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Law of Persons and the Family second edition is an exciting, practical, hands-on law publication that offers its readers a comprehensive introduction to the South African Law of Persons and to South African Family Law. The second edition features updates to legislation and recent case law and additional digital assets that enhance the learning experience of students and increase the educational value of the course. Introductory case studies can now also be viewed and listened to, which provides a real-life visual and auditory experience. Every chapter also includes PowerPoint slides with summaries, explanations and examples that are accompanied by voice recordings. Law of Persons and the Family second edition functions as a practical introduction to law in which students begin to engage with the law and apply the rules and principles they learn.
The second edition of Child Law in South Africa provides insight into the profound impact of recent legislative changes and developments in the associated regulatory frameworks, the judicial interpretation of ground-breaking case law, and the latest research findings in child law in South Africa. The work that has been done at an international level is also incorporated as far as possible within the confines of the topics addressed in this publication. This new edition of Child Law in South Africa does not merely follow in the path of its predecessor: this publication includes 11 entirely new chapters and 11 `new' authors - experts who did not contribute to the previous edition. Even the `revised' chapters add value as they systematically and critically deal with new knowledge and enhance research. Child Law in South Africa is written by 22 experts in the field, edited by Professor Trynie Boezaart, an internationally acknowledged researcher in child law, and independently peer-reviewed. The book reflects the enormous scope and dynamics involved in child law and is sure to encourage further debate and analysis.
South African law remains relatively silent on the legal aspects of pregnancy, and legal commentary is rather scarce too. While there have been attempts to address the gaps in the law in relation to specific issues in pregnancy, these attempts have usually favoured the individual protection of the unborn at the expense of pregnant women's agency and rights, which has given rise to a tension between female reproductive autonomy and foetal interests. In Pregnancy Law in South Africa, the author explores the question of whether it is possible to regard pregnancy in law as embodying both women and the unborn and whether the pregnancy can be construed in a way that it does not come to be framed as an adversarial relationship. Pregnancy Law in South Africa focuses on the issues of prenatal substance abuse, termination of pregnancy, violence that terminates a pregnancy, and the extension of legal personhood to the unborn. The author argues that pregnancy-related issues will never be adequately resolved unless the potential for an adversarial pregnancy relationship is removed and proposes a relational approach to pregnancy, centred on fostering relationships, in order to eliminate the potential for tension. The author contends further that a relational approach encourages imaginative and constructive possibilities for law reform efforts without sacrificing women's reproductive autonomy and rights or the recognition of the unborn. Pregnancy Law in South Africa provides a sound theoretical approach to pregnancy in law and its recommendations seek to promote healthy, rights-affirming pregnancies.
Reform of customary marriage, divorce and succession in South Africa: Living customary law and social realities examines the operation of the Recognition of customary marriages act and the rules of succession formulated in Bhe v Magistrate, Khayelitsha. The book is the outcome of an interdisciplinary research project conducted by the NRF chair in customary law, indigenous values and human rights, the department of sociology at the University of Cape Town, and the National movement of rural women. More than a decade after the enactment of the act and the formulation of the Bhe rules, the research project sought to explore how these laws were being implemented in practice, through the eyes of the individuals living according to customary law, a range of state institutions, including the courts and the Department of home affairs, and traditional leaders. The fieldwork was conducted across six provinces, over a period of 20 months. The findings presented in Reform of customary marriage, divorce and succession in South Africa about the implementation of the act and the Bhe rules will be of interest to a wide range of individuals, court and state officials, and scholars. The authors provide evidence-based research on the implementation of the laws and they outline what remains to be done to improve the implementation of these laws.
The Marriage and Matrimonial Property Law Amendment Act (3) of 1988, together with the Divorce Act (70) of 1979, has brought about fundamental changes to the South African law of marriage. Prior to its enactment, black persons had been almost entirely excluded from the operation of the Matrimonial Property Act (88) of 1984, and it was only in 1988 that the Amendment Act (3) extended the ameliorations of 1984 to their civil marriages. This book discusses the ramifactions of this in detail, as well as dealing with the implications of the South African constitution. It refers to comparative law and the literature that describes important and similar developments in other jurisdictions.
Written specifically for first-year law students, the authors of this family law textbook have taken care to restrict historical and purely theoretical issues, as well as excessive references to cases and other literature.
The Law of Divorce and Dissolution of Life Partnerships in South Africa is a comprehensive publication that provides a detailed exposition and analysis of the law relating to the termination of civil unions, civil marriages, customary marriages, Muslim marriages and Hindu marriages by divorce. The publication also offers an in-depth discussion and analysis of the law relating to the dissolution of life (domestic) partnerships. Written by a team of subject specialists, it provides a rich source of expertise. The book is divided into five parts. Part 1 focuses on the dissolution of civil marriages and civil unions by divorce. This part deals with the grounds for divorce, the personal and financial consequences of divorce, and the position of minor and dependent children of divorced or divorcing spouses or civil union partners. Part 2 focuses on all aspects of divorce in customary marriages, while Part 3 concerns divorce in Muslim marriages and Hindu marriages. Part 4 addresses all aspects relating to the dissolution of a life partnership. The final part of the book - Part 5 - considers issues that are of general application to divorce and the dissolution of life partnerships. These issues are domestic violence; jurisdiction, procedure, and costs; mediation and other forms of alternative dispute resolution; and conflict of laws.
The recent developments in South African law concerning the legal recognition of African customary marriages. Demonstrates how different social groups, systems of personal law and cultural or religious beliefs are constitutionally protected against any form of unfair discrimination. Aimed at lawyers, students and academics.
A smart and concise guide to staying together that draws on scientific findings, expert advice, and years in the marital trenches to explain why marriage is better for your health, your finances, your kids, and your happiness
Like you, probably, Belinda Luscombe would rather have had her eyes put out than read a book about marriage; they all seemed full of advice that was obvious, useless, or bad. Plus they were boring. But after covering the relationship beat for Time magazine for ten years, she realized there was a surprisingly upbeat and little-known story to tell about the benefits of staying together for the long haul. Casting a witty, candid, and probing eye on the latest behavioral science, Luscombe has written a fresh and persuasive report on the state of our unions, how they've changed from the marriages of our parents' era, and what those changes mean for the happiness of this most intimate and important of our relationships.
In Marriageology Luscombe examines the six major fault lines that can fracture contemporary marriages, also known as the F-words: familiarity, fighting, finances, family, fooling around, and finding help. She presents facts, debunks myths, and provides a fascinating mix of research, anecdotes, and wisdom from a wide range of approaches--from how properly dividing up chores can result in a better sex life to the benefits of fighting with your spouse (though not in the car) to whether or not to tell your partner that you lost $70,000. (The last one is from firsthand experience.)
Marriageology offers simple, actionable, maybe even borderline fun techniques and tips to try, whether the relationship in question is about to conk out or just needs a little grease and an oil change. The best news of all is that sticking together is easier than it looks.
There was a time when the phrase "American family" conjured up a single, specific image: a breadwinner dad, a homemaker mom, and their 2.5 kids living comfortable lives in a middle-class suburb. Today, that image has been shattered, due in part to skyrocketing divorce rates, single parenthood, and increased out-of-wedlock births. But whether it is conservatives bewailing the wages of moral decline and women's liberation, or progressives celebrating the result of women's greater freedom and changing sexual mores, most Americans fail to identify the root factor driving the changes: economic inequality that is remaking the American family along class lines. In Marriage Markets, June Carbone and Naomi Cahn examine how macroeconomic forces are transforming our most intimate and important spheres, and how working class and lower income families have paid the highest price. Just like health, education, and seemingly every other advantage in life, a stable two-parent home has become a luxury that only the well-off can afford. The best educated and most prosperous have the most stable families, while working class families have seen the greatest increase in relationship instability. Why is this so? The book provides the answer: greater economic inequality has profoundly changed marriage markets, the way men and women match up when they search for a life partner. It has produced a larger group of high-income men than women; written off the men at the bottom because of chronic unemployment, incarceration, and substance abuse; and left a larger group of women with a smaller group of comparable men in the middle. The failure to see marriage as a market affected by supply and demand has obscured any meaningful analysis of the way that societal changes influence culture. Only policies that redress the balance between men and women through greater access to education, stable employment, and opportunities for social mobility can produce a culture that encourages commitment and investment in family life. A rigorous and enlightening account of why American families have changed so much in recent decades, Marriage Markets cuts through the ideological and moralistic rhetoric that drives our current debate. It offers critically needed solutions for a problem that will haunt America for generations to come.
Despite increasing visibility of same-sex relationships in South Africa, there remains a distinct lack of research and public discussion around same-sex family practices and related legislative and social issues. This new collection of essays, interviews and images seeks to address this critical information gap by both capturing recent scholarship and documenting the challenges and experiences of same-sex partnered families. By bringing together work from diverse academic and professional disciplines - as well as visual materials from two recent exhibitions - this unique collection will play a crucial role in promoting further research into LGBTI families in South Africa. Topics covered include the theory and context of LGBTI families in South Africa; the legislative framework; media representations of same-sex families; assisted reproduction technology - challenges, experiences and understandings; parenting practices; disclosure practices within families; and intimate partner violence.
This best-selling textbook is loved by students and lecturers alike. Offering exceptional coverage of all key family law principles, this book also explores the theories, debates and ethical dilemmas which underpin the subject ensuring you have the knowledge required to critique the existing law and evaluate reform options. Family Law provides you with an exceptional grounding in this fascinating, and often controversial, subject ensuring you get the most from your textbook by equipping you with: a strong understanding of the wealth of legal principles at play in this dynamic subject area that you are likely to encounter on your course an in-depth appreciation of the wider social, economic and political tensions which surround family life enabling you to critique the existing law and evaluate proposed reforms a wide range of carefully selected summaries of key cases and extracts from important legislative provisions to highlight clearly the primary source material which forms the bedrock of the subject a variety of interesting, and often surprising, key statistics relating to each topic to illustrate the practical effects of the laws you are studying on society stimulating debates on particularly controversial, sensitive or topical legal dilemmas encouraging you to draw on your critical analysis skills to form your own opinions and evaluate the arguments posed on each side of the debate invaluable further reading references to provide a springboard for further study New to this Edition Important developments in the case law on the welfare principle New guidance on non-marriages Recent cases on financial provision Consideration of pre-nuptial agreements Examination of the law on parental responsibility Detailed discussion of domestic abuse
Specifically designed for use in court this handbook provides a portable, single volume source of key children proceedings legislation and related guidance. It includes consolidated and fully amended texts of the Children Act 1989 and relevant provisions of the Family Procedure Rules 2010 and supplementary Practice Directions.
This textbook provides a clear and straightforward account of family law, while also introducing current debates about the nature, scope and functions of the law and discussing wider controversies surrounding the basic doctrines. This book is compact yet comprehensive, well-structured and engaging and is an ideal text for all students taking undergraduate and GDL/CPE courses in family law. The book goes into critical depth on issues such as legal and social trends and developments, the nature of judicial decision-making, the importance of agreement, and the impact of human rights. This approach makes the book essential reading for law students taking undergraduate modules in family law and child law. Students on social work, social policy, health care and human rights courses will also find it invaluable, as will postgraduates and those studying the subject for professional purposes.
The Casebook on South African Family Law provides a clear and concise analysis of the facts and principles enunciated by the courts on the law of family.
It contains commentary and extracts from cases referred to in South African Family Law.
This work reflects the law as at 31 July 2004. Decisions up to July 2004 have been considered for inclusion.
This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.
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.
Written by a team of highly experienced teachers of family law, this innovative new textbook is a contextual, critical, and highly engaging guide to the subject. Each expert author has crafted a superbly clear guide to their particular area of expertise, which is structured around the key debates central to that topic. These debates are explored and discussed throughout the chapter, and students are thereby introduced to an enlightening range of perspectives on the key issues. The social, economic, and political backdrop to each topic is also extensively discussed, to ensure that students' understanding is grounded in this essential context. Family Law is a fresh, modern, and unique guide to this dynamic subject.
Well-selected and authoritative, Palgrave Core Statutes provide the key materials needed by students in a format that is clear, compact and very easy to use. They are ideal for use in exams.
These two revision and study guides have been packaged together to offer you great value when you're looking to get the most out of your revision. Family Law Concentrate is the essential revision and study guide for law students looking to consolidate knowledge and achieve the best possible marks. Providing clear, succinct coverage of all the key topics, it enables you to quickly grasp the fundamental principles of this area of law and excel in your exams and coursework. Concentrate Q&A Family Law contains model exam questions and answers, with expert advice on recognising what examiners are looking for, structuring a first class answer, avoiding common exam mistakes and making your answer stand out from the crowd.
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.
Family Law practice has undergone a period of rapid and significant change with the removal of legal aid funding and the establishment of the single Family Court in particular represent major adjustment for those working in the field. A Practical Approach to Family Law provides a clear picture of the law and practice relating to family proceedings in the family court, county courts, and the High Court. Its breadth of coverage and accessible style has made it an essential resource for students and practitioners alike. In an area which continues to evolve this text is a trusted and reliable resource for busy practitioners. It's clear and accessible style make it an ideal tool for both students on LPC and ILEX courses and those in practice. Providing practical advice on the application of legal principles alongside helpful summaries the text gives a detailed overview of a broad range of family law issues. Written by a respected and authoritative team, the tenth edition of A Practical Approach to Family Law has been fully updated to take account of recent developments including the changes to legal aid for family cases and the introduction of the single family court; new rules on the instruction of experts; new approach to care proceedings and court-enforced timetable to avoid delay; and the replacement of residence and contact orders with child arrangements orders. There is also increased coverage of adoption alongside key material on mediation, child support and welfare benefits. Very much a practical guide, the book makes extensive use of examples and key documents to assist the busy practitioner and student. With additional advice on library, information, and professional development resources, A Practical Approach to Family Law provides real assistance in dealing with this dynamic area of law. The A Practical Approach series is the perfect partner for practice work. Each title focuses on one field of the law and provides a comprehensive overview of the subject together with clear, practical advice and tips on issues likely to arise in practice. The books are also an excellent resource for those new to the law, where the expert overview and clear layout promotes clarity and ease of understanding.
This volume provides a comprehensive overview of children's human rights, collecting the works of leading authorities as well as new scholars grappling with emerging ideas of `children' and `rights.' Beginning with the Convention on the Rights of the Child, the most widely ratified human rights treaty in the world, this book explores the theory, doctrine, and implementation of the legal frameworks addressing child labor, child soldiers, and child trafficking, as well as children's socio-economic rights, including their rights to education. With an original introduction by the Professor Stark, this topical volume is an invaluable resource for scholars, students, and activists
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