About one-third of the world's population currently lives under pluri-legal systems where governments hold individuals subject to the purview of ethno-religious rather than national norms in respect to family law. How does the state-enforcement of these religious family laws impact fundamental rights and liberties? What resistance strategies do people employ in order to overcome the disabilities and limitations these religious laws impose upon their rights? Based on archival research, court observations and interviews with individuals from three countries, Yuksel Sezgin shows that governments have often intervened in order to impress a particular image of subjectivity upon a society, while people have constantly challenged the interpretive monopoly of courts and state-sanctioned religious institutions, re-negotiated their rights and duties under the law, and changed the system from within. He also identifies key lessons and best practices for the integration of universal human rights principles into religious legal systems.

As a distinct scholarly contribution to law, feminist legal theory is now well over three decades old. Those three decades have seen consolidation and renewal of its central concerns as well as remarkable growth, dynamism and change. This Companion celebrates the strength of feminist legal thought, which is manifested in this dynamic combination of stability and change, as well as in the diversity of perspectives and methodologies, and the extensive range of subject-matters, which are now included within its ambit. Bringing together contributors from across a range of jurisdictions and legal traditions, the book provides a concise but critical review of existing theory in relation to the core issues or concepts that have animated, and continue to animate, feminism. It provides an authoritative and scholarly review of contemporary feminist legal thought, and seeks to contribute to the ongoing development of some of its new approaches, perspectives, and subject-matters. The Companion is divided into three parts, dealing with 'Theory', 'Concepts' and 'Issues'. The first part addresses theoretical questions which are of significance to law, but which also connect to feminist theory at the broadest and most interdisciplinary level. The second part also draws on general feminist theory, but with a more specific focus on debates about equality and difference, race, culture, religion, and sexuality. The 'Issues' section considers in detail more specific areas of substantive legal controversy.

'I absolutely raced through this book - beautifully suspenseful, pacy and smart. A real talent in the psych thriller genre.' L.V. Matthews, author of The Twins She trusted a stranger with her secrets. Now she's paying the price. Emily loves her four-year-old twin daughters. Like any frazzled mum, she spends her time wiping up spills, cooking their favourite meals and putting plasters on scraped knees, trying her best to be the perfect mum as well as keep her sanity. Internet forum MumsOnline proves to be a lifeline in her darkest days, an anonymous place where she can voice the problems that she would never say in real life. She finds a connection with fellow mum-of-twins, TwoIsTrouble, and soon, the internet friends are chatting daily. But when Emily tries to pull back, realising she has shared too much about the darkness in her past, she finds herself being stalked. As Emily's history is exposed, it's clear that someone is using her secrets against her...and they will threaten everything Emily loves to destroy her perfect life. A gripping domestic suspense thriller that asks if we really know who we are talking to online, with a twist ending that will make you gasp. Fans of T.M. Logan, Lisa Jewell and Gillian McAllister will love this unputdownable read. Praise for Keep Them Close: 'A splendidly twisty psychological mystery' Daily Mail 'Expertly paced and totally compelling...a bruising exploration of motherhood and family secrets.' Anna Bailey, author of Tall Bones 'A terrifying, twisty thriller in which seemingly no one can be trusted. Very cleverly written - I raced through this. Highly recommended.' Catherine Cooper, author of The Chalet 'I sped through Keep Them Close...before being slammed by an ending I didn't see coming. Nuanced and pacey, this is a must-read.' Polly Phillips, author of The Reunion 'Chilling, creepy and frighteningly plausible with a clever twist. A real page turner.' Sarah Linley, author of The Wedding Murders The very definition of a page-turner, but also heartbreaking and relatable - a real rollercoaster of a read' Charlotte Duckworth, author of The Perfect Father 'A compulsively readable twisty thriller... I couldn't put this well plotted and immersive psychological thriller down.' Emily Freud, author of What She Left Behind 'Pacey, insightful, emotionally rich and full of twists - I loved it.' Holly Seddon, author of Try Not to Breathe 'What a chilling, thrilling ride!...The plot line gave me goosebumps. Five stars from me.' D.E White, author of Glass Dolls 'A superb thriller - fast-paced, thought-provoking, and so cleverly plotted that it's impossible to know who to trust.' Sarah Clarke, author of Every Little Secret 'Sure-footed and suspenseful' Cara Hunter, author of Hope to Die 'I absolutely loved this from start to finish!... Be warned, you might have to read it in one sitting.' Reader Review 'Kept me on my toes the entire time I read it, desperate to find out it happened. I really couldn't put it down!' Reader Review 'The ending was nothing I could have ever seen coming. This book will have you both on the edge of your seat and gasping for air' Reader Review 'This book was amazing! Everything a modern-day thriller should be. I loved the characters, I loved the story, I loved the suspense!' Reader Review

The European Succession Regulation is a landmark in the field of EU private international law. It unifies the conflicts of laws, jurisdiction and recognition of foreign judgments and some other legal instruments in the field of succession and wills. This volume provides an article-by-article commentary on the individual provisions of the Regulation, introduced by an overview of its general framework and underlying principles. As a reference tool for the Regulation, this book is intended to promote a high standard of interpretation and application. With contributions from leading scholars in the field, it uses a comparative approach in its analysis to enrich the academic debate and highlight the problems likely to arise in the practical application of the Regulation.

In Egypt's modern history, reform of personal status laws has often formed an integral part of political, cultural, and religious contestations among different factions of society. From the beginning of the twenty-first century, two significant reforms were introduced in Egyptian personal status laws: women's right to petition for no-fault judicial divorce law (khul') and the new mediation-based family courts.Legal Reform and Gender Justice examines the interplay between legal reform and gender norms and practices. It examines the processes of advocating for, and contesting the khul' and new family courts laws, shedding light on the agendas and strategies of the various actors involved. It also examines the ways in which women and men have made use of these legal reforms; how judges and other court personnel have interpreted and implemented them; and how the reforms may have impacted women and men's understandings, expectations, and strategies when navigating marriage and spousal roles.Drawing on an extensive four-year field study, Al-Sharmani highlights the complexities and mixed impacts of legal reform, not only as a mechanism of claiming gender rights but also as a system of meanings that shape, destabilize, or transform gender norms and practices.

The interaction between individual rights, which are often seen in secular terms, and religion is becoming an important and complex topic not only for academic study but for practical policy. This volume collects a range of writings from journals, edited collections and individual books which deal with different aspects of the interaction within the context of family life, and which appear with their original pagination. These studies have been selected because they throw a sharp light on central elements of the role of religion in determining the structure of the rights of family members in relation to one another, both from an historical and contemporary perspective. While many of the writings are focused on US and European systems, selected writings covering other systems illustrate the universal nature of the topic. The studies are accompanied by a reflective commentary from the editor which sets the writings in a broad context of social, constitutional and philosophical thought, with the aim of stimulating critical thought and discussion.

Legal aid for family cases in private law, mainly divorce and separation, where the state is not directly involved as it is in public law cases where there are issues of domestic violence or neglect or abuse of children, came to an abrupt end together with help for welfare and immigration cases on April 1 2013 when the Legal Aid Sentencing and Punishment of Offenders Act (LASPO) came into effect. This book presents an account of the wide ranging problems which the researchers and practitioners expected to ensue. Sadly, their fears have been realised in many areas of legal help and advice. The National Audit Office was to take the view in 2014 that although the Ministry of Justice had succeeded in making considerable savings in the cause of austerity that they had failed to investigate or understand the impact of these cuts on the individuals concerned and society as a whole. This book was previously published as a special issue of the Journal of Social Welfare and Family Law.

For more than 2,500 years, the Western tradition has embraced monogamous marriage as an essential institution for the flourishing of men and women, parents and children, society and the state. At the same time, polygamy has been considered a serious crime that harms wives and children, correlates with sundry other crimes and abuses, and threatens good citizenship and political stability. The West has thus long punished all manner of plural marriages and denounced the polygamous teachings of selected Jews, Muslims, Anabaptists, Mormons, and others. John Witte, Jr carefully documents the Western case for monogamy over polygamy from antiquity until today. He analyzes the historical claims that polygamy is biblical, natural, and useful alongside modern claims that anti-polygamy laws violate personal and religious freedom. While giving the pro and con arguments a full hearing, Witte concludes that the Western historical case against polygamy remains compelling and urges Western nations to hold the line on monogamy.

With over half of Americans now in favor of marriage equality, it is clear that societal norms of marriage are being quickly redefined. The growing belief that the state may not discriminate against gays and lesbians calls into question whether the state may limit other types of marital unions, including plural marriage. While much has been written about same-sex marriage, as of yet there has been no book-length legal treatment of unions among three or more individuals. The first major study on plural marriage and the law, In Defense of Plural Marriage begins to fill this lacuna in the scholarly literature. Ronald C. Den Otter shows how the constitutional arguments that support the option of plural marriage are stronger than those against. Ultimately, he proposes a new semi-contractual marital model that would provide legal recognition for a wide range of intimate relationships.

Since the adoption of the UN Convention on the Rights of the Child (1989) children's rights have assumed a central position in a wide variety of disciplines and policies. This handbook offers an engaging overview of the contemporary research landscape for those people in the theory and practice of children's rights. The volume offers a multidisciplinary approach to children's rights, as well as key thematic issues in children's rights at the intersection of global and local concerns. The main approaches and topics within the volume are: * Law, social work, and the sociology of childhood and anthropology * Geography, childhood studies, gender studies and citizenship studies * Participation, education and health * Juvenile justice and alternative care * Violence against children and female genital mutilation * Child labour, working children and child poverty * Migration, indigenous children and resource exploitation The specially commissioned chapters have been written by renowned scholars and researchers and come together to provide a critical and invaluable guide to the challenges and dilemmas currently facing children's rights.

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.

This book explores the status and scope of family policies related to households of children with disabilities, providing an in-depth, evidence-based review of legal, programmatic issues. It includes a discussion of the gaps between family needs and contemporary family policies in the United States and European countries, as demonstrated in these households' surveys. In addition, the volume offers a comparative analysis of cash benefits, tax credits and deductions, and in-kind provisions between the United States and select European countries (UK, France, and Sweden). Most importantly, this book identifies and continues the discussion regarding the critical role of family-centered policies, as expressed in the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), as well as the future of family policy toward families of children with disabilities at a time of economic crisis.

This timely collection brings together philosophical, legal and sociological perspectives on the crucial question of who should make decisions about the fate of a child suffering from a serious illness. In particular, the collection looks at whether the current 'best interests' threshold is the appropriate boundary for legal intervention, or whether it would be more appropriate to adopt the 'risk of significant harm' approach proposed in Gard. It explores the roles of parents, doctors and the courts in making decisions on behalf of children, actively drawing on perspectives from the clinic as well as academia and practice. In doing so, it teases out the potential risks of inappropriate state intrusion in parental decision-making, and considers how we might address them.

The U.S. Supreme Courts highly anticipated decision in Obergefell v. Hodges recognized federal constitutional protection for same-sex marriage.1 Although on its face the case addressed only whether states must issue marriage licenses to same-sex couples and recognize marriages legally formed in other states, Obergefell has implicated a number of other legal rights, particularly those related to religious exercise and civil rights. Some religious doctrines include objections to same-sex marriage, leading to questions about the extent to which individuals, businesses, or religious institutions that share such objections must recognize or accommodate couples in same-sex marriages. Because federal law includes both constitutional and statutory protections for religious beliefs that may involve such conflicts, the manner in which these protections may intersect with constitutional protection of same-sex marriage can become complicated. This book analyzes a range of legal issues for which Obergefell has implications. Moreover, this book addresses eligibility for Social Security spousal benefits for individuals in a same-sex marriage; addresses a number of frequently asked questions regarding the eligibility of same-sex couples for Social Security benefits and the interpretation of state marriage laws; provides an overview of the federal tax treatment of same-sex married couples, with a focus on the federal income tax; and provides background on, and analysis of, significant legal issues raised by the Supreme Courts decision in Obergefell.

In teaching and in practicing family law, the availability of pertinent codified material and recent commentary is indispensable. This compendium of statutory materials supplements the casebook by these same authors. The book is divided into four sections: (1) Uniform Laws and Model Legislation, (2) Federal Statutes, (3) State Statutes, and (4) International Treaties. These four sections illustrate the evolving perspective of family law, nationally and internationally. Included are statutes addressing, among others topics, premarital and marital agreements, testimony by minors, professional responsibility standards, mediation and arbitration, proof of paternity and surrogacy, and international treaties to protect children and women. Each statute is preceded by citations to pertinent legal periodicals, providing explanation and parameters for practice. As a quick reference or to provide a survey of what has been legislated to address a particular situation, this compendium of codes and commentary is an indispensable complement to the classroom or to practice.

This book offers a comparative and historical analysis of the rapid and profound legal changes that took rise in the 1960s in England, France, Germany, Sweden, and the United States, while bringing new and insightful interpretation and critical thought to bear on the explosion of legislation in the last decade. A unique, detailed comparative analysis and summary of the current state of family law, this author's book will serve as a valuable reference for students, scholars, and reformers.

Clinicians who understand mental health care administration in addition to their clinical fields are likely to be valuable to the organizations in which they work. This handbook is an accessible source of information for professionals coming from either clinical or management backgrounds. Sections offer coverage in: mental health administrative principles, mental health care management, business, finance and funding of care, information technology, human resources and legal issues.

Whether you're new to higher education, coming to legal study for the first time or just wondering what Family Law is all about, Beginning Family Law is the ideal introduction to help you hit the ground running. Starting with the basics and an overview of each topic, it will help you come to terms with the structure, themes and issues of the subject so that you can begin your Family Law module with confidence. Adopting a clear and simple approach with legal vocabulary carefully clarified, Jonathan Herring breaks the subject of family law down using practical everyday examples to make it understandable for anyone, whatever their background. Diagrams and flowcharts simplify complex issues, important cases are identified and explained and on-the- spot questions help you recognise potential issues or debates within the law so that you can contribute in classes with confidence. Beginning Family Law is an ideal first introduction to the subject for LLB, GDL or ILEX and especially international students, those enrolled on distance learning courses or on other degree programmes. Visit the companion website: http://www.routledge.com/cw/beginningthelaw/

The recognition of same-sex marriage generates debate on both the federal and state levels. Either legislatively or judicially, same-sex marriage is legal in more than a dozen states and the District of Columbia. Conversely, many states have statutory or constitutional prohibitions against same-sex marriage. Courts are beginning to address the constitutionality of these "defense of marriage" laws using equal protection and due process analysis. In United States v. Windsor, the U.S. Supreme Court struck down the federal ban on benefits for legally married same-sex couples. However, the Court indicated that it was taking no position on a state's authority to forbid same-sex marriages. Lower courts have interpreted Windsor broadly and have found such bans to violate equal protection and due process principles. This book discusses same-sex marriage bans and federal tax issues in the aftermath of United States v. Windsor.

Children come into the world completely helpless, and require well-functioning families and schools to meet their needs, protect their interests and nurture their potential. This book argues that healthy child-development depends on values, ideas and structures that promote justice for children and families; in particular, checks and balances that favour: * Fairness: allowing fair distribution of resources, so that every child and family have the best possible chance to reach their potential. * Protection: resources for families, neighbourhoods and schools to help protect and encourage their children, alongside the means to intervene, should this protection fail. * Autonomy: encouraging children's voice and participation in decision-making at a level commensurate with their maturity. Authored by leading experts in the field, the book is comprised of short, highly readable chapters with an interdisciplinary appeal, for practitioners of social science, law, social work, psychology, paediatrics, psychotherapy, psychiatry and public health alike.

The UN Convention on the Rights of the Child is acknowledged as a landmark in the development of children's rights. Article 3 makes the child's best interests a primary consideration in all actions concerning children and requires States Parties to ensure their care and protection. This volume, written by experts in children's rights from a range of jurisdictions, explores the implementation of Article 3 around the world. It opens with a contextual analysis of Article 3, before offering a critique of its implementation in various settings, including parenting, religion, domestic violence and baby switching. Amongst the themes that emerge are the challenges posed by the content of 'best interests', 'welfare' and 'well-being'; the priority to be accorded them; and the legal, socioeconomic and other obstacles to legislating for children's rights. This book is essential for all readers who interact with one of the Convention's most fundamental principles.

The Family in Law provides a jurisprudential analysis of current family law, connecting doctrinal discourse with sociological, historical and economic analyses of the institution of family. The law's focus on the nuclear family as the default model is central to the book's discourse, which contains in-depth discussions of the key areas of family law - marriage, divorce, children and property matters. Written for Australian legal actors - whether students, academics or professionals - readers are encouraged to question current frameworks, critique well-known cases and make informed conclusions on whether changes could be made to engender a fairer and more equitable society. In developing doctrinal analysis within a theoretical framework, The Family in Law challenges the conventional boundaries of family law, providing readers with both a solid foundation and a multi-layered perspective to their understanding of the topic.

This book provides a comprehensive account of how child development and the right to development of children have been understood in international children's rights law. It argues that any conceptions of childhood focussed either on children's future as adults, or on children's lives in the present, overlook the hybridity of children's lived experiences. The book therefore suggests a new conception of childhood - namely, 'hybrid childhood' - which accommodates respect for children's agency and human dignity in the present, in the process of growth, and in the outcomes of this process when the child becomes an adult. Consequently, and building on the capability approach's idea of human development, the book presents a radical new interpretation of the child's right to development under the UN Convention on the Rights of the Child. It offers a comprehensive interpretation of the right to development, which is one of the four guiding principles of the Convention.

This book expands our understanding of a growing, yet largely unstudied phenomenon: the flow of children across borders through intercountry adoption. What explains the spread of intercountry adoption through the international system over time? McBride investigates the interconnected networks of states, individuals, and adoption agencies that have collaborated to develop the practice of intercountry adoption we see today. This book tells the story of how adoption agencies mediate between individuals and states in two ways: first by teaching states about intercountry adoption as a policy, and second by helping states implement intercountry adoption as a practice. McBride argues that this process of states learning about intercountry adoption from adoption agencies has facilitated the global development of the practice in the past seventy years.