition of religious laws and the existence of religious courts and tribunals. There has also been the growing literature on legal pluralism which seeks to understand how more than one legal system can and should exist within one social space. However, whilst a number of important theoretical works concerning legal pluralism in the context of cultural rights have been published, little has been published specifically on religion. Religion and Legal Pluralism explores the extent to which religious laws are already recognised by the state and the extent to which religious legal systems, such as Sharia law, should be accommodated.