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Marriage and Divorce in a Multi-Cultural Context - Multi-Tiered Marriage and the Boundaries of Civil Law and Religion (Hardcover, New)
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Marriage and Divorce in a Multi-Cultural Context - Multi-Tiered Marriage and the Boundaries of Civil Law and Religion (Hardcover, New)
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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. They
are also wrong. 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 when
couples purport to do these things? 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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