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Marriage and Divorce in a Multi-Cultural Context - Multi-Tiered Marriage and the Boundaries of Civil Law and Religion (Paperback)
Loot Price: R1,120
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Marriage and Divorce in a Multi-Cultural Context - Multi-Tiered Marriage and the Boundaries of Civil Law and Religion (Paperback)
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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.
General
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