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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Family law
Divorcing Traditions is an ethnography of Islamic legal expertise
and practices in India, a secular state in which Muslims are a
significant minority and where Islamic judgments are not legally
binding. Katherine Lemons argues that an analysis of divorce in
accordance with Islamic strictures is critical to the understanding
of Indian secularism. Lemons analyzes four marital dispute
adjudication forums run by Muslim jurists or lay Muslims to show
that religious law does not muddle the categories of religion and
law but generates them. Drawing on ethnographic and archival
research conducted in these four institutions-NGO-run women's
arbitration centers (mahila panchayats); sharia courts (dar
ul-qazas); a Muslim jurist's authoritative legal opinions (fatwas);
and the practice of what a Muslim legal expert (mufti) calls
"spiritual healing"-Divorcing Traditions shows how secularism is an
ongoing project that seeks to establish and maintain an appropriate
relationship between religion and politics. A secular state is
always secularizing. And yet, as Lemons demonstrates, the state is
not the only arbiter of the relationship between religion and law:
religious legal forums help to constitute the categories of private
and public, religious and secular upon which secularism relies. In
the end, because Muslim legal expertise and practice are central to
the Indian legal system and because Muslim divorce's contested
legal status marks a crisis of the secular distinction between
religion and law, Muslim divorce, argues Lemons, is a key site for
understanding Indian secularism.
The twenty-first century has ushered in a redefinition of the
family and necessitated a reassessment of traditional and
conventional models of spousal and parental relationships. In
Family Law in Jamaica, Fara Brown delves into the contemporary
state of family arrangements and sets the law and its application
in the historical and cultural reality of Jamaican society.
Examining the legislation and the most contemporary litigation, the
gamut of family issues -from marriage and divorce, maintenance,
custody, guardianship and adoption of children to paternity - are
covered. Using realistic and practical everyday family situations,
the practice and procedure of Jamaican family law is presented in
an easy to understand and accessible way for both the ordinary
reader as well as the student, practitioner and judge. The book's
clear organization into distinct topics is further enhanced by
questions for discussion as well as case citations and notes with
references to additional material. Family law is dynamic and recent
developments associated with surrogacy, the use of assisted
reproductive technology, DNA testing, human trafficking and
identity fraud are also featured. While significant progress has
been made in the development of family law since Jamaica's
independence, the conflicting and anomalous areas of the law are
also discussed while pointing to the way forward.
Reproductive science continues to revolutionise reproduction and
propel us further into uncharted territories. The revolution
signalled by the birth of Louise Brown after IVF in 1978, prompted
governments across Europe and beyond into regulatory action. Forty
years on, there are now dramatic and controversial developments in
new reproductive technologies. Technologies such as uterus
transplantation that may enable unisex gestation and babies
gestated by dad; or artificial wombs that will completely divorce
reproduction from the human body and allow babies to be gestated by
machines, usher in a different set of legal, ethical and social
questions to those that arose from IVF. This book revisits the
regulation of assisted reproduction and advances the debate on from
the now much-discussed issues that arose from IVF, offering a
critical analysis of the regulatory challenges raised by new
reproductive technologies on the horizon.
Are you working with trust assets and interests in the context of
matrimonial and family finance disputes? A comprehensive guide to
issues frequently arising in English matrimonial finance cases,
where one or both spouses has an interest in, or access to, trust
assets. Key topics covered include: Jurisdiction Service and
joinder Nuptial settlements Trusts as resources Enforcement
Chapters summarise the key principles of English family finance and
trust principles through diagrams, flowcharts and tables, alongside
clear narrative, to ensure the more technical information is
intelligible yet authoritative. An indispensable tool kit for
English practitioners and judges working in the field of family
finance, as well as those practising in other jurisdictions looking
for an accessible guide to the English matrimonial arena. It also
contains vital information for trust and corporate lawyers
encountering matrimonial disputes when trustees are joined or
otherwise intervene in family cases.
Each year, a number of youth who migrate alone and clandestinely
from China to the United States are apprehended, placed in removal
proceedings, and designated as unaccompanied minors. These young
migrants represent only a fraction of all unaccompanied minors in
the US, yet they are in many ways depicted as a preeminent
professional and moral cause by immigration advocates. In and
beyond the legal realm, the figure of the ""vulnerable Chinese
child"" powerfully legitimates legal claims and attorneys' efforts.
At the same time, the transnational ambitions and obligations of
Chinese youth implicitly unsettle this figure. Youths' maneuvers
not only belie attorneys' reliance on racialized discourses of
childhood and the Chinese family, but they also reveal more broad
uncertainties around legal frameworks, institutional practices,
health and labor rights-and cause lawyering itself. Based on three
years of fieldwork across the United States, Lawyering an Uncertain
Cause is a novel study of the complex and often contradictory
rights, responsibilities, and expectations that motivate global
youth and the American attorneys who work on their behalf.
Each year, a number of youth who migrate alone and clandestinely
from China to the United States are apprehended, placed in removal
proceedings, and designated as unaccompanied minors. These young
migrants represent only a fraction of all unaccompanied minors in
the US, yet they are in many ways depicted as a preeminent
professional and moral cause by immigration advocates. In and
beyond the legal realm, the figure of the ""vulnerable Chinese
child"" powerfully legitimates legal claims and attorneys' efforts.
At the same time, the transnational ambitions and obligations of
Chinese youth implicitly unsettle this figure. Youths' maneuvers
not only belie attorneys' reliance on racialized discourses of
childhood and the Chinese family, but they also reveal more broad
uncertainties around legal frameworks, institutional practices,
health and labor rights-and cause lawyering itself. Based on three
years of fieldwork across the United States, Lawyering an Uncertain
Cause is a novel study of the complex and often contradictory
rights, responsibilities, and expectations that motivate global
youth and the American attorneys who work on their behalf.
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