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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Family law
The Western tradition has always cherished the family as an
essential foundation of a just and orderly society, and thus
accorded it special legal and religious protection. Christianity
embraced this teaching from the start, and many of the basics of
Western family law were shaped by the Christian theologies of
nature, sacrament, and covenant. This volume introduces readers to
the enduring and evolving Christian norms and teachings on
betrothals and weddings; marriage and divorce; women's and
children's rights; marital property and inheritance; and human
sexuality and intimate relationships. The chapters are
authoritatively written but accessible to college and graduate
students and scholars, as well as clergy and laity. While alert to
the hot button issues of sexual liberty today, the contributing
authors let the historical figures speak for themselves about what
Christianity has and can contribute to the protection and guidance
of our most intimate association.
Karin Walker and Dr Supriya McKenna team up to explain why
separating from or divorcing a narcissist is a hugely difficult,
draining experience, but one which follows predictable patterns.
This book will will help you recognise narcissistic behaviour,
prime you on what challenges lie ahead and provide practical
insights and information on how to survive the process emotionally,
financially and legally. You will be supported step by step through
the legal process as well as through the difficult emotional
journey that lies ahead, and shown how to work with your legal team
to limit the damage caused by an aggrieved, hostile narcissistic
ex.
Egypt just before political eruption! Turns of the century in
Africa's northeastern corner have been critical moments, ushering
in overt popular activism in the hope of radical political
redirection " -- as this volume's focus on Egypt's 19th-century
fin-de-siecle demonstrates. This period witnessed crisscrossing and
conflicting political currents as well as fluctuating economic,
geopolitical, social and demographic conditions and cultural
processes. Like Egypt's 20th-century fin-de-siecle, much of this
ferment was a prelude to the more visible and politically eruptive
events of the next decades, when Egypt's popular resistance burst
onto the international scene. But its subterranean cast was no less
dynamic for that."
Same-Sex Marriage and Children is the first book to bring together
historical, social science, and legal considerations to
comprehensively respond to the objections to same-sex marriage that
are based on the need to promote so-called "responsible
procreation" and child welfare. Carlos A. Ball places the current
marriage debates within a broader historical context by exploring
how the procreative and child welfare claims used to try to deny
same-sex couples the opportunity to marry are similar to earlier
arguments used to defend interracial marriage bans, laws
prohibiting disabled individuals from marrying, and the
differential treatment of children born out of wedlock. Ball also
draws a link between welfare reform and same-sex marriage bans by
explaining how conservative proponents have defended both based on
the need for the government to promote responsible procreation
among heterosexuals. In addition, Ball examines the social science
studies relied on by opponents of same-sex marriage and explains in
a highly engaging and accessible way why they do not support the
contention that biological status and parental gender matter when
it comes to parenting. He also explores the relevance of the social
science studies on the children of lesbians and gay men to the
question of whether same-sex couples have a constitutional right to
marry. In doing so, the book looks closely at the gay marriage
cases that reached the Supreme Court and explains why the
constitutionality of same-sex marriage bans could not be defended
on the basis that maintaining marriage as an exclusively
heterosexual institution promoted the best interests of children.
Same-Sex Marriage and Children will help lawyers, law professors,
judges, legislators, social and political scientists, historians,
and child welfare officials-as well as general readers interested
in matters related to marriage and families-understand the
empirical and legal issues behind the intersection of same-sex
marriage and children's welfare.
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.
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
Jackson's Matrimonial Finance is an authoritative specialist text
covering all aspects of financial problems arising from the
breakdown of a marriage. The new tenth edition brings the content
fully up to date with recent developments following reforms and
changes to family law procedure including: * Introduction of the
single family court provided by the Crime and Courts Act 2013, *
Children and Families Act 2014 including support for those whose
parents are separating, * Introduction of child arrangement orders
(FPR 2010, PD 12) to replace residency and contact orders, * Impact
of ante-and post-nuptial settlements following Radmacher v
Granatino 2 and Luckwell v Limata 3 * The effect of pensions reform
Despite the fact that becoming a parent is a pivotal event, the
birth or adoption of a child has little significance for parents'
legal relationship to each other. Instead, the law relies upon
marriage, domestic partnerships, and contracts to set the
parameters of parents' legal relationship. With over forty percent
of American children born to unwed mothers and consistently high
rates of divorce, this book argues that the law's current approach
to regulating parental relationships is outdated. A new legal and
social structure is needed to guide parents so they act as
supportive partners and to deter uncommitted couples from having
children. This book is the first of its kind to propose a new
'parent-partner' status within family law. Included are a detailed
discussion of the benefits of the status as well as specific
recommendations for legal obligations.
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."
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.
This book explores the regulation of intimate relationships today.
Using historical and contemporary legal-political sources, the
author investigates the changing meanings and effects of
conjugality.
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.
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.
Countries around the world are facing pressing needs to enhance
financial planning mechanisms for individuals with cognitive
impairment. The book provides the first comparative study of the
three most common of such mechanisms in Asia and the West, namely
guardianship, enduring/lasting powers of attorney, and special
needs trusts. It involves not only scholarly overviews of the
mechanisms in the jurisdictions studied, but also thorough,
structured and critical reviews of their operational experiences.
This book will have broad appeal to scholars, students, law and
policy makers and practitioners in the fields of mental disability,
healthcare and elder law. It is widely recognised in the field that
books like this one are needed. This book will also be of interest
to undergraduate and graduate students in mental health, disability
law and elder law.
Family Law Concentrate is written and designed to help you succeed.
Written by experts and covering all key topics, Concentrate guides
help focus your revision and maximise your exam performance. Each
guide includes revision tips, advice on how to achieve extra marks,
and a thorough and focused breakdown of the key topics and cases.
Revision guides you can rely on: trusted by lecturers, loved by
students... "I have always used OUP revision and Q&A books and
genuinely believe they have helped me get better grades" - Anthony
Poole, law student, Swansea University "The detail in this revision
textbook is phenomenal and is just what is needed to push your exam
preparation to the next level" - Stephanie Lomas, law student,
University of Central Lancashire "It is a little more in-depth than
other revision guides, and also has clear diagrams and teaches ways
to obtain extra marks. These features make it unique" - Godwin Tan,
law student, University College London "The concentrate revision
guides stand out against other revision guides" - Renae Haynes
Williams, law student, Bangor University "The exam style questions
are brilliant and the series is very detailed, prepares you well" -
Frances Easton, law student, University of Birmingham "The
accompanying website for Concentrate is the most impressive I've
come across" - Alice Munnelly, law student, Kings College London
Online Resources Packed with essential information, key cases,
revision tips, exam Q&As, and more, Family Law Concentrate is
also supported by extensive online resources to take your learning
further (www.oup.com/lawrevision/): - Pinpoint which areas you need
to concentrate on with the diagnostic test - Test your knowledge
with the multiple-choice questions and receive feedback on your
answers - Improve your essay skills using the outline answers for
guidance on what to include and how to structure your answer -
Revise the facts and principles of key cases using the interactive
flashcards - Learn the important terms and definitions using the
interactive glossary - Check that you have covered the main points
of a topic using the key facts checklists - Achieve better marks
following the advice on revision and exam technique by experienced
examiner Nigel Foster
This book resolves a key problem that all evaluators need to attend
to:, i.e., what constructs ought to be measured?, all the while
giving them practical ways of doing this. It also presents data
showing family court judges like the model, and it does this fairly
briefly but in a way that is nicely embedded in the research
literature.
Der zivilrechtsdogmatische Band befasst sich mit der Regelung des
1978 BGB. Diese Vorschrift begrundet die Haftung des Erben
gegenuber den Nachlassglaubigern uber ein ruckwirkend fingiertes
Verschulden. Der Autor untersucht die daraus folgenden Probleme und
unterbreitet dazu Loesungsansatze. Er geht der Frage nach, wie ein
ruckwirkend fingiertes Verschulden im Rahmen der Erbenhaftung
konstruiert werden kann. Ausserdem enthalt das Werk einen
Korrekturvorschlag de lege lata und de lege ferenda, um den
Haftungsmassstab des 1978 Abs. 1 S. 1 BGB in das Gesamtgefuge der
Haftungsverfassungen im BGB einrucken zu koennen. Dabei wird die in
1978 Abs. 1 S. 1 BGB bestimmte Haftung mit anderen Haftungssystemen
im deutschen und schweizerischen Zivilrecht verglichen.
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.
Very little is known about the life of the Attic orator Isaeus, who
was active during the first half of the fourth century BCE, and
many of his speeches have been lost to posterity. Published in
1904, these surviving speeches, presented in the original Greek
with extensive commentary by the classical scholar William Wyse
(1860 1929), are mostly concerned with the convoluted intrigue of
inheritance disputes. Wyse regarded Isaeus as 'an unscrupulous
falsifier of law and fact in the service of clients whose claims to
the estates they contested were, without exception, fraudulent'.
While modern scholars may not fully share this view, Wyse's
monumental and learned edition is still a standard work in the
study of ancient family law. In addition to a critical
introduction, the texts of the speeches, and the detailed
commentary, this work also includes family trees to aid
understanding of the complex cases.
The institution of marriage is at a crossroads. Across most of the
industrialized world, unmarried cohabitation and nonmarital births
have skyrocketed while marriage rates are at record lows. These
trends mask a new, idealized vision of marriage as a marker of
success as well as a growing class divide in childbearing behavior:
the children of better educated, wealthier individuals continue to
be born into relatively stable marital unions while the children of
less educated, poorer individuals are increasingly born and raised
in more fragile, nonmarital households. The interdisciplinary
approach offered by this edited volume provides tools to inform the
debate and to assist policy makers in resolving questions about
marriage at a critical juncture. Drawing on the expertise of social
scientists and legal scholars, the book will be a key text for
anyone who seeks to understand marriage as a social institution and
to evaluate proposals for marriage reform.
Not the Marrying Kind is a new and comprehensive exploration of the
contemporary same-sex marriage debates in several jurisdictions
including Australia, Canada, South Africa, the United Kingdom and
the United States. It departs from much of the existing scholarship
on same-sex marriage, which argues either for or against marriage
for same-sex couples. Instead, this book begins from a critical
analysis of the institution of marriage itself (as well as separate
forms of relationship recognition, such as civil partnership, PaCS,
domestic partnership) and asks whether and how feminist critiques
of marriage might be applied specifically to same-sex marriage. In
doing this, the author combines the theories of second wave
feminism with insights from contemporary queer theory.
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