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Legal Recognition of Non-Conjugal Families - New Frontiers in Family Law in the US, Canada and Europe (Hardcover)
Loot Price: R3,295
Discovery Miles 32 950
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Legal Recognition of Non-Conjugal Families - New Frontiers in Family Law in the US, Canada and Europe (Hardcover)
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This book argues that insufficient recognition of new families is a
legal problem that needs fixing in light of recent evolutions in
family patterns and normative conceptions of 'family'. People
increasingly invest in relationships falling outside the model of
the marital family, such as non-conjugal unions of friends or
relatives, polyamorous relationships and various religious-based
families. Despite this, Western jurisdictions retain the marital
family as the relevant basis for allocating family law benefits,
rights and obligations. Part I of the book illustrates recent
evolutions in family patterns and norms, and explores how law can
accommodate multiple family grids without legal recognition
involving normalisation. Part II focuses on courtroom litigation on
the basis that courts nowadays are central avenues of social
change. It takes non-conjugal families as a case study and provides
an analysis of the most compelling argumentative strategies that
non-conjugal families can mobilise to pursue legal recognition in
Canada and the United States, and within the systems of the
European Convention of Human Rights and the European Union. Through
its comparative, interdisciplinary and critical legal method, the
book provides scholars, activists and policymakers with conceptual
tools to tackle the current invisibility of new families. Further,
by advancing legal arguments to enhance the protection of
non-conjugal families in courtrooms, the book illuminates the
different approaches jurisdictions are likely to take and the
hindrances thereof to overcome and debunk stereotypes associated
with proper familyhood.
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