Societies and states are at a crossroad in how children are treated and how their rights are respected and protected. Childrens new position and their strong rights create tensions and challenge the traditional relationships between family and the state. The United Nations Convention on the Rights of the Child was adopted unanimously by the General Assembly of the United Nations in 1989 and came into force in 1990. Article 2 places states under an obligation to accord primacy to the best interests of the child in all actions concerning children and to ensure and regulate child protection. This book offers a comparative and critical analysis of the implementation of Article 2 of the United Nations Convention on the Rights of the Child. In order to examine how Article 2 is being implemented, it is essential to have a sound understanding of the obligations it emposes. The opening chapters will explore the precise content of these obligations in terms of the legislative history of the text, its underlying philosophy, its amplification by the United Nations Committee on the Rights of the Child, and subsequent authoritative interpretations of it by courts around the world. The book will then drill down into the conceptual and theoretical challenges posed by the very nature of the obligations and will offer in-depth exploration of the long-running 'rights v welfare' debate that has always presented something of a challenge in giving effect to children's rights. Contributors are leading academics in the children's rights field drawn from a wide range of countries and jurisdictions worldwide, including those with common law, civilian and mixed traditions. Disciplines represented in the book include law, psychology, political science, childhood studies, social work and anthropology. By drawing together the various facets of Article 2 and analysing it from a range of perspectives, the volume provides a coherent and comprehensive inter-disciplinary analysis on discrimination and the rights of the child.

Almost every contested financial case raises issues of enforcement. Even if these do not materialise it is essential for practitioners to be alive to them when they are negotiating settlements or pursuing an application for financial orders. There is little point securing a large settlement for your client if it is incapable of enforcement. Although enforcement is a fundamental aspect of financial remedy proceedings, it is a topic which many practitioners find difficult. 1KBW on Enforcement in Financial Remedy Proceedings provides guidance in and understanding of this complex area of law. Differing from other sources currently available, this title is dedicated specifically to issues of enforcement, which are addressed more comprehensively (both in terms of substantive and procedural law) than the other sources are able to deal with them. It also covers international cases where especially difficult issues are often thrown up, so the authors offer some practical guidance on how such issues might be addressed. Key legislation covered: - Matrimonial Causes Act 1973 * Family Procedure Rules 2010 * Civil Procedure Rules 1998 * Attachment of Earnings Act 1971 * Charging Orders Act 1979 * Contempt of Court Act 1981 * Debtors Act 1872 * Senior courts Act 1981 * County Courts Act 1984 * Maintenance Orders (Reciprocal Enforcement) Act 1972 * Maintenance Enforcement Act 1991

A range of international and European Union legal instruments exert influence on the national civil procedure rules of European Union member states. Some specifically aim for the harmonisation of national procedural law across Europe, while others primarily focus on facilitating cross-border litigation, enforcing rights or setting minimum standards. However, often the same time instruments cause fragmentation, reduce coherence and challenge prevailing concepts and doctrines of national civil procedure law.With a view to carefully selected North Western jurisdiction (EU and EEA member states) this book explores how EU, EEA, and international legislation, judicial activism on EU and national level, and new soft law instruments affect national civil procedure law and how, in turn, national rules may impact the development of international instruments. How are the respective countries affected by a particular (EU) regulation? Has the regulation generated changes of the national law? Are European rules, or national rules following from them, applied in court practice? Are there differences in the approach towards implementation and application of EU law, and if so why and with what consequences? Do international influences serve as an impetus for national reforms, or are they implemented mechanically? Do hard law approaches produce more harmonisation or convergence than soft law approaches?

Winner of the 2010 Distinguished Book Award from the American Psychological Association's 44th Division (the Society for the Psychological Study of Lesbian, Gay, Bisexual and Transgender Issues) An in-depth, transnational primer on the current state of same-sex marriage post legalization The summer of 2008 was the summer of love and commitment for gays and lesbians in the United States. Thousands of same-sex couples stood in line for wedding licenses all over California in the first few days after same-sex marriage was legalized. On the other side of the country, Massachusetts, the very first state to give gay couples marriage rights, took the last step to full equality by allowing same-sex couples from other states to marry there as well. These happy times for same-sex couples were the hallmark of true equality for some, yet others questioned whether the very bedrock of society was crumbling. What would this new step portend? In order to find out the impact of same-sex marriage, M. V. Lee Badgett traveled to a land where it has been legal for same-sex couples to marry since 2001: the Netherlands. Badgett interviews gay couples to find out how this step has affected their lives. We learn about the often surprising changes to their relationships, the reactions of their families, and work colleagues. Moreover, Badgett is interested in the ways that the institution itself has been altered for the larger society. How has the concept of marriage changed? When Gay People Get Married gives readers a primer on the current state of the same-sex marriage debate, and a new way of framing the issue that provides valuable new insights into the political, social, and personal stakes involved. The experiences of other countries and these pioneering American states serve as a crystal ball as we grapple with this polarizing issue in the American context. The evidence shows both that marriage changes gay people more than gay people change marriage, and that it is the most liberal countries and states making the first move to recognize gay couples. In the end, Badgett compellingly shows that allowing gay couples to marry does not destroy the institution of marriage and that many gay couples do benefit, in expected as well as surprising ways, from the legal, social, and political rights that the institution offers.

In many US courts and internationally, family law cases constitute almost half of the trial caseload. These matters include child abuse and neglect and juvenile delinquency, as well as divorce, custody, paternity, and other traditional family law issues. In this book, the authors argue that reforms to the family justice system are necessary to enable it to assist families and children effectively. The authors propose an approach that envisions the family court as a "care center," by blending existing theories surrounding court reform in family law with an ethic of care and narrative practice. Building on conceptual, procedural, and structural reforms of the past several decades, the authors define the concept of a unified family court created along interdisciplinary lines - a paradigm that is particularly well suited to inform the work of family courts. These prior reforms have contributed to enhancing the family justice system, as courts now can shape comprehensive outcomes designed to improve the lives of families and children by taking into account both their legal and non-legal needs. In doing so, courts can utilize each family's story as a foundation to fashion a resolution of their unique issues. In the book, the authors aim to strengthen a court's problem-solving capabilities by discussing how incorporating an ethic of care and appreciating the family narrative can add to the court's effectiveness in responding to families and children. Creating the court as a care center, the authors conclude, should lie at the heart of how a family justice system operates. The authors are well-known figures in the area and have been involved in family court reform on both a US national and an international scale for many years.

Winner of the 2010 Pacific Sociological Association Distinguished Contribution to Scholarship Award A lesbian couple rears a child together and, after the biological mother dies, the surviving partner loses custody to the child's estranged biological father. Four days later, in a different court, judges rule on the side of the partner, because they feel the child relied on the woman as a "psychological parent." What accounts for this inconsistency regarding gay and lesbian adoption and custody cases, and why has family law failed to address them in a comprehensive manner? In Courting Change, Kimberly D. Richman zeros in on the nebulous realm of family law, one of the most indeterminate and discretionary areas of American law. She focuses on judicial decisions-both the outcomes and the rationales-and what they say about family, rights, sexual orientation, and who qualifies as a parent. Richman challenges prevailing notions that gay and lesbian parents and families are hurt by laws' indeterminacy, arguing that, because family law is so loosely defined, it allows for the flexibility needed to respond to-and even facilitate - changes in how we conceive of family, parenting, and the role of sexual orientation in family law. Drawing on every recorded judicial decision in gay and lesbian adoption and custody cases over the last fifty years, and on interviews with parents, lawyers, and judges, Richman demonstrates how parental and sexual identities are formed and interpreted in law, and how gay and lesbian parents can harness indeterminacy to transform family law.

In Understanding and Managing Parental Alienation: A Guide to Assessment and Intervention, Janet Haines, Mandy Matthewson and Marcus Turnbull offer a comprehensive analysis of contemporary understanding of parental alienation. Grounded in recent scientific advances, this is the first book of its kind providing resources on how to identify parental alienation and a guide to evidence-based intervention. Parental alienation is a process in which one parent manipulates their child to negatively perceive and reject the other parent. Recognising this phenomenon and knowing when to intervene is often the biggest challenge faced by practitioners and this book provides a guide to this process. Divided into six parts, it examines what parental alienation is and how it is caused, how it affects each family member as a mental health concern and form of violence, and how to assess, identify and intervene successfully from a legal and therapy standpoint. Taking on a gender-neutral approach, the book is filled with contemporary case examples from male and female perspectives, cutting-edge research, practitioner-client dialogues, and practitioners' reflections to show the difficult realities of parental alienation. Practical and accessible, this is an essential resource for mental health professionals working with families experiencing parental alienation, as well as postgraduate students of clinical psychology, counselling, family therapy, social work, and child and family psychology. This book will also be of immense interest to family lawyers and mediators due to its multidisciplinary approach.

When relationships break down, disputes commonly arise over the parenting arrangements for children, whose living arrangements have to be reorganized at a time of great conflict and turmoil. Most such disputes are resolved without a judicial determination through private agreement, negotiation between lawyers, mediation, or a combination of these methods. This book examines whether and how children should be involved in the process of resolving family law disputes. Although there is widespread acceptance in the Western world that the views of children should be taken into account, and that the weight given to those views should depend on children's age and maturity, there is much less agreement about how children's voices should be heard.
There are many benefits to giving children a voice in decisions that affect their lives, and the UN Convention on the Rights of the Child identifies this as a right for children. However there are difficulties and dangers in seeking to hear from children, not least because they may be subject to pressure from each parent to express views that support his or her case. Courts dealing with family law issues are constantly faced with a dilemma. Is it better to keep children out of the conflict, or to give them a say so that the arrangements are as workable for them as possible?
This book integrates examinations of these issues with empirical data from interviews which explore the views and experiences of children, parents, counselors, mediators, lawyers and judges involved in such disputes in Australia. Drawing on this research, the authors suggest ways that children can better be heard without placing them at the center of their parents' conflicts. They argue that the focus should not just be on how children are heard in legal proceedings, but on how they can be better heard in those families who resolve their conflicts without going to court.

Most people believe that parents have rights to direct their children's education and upbringing. But why? What grounds those rights? How broad is their scope? Can we defend parental rights against those who believe we need more extensive state educational control to protect children's autonomy or prepare them for citizenship in a diverse society? Amid heated debates over issues like sexual education, diversity education and vouchers, Moschella cuts to the heart of the matter, explaining why education is primarily the responsibility of parents, not the state. Rigorously argued yet broadly accessible, the book offers a principled case for expanding school choice and granting exemptions when educational programs or regulations threaten parents' ability to raise their children in line with their values. Philosophical argument is complemented with psychological and social scientific research showing that robust parental rights' protections are crucial for the well-being of parents, children and society as a whole.

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.

Written from an ethnographic perspective, this book investigates the socio-legal aspects of Islamic jurisprudence in Gaza-Palestine. It examines the way judges, lawyers and litigants operate with respect to the law and with each other, particularly given their different positions in the power structure within the court and within society at large. The book aims at elucidating ambivalences in the codified statutes that allow the actors to find practical solutions to their (often) legally unresolved problems and to manipulate the law. The book demonstrates that present-day judges are not only confronted with novel questions they have to find an answer to, but, perhaps more importantly, they are confronted with contradictions between the letter of codified law and their own notions of justice. The author reminds us that these notions of justice should not be set a priori; they are socially constructed in particular time and space. Making a substantial contribution to a number of theoretical debates on family law and gender, the book will appeal to both academic and non-academic readers alike.

In recent decades, there have been many changes to adoption law and practice, such as a sharp decline in the voluntary relinquishment of children, an increase in the number consigned to public care, and an abrupt decrease in those made available on an intercountry basis. Additionally, human rights are becoming more prominent, particularly in relation to issues such as: non-consensual adoption; the ethics of intercountry adoption; the eligibility of LGBT adopters; the impact of commercial surrogacy; and the sometimes conflicting rights of birth parents and adoptees when accessing agency birth records. In this book, O'Halloran presents a comparative analysis of the interaction between adoption law and human rights in common law (England and the US), civil law (France and Germany), and Asiatic traditions (Japan and China), while also developing a matrix of legal functions to assist in identifying and analysing areas of tension between human rights and adoption. This book is intended for a lawyer readership, whether professional, student or academic: researchers and postgraduate students in subjects such as social work, social policy and politics may also find it helpful.

"Enjoyable and provocative. . . . This collection nicely reveals and sorts through a host of exciting and complex questions about marriage."
--Martha McCluskey, co-editor of "Feminism, Media, and the Law"

"One of the curious features of the early twenty-first century has been the noisy presence of 'marriage' in the public culture. The result has been a public dialogue that often marries bad social science and homophobia, with understandable public anxieties about how children grow up in our world. We deserve better and "Marriage Proposals" provides it. Anita Bernstein's collection draws on the best work by some of the smartest and most thoughtful participants in the recent marriage wars. The authors ask the reader to think hard about how marriage can be justified today. And the result is a book that confronts some of the hardest and deepest questions that face us as a society."--Hendrik Hartog, author of "Man and Wife in America: A History"

"Bringing together insights from law, anthropology, and political theory, the rigorous essays in "Marriage Proposals" strip away easy assumptions about marriage. Readers will emerge from the volume inspired to bring the national conversation on these issues to a deeper and more interesting level."--Suzanne B. Goldberg, author of "Strangers to the Law: Gay People on Trial"

""Marriage Proposals" brings new insights to the marriage debates by discussing the provocative idea of getting the government out of the business of marriage recognition altogether. Anyone seeking to think clearly about the nature and function of marriage in our society should read this collection."--Brian Bix, Frederick W. Thomas Professor of Law and Philosophy, University of Minnesota Law School

The essays in Marriage Proposals envision a variety of scenarios in which adults would continue to join themselves together seeking permanent companionship and sustenance, linking sexual intimacy to a long commitment, usually caring for each other, and building new families. What would disappear are the legal consequences associated with marriage. No joint income tax return; no immigration privileges like the "fiancA(c)e visa" or the right to bring in a husband or wife; no special statuses for prison visits or hospital decisions; no prerogative to remain silent in court by claiming "confidential marital communications"; no pension entitlements; no marital benefits and detriments regarding criminal or civil liability.

The anthology makes a unique contribution amid the two marriage furors of the day: same-sex marriage and the Bush Administration's "marriage movement" (that marrying is good and more marriages would be better for society). Abolishing the legal category of marriage is the only policy suggestion in current American discourse that speaks to both causes. Activists on both sides of the same-sex marriage fight, along with marriage movement partisans, all seek improvement through law reform. Marriage Proposals gives them a viable reform--abolition of marriage as a legal status--for fighting battles in the courtroom and the streets.

Contributors include Anita Bernstein, Peggy Cooper Davis, Martha Albertson Fineman, Linda C. McClain, Marshall Miller, Lawrence Rosen, Mary Lyndon Shanley, and Dorian Solot.

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."

Legal Issues in Special Education provides teachers and school administrators with a clearly written, well-organized, and understandable guide from the perspective of the practitioner without formal legal training. Even though over 50 percent of students with disabilities are now educated in general education classes, most teachers are not required to complete coursework in special education law and can unwittingly expose themselves and their schools to liability for violating the rights of students with disabilities. This practitioner's guide explicitly addresses the major issues and legal complexities educators inevitably face when dealing with special education legal and policy issues. Using case-based learning to synthesize important legal concepts and principles from leading special education legal cases, this text guides educators, administrators, and parents alike toward a thorough understanding of, and the ability to navigate, many of the current and pressing legal concerns in special education.

Comparative Concepts of Criminal Law is unique in the sense that it introduces the reader to the fundamental concepts and rules of substantive criminal law in a comparative way and not just to the criminal law system of one specific jurisdiction. Compared with other fields of law, like contract and property law, comparative research into the so-called general part of criminal law is quite a recent phenomenon within academia. The increasing 'Europeanisation' of criminal law and policy makes such a comparative approach even more necessary.This handbook therefore fills a legal educational gap by exploring basic concepts of substantive criminal law in three major European legal systems: the common law system of England and Wales and the civil law systems of Germany and the Netherlands. Each chapter focuses on a specific concept or doctrine that is necessary to determine criminal liability (e.g. actus reus, mens rea, defences, inchoate offences). Throughout the book the authors also highlight and discuss some recent legislative and judicial developments that broaden the scope of criminal liability in our modern culture of control.This book is not only invaluable for students, but also for legal practitioners who want to broaden their knowledge of criminal law.

Child and family law tells us much about how a society operates, since it touches the lives of everyone living in that society. In this volume, a variety of experts examine child and family law in thirteen countries - Australia, Canada, China, India, Israel, Malaysia, The Netherlands, New Zealand, Norway, Russia, Scotland, South Africa and the United States. Each chapter identifies the imperatives and influences that have prevailed to date and offers informed predictions of how it will develop in the years to come. A common chapter structure facilitates comparison of the jurisdictions, and in the introduction the editor highlights common trends and salient differences. The Future of Child and Family Law therefore provides practitioners, academics and policy-makers with access not just to an overview of child and family law in a range of countries around the world, but also to insights into what has shaped it and options for reform.

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aWonderful. . . . A fascinating and complex account of husbands struggling to assert their legal dominance in a changing cultural landscape, while law remained static. . . . Stray Wives is full of creative research and compelling new insights about marriage in early national America. Sievensas nuanced argument about power and interdependence within marriage is absolutely convincing. She also clearly demonstrates that legal change lagged behind cultural change, leaving husbands frustrated by their inability to rule.a
--"William & Mary Quarterly"

aOffers an engaging look at marital conflict at a key transitional time in the emotional and economic landscape of early national New England.a
--"Journal of the Early Republic"

aSievens focuses on a rich and under-used source: the ads that appeared in early American newspapers alerting readers not to extend credit to run-away wives, as well as occasional replies made by wives themselves. This is a terrific source that illuminates marriage, gender, law, print culture, and community in early America. Sievens has shown considerable sensitivity and acuity, as well as diligence in the pre-digitized days, in her approach to these fascinating sources. This is an impressively lucid coverage resting on persuasive claims. . . . Indeed, this book, in its brevity, clarity, and inherent drama, may be of particular use in the classroom. A fine book on an important topic, it will certainly be of use to many working in this field.a
--"Journal of Social History"

aSievens shows how even when free of their marriages, women often remained dependent on male kin.a
--"The Chronicle of HigherEducation"

aTo fully appriciate how far womenas rights have evolved by the twenty-first century, all one need do is read a work like this one. . . . Highly recommended.a
--"Choice"

aStray Wives is an insightful, carefully argued, and well-written work that complicates our understanding of law, society, and gender in early national New England. Along the way, it adds to our store of knowledge on such topics as women's economic role, domestic violence, and community relationships in early America. Sievens does a lovely job of showing the ways in which wives contested their husbands' dominance at the same time that they tolerated-indeed, sometimes benefited from-their own dependence.a
--Anya Jabour, author of "Marriage in the Early Republic"

aIn Stray Wives, Sievens examines hundreds of desertion notices to elucidate how couples negotiated the common law of marriage by revealing the words they addressed to the public, the issues over which they disagreed, and their strategies for maneuvering through and settling their conflicts. This important book adds both detail and depth to our knowledge of marriage and marital conflict in the early republic.a
--Merrill D. Smith, author of "Breaking the Bonds"

"Whereas my husband, Enoch Darling, has at sundry times used me in so improper and cruel a manner, as to destroy my happiness and endanger my life, and whereas he has not provided for me as a husband ought, but expended his time and money unadvisedly, at taverns . . . . I hereby notify the public that I am obliged to leave him."
Phebe Darling, January 13, 1796

Hundreds of provocative notices such as this one ran in New England newspapers between 1790 and 1830. Theseelopement notices--advertisements paid for by husbands and occasionally wives to announce their spouses' desertions as well as the personal details of their marital conflicts--testify to the difficulties that many couples experienced, and raise questions about the nature of the marital relationship in early national New England.

Stray Wives examines marriage, family, gender, and the law through the lens of these elopement notices. In conjunction with legal treatises, court records, and prescriptive literature, Mary Beth Sievens highlights the often tenuous relationships among marriage law, marital ideals, and lived experience in the early Republic, an era of exceptional cultural and economic change.

Elopement notices allowed couples to negotiate the meaning of these changes, through contests over issues such as gender roles, consumption, economic support, and property ownership. Sievens reveals the ambiguous, often contested nature of marital law, showing that husbands' superior status and wives' dependence were fluid and negotiable, subject to the differing interpretations of legal commentators, community members, and spouses themselves.

This book has three key aims: first, to show how the legal treatment of cohabiting couples has changed over the past four centuries, from punishment as fornicators in the seventeenth century to eventual acceptance as family in the late twentieth; second, to chart how the language used to refer to cohabitation has changed over time and how different terms influenced policy debates and public perceptions; and, third, to estimate the extent of cohabitation in earlier centuries. To achieve this it draws on hundreds of reported and unreported cases as well as legislation, policy papers and debates in Parliament; thousands of newspaper reports and magazine articles; and innovative cohort studies that provide new and more reliable evidence as to the incidence (or rather the rarity) of cohabitation in eighteenth- and nineteenth-century England. It concludes with a consideration of the relationship between legal regulation and social trends.

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.

How can we end the inter-generational cycle of poverty and dysfunction in the US's urban ghettos? This ground-breaking and controversial book is the first to provide a child-centered perspective on the subject by combining a wealth of social science information with sophisticated normative analysis to support novel reforms-to child protection law and practice, family law, and zoning- that would quickly end that cycle. The rub is that the reforms needed would entail further suffering and loss of liberty for adults in these communities, and liberal advocacy organizations and academics are so adult-centered in their sympathies and thinking that they reflexively oppose any such measures. Liberals have instead promoted one ineffectual parent-focused program after another, in an ideologically-driven quest for the magic pill that can save both adults and children in these communities at the same time. This `insider critique' of liberal child welfare policy reveals a dilemma that liberals have yet to face squarely: there is an ineradicable conflict of interests between many young children and their parents, especially in areas of concentrated poverty, and one must choose sides. It is a must read for legal academics, political scientists, urban policy experts, as well as professionals working in social work, law, education, urban planning, legislative offices, and administrative agencies.

This collection is anchored in an African conception of children's rights and the law, and reflects contemporary discourses taking place in the region of the children's rights sphere. The majority of contributors are African and adopt an individual approach to their topic which reflects their first-hand experience. The book focuses on child rights issues which have particular resonance on the continent and the chapters span themes which are both broad and narrow, containing subject matter which is both theoretical and illuminated by practice. The book profiles recent developments and experiences in furthering children's legal rights in the African context, and distils from these future trends the specific role that the law can play in the African children's rights environment.

Families and family law have encountered significant challenges in the face of rapid changes in social norms, demographics and political expectations. The Cambridge Companion to Comparative Family Law highlights the key questions and themes that have faced family lawyers across the world. Each chapter is written by internationally renowned academic experts and focuses on which of these themes are most significant to their jurisdictions. In taking this jurisdictional approach, the collection will explore how different countries have tackled these issues. As a result, the collection is aimed at students, practitioners and academics across a variety of disciplines interested in the key issues faced by family law around the world and how they have been addressed.

Those not learned in the economic arts believe that economics is either solely or essentially concerned with commercial relations. And, so it was, originally. Then, in the second half of the 20th century, economists began applying their minimalist but sturdy tools to other human activities such as marriage, child-bearing, crime, religion and social groups. In this spirit, the Research Handbook on the Economics of Family Law gives us a series of original essays by distinguished scholars in economics, law or both. The essays represent a variety of approaches to the field. Many contain extensive surveys of the literature with respect to the particular question they address. Some employ empirical economics, others are more narrowly legal. They have in common one thing: each scholar employs a core economic tool or insight to shed light on some aspect of family law and social institutions broadly understood. Topics covered include: divorce, child support, infant feeding, abortion access, prostitution, the decline in marriage, birth control and incentives for partnering. This comprehensive and enlightening volume will be a valuable reference for those interested in law and economics generally and family law in particular. Contributors: D.W. Allen, L.R. Cohen, S. Cunningham, K. Dickinson, A.W. Dnes, T. Green, M. Guldi, M. Hanlon, T.D. Kendall, J. Klick, R.I. Lerman, J. Price, B. Stevenson, T. Stratmann, A.L. Wax, J. Wolfers, J.D. Wright

American family law makes two key assumptions: first, that the civil state possesses sole authority over marriage and divorce; and second, that the civil law may contain only one regulatory regime for such matters. These assumptions run counter to the multicultural and religiously plural nature of our society. This book elaborates how those assumptions are descriptively incorrect, and it begins an important conversation about whether more pluralism in family law is normatively desirable. For example, may couples rely upon religious tribunals (Jewish, Muslim, or otherwise) to decide family law disputes? May couples opt into stricter divorce rules, either through premarital contracts or 'covenant marriages'? How should the state respond? Intentionally interdisciplinary and international in scope, this volume contains contributions from fourteen leading scholars. The authors address the provocative question of whether the state must consider sharing its jurisdictional authority with other groups in family law.