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Reform of customary marriage, divorce and succession in South Africa: Living customary law and social realities examines the operation of the Recognition of customary marriages act and the rules of succession formulated in Bhe v Magistrate, Khayelitsha. The book is the outcome of an interdisciplinary research project conducted by the NRF chair in customary law, indigenous values and human rights, the department of sociology at the University of Cape Town, and the National movement of rural women. More than a decade after the enactment of the act and the formulation of the Bhe rules, the research project sought to explore how these laws were being implemented in practice, through the eyes of the individuals living according to customary law, a range of state institutions, including the courts and the Department of home affairs, and traditional leaders. The fieldwork was conducted across six provinces, over a period of 20 months. The findings presented in Reform of customary marriage, divorce and succession in South Africa about the implementation of the act and the Bhe rules will be of interest to a wide range of individuals, court and state officials, and scholars. The authors provide evidence-based research on the implementation of the laws and they outline what remains to be done to improve the implementation of these laws.
"This book is a carefully researched, clearly written, very important contribution to our understanding of divorce." -Arlie Hochschild, University of California, USA "This rich, evidence-informed narrative provides a frank, 'up close and personal' portrait of the aftermath of marriage dissolution." - Mary Corcoran, Maynooth University, Ireland "Moore throws a welcome light on the moral identities and gendered inequalities of parenting after separation." - Rosalind Edwards, University of Southampton, UK This book focuses on parental commitment to family life after divorce, in contrast to its common perception as an irrevocable breaking up of the family unit, which is often perpetuated by representations from popular culture and the media. In the first detailed review of emotions and emotion work undertaken by divorced parents, the author sheds light on how parents manage feelings of guilt, fear, on-going anger and everyday unhappiness in the course of family life post-divorce. Moore demonstrates how the emotional dimension of divorce is shaped by societal and structural factors and requires parents to undertake considerable emotion work in the creation of new moral identities. The book points to the often gendered responsibilities for sustaining family lives post separation, and how these reflect extensive inequalities in family practices. The author concludes that divorce is not dangerous for society; it is not a social evil or a demonstration of the rise of selfish individualism, and that divorcees remain committed to former partners and children long after divorce. This book will be of interest to scholars and students in the areas of Sociology, Psychology, Family Studies, Social Policy, Social Work and Law.
This book investigates how customary practices in South Africa have led to negotiation and contestation over human rights, gender and generational power. Drawing on a range of original empirical studies, this book provides important new insights into the realities of regulating personal relationships in complex social fields in which customary practices are negotiated. This book not only adds to a fuller understanding of how customary practices are experienced in contemporary South Africa, but it also contributes to a large discussion about the experiences, impact and ongoing negotiations around changing structures of gender and generational power and rights in contemporary South Africa. It will be of interest to researchers across the fields of sociology, family/customary law, gender, social policy and African Studies.
"This book is a carefully researched, clearly written, very important contribution to our understanding of divorce." -Arlie Hochschild, University of California, USA "This rich, evidence-informed narrative provides a frank, 'up close and personal' portrait of the aftermath of marriage dissolution." - Mary Corcoran, Maynooth University, Ireland "Moore throws a welcome light on the moral identities and gendered inequalities of parenting after separation." - Rosalind Edwards, University of Southampton, UK This book focuses on parental commitment to family life after divorce, in contrast to its common perception as an irrevocable breaking up of the family unit, which is often perpetuated by representations from popular culture and the media. In the first detailed review of emotions and emotion work undertaken by divorced parents, the author sheds light on how parents manage feelings of guilt, fear, on-going anger and everyday unhappiness in the course of family life post-divorce. Moore demonstrates how the emotional dimension of divorce is shaped by societal and structural factors and requires parents to undertake considerable emotion work in the creation of new moral identities. The book points to the often gendered responsibilities for sustaining family lives post separation, and how these reflect extensive inequalities in family practices. The author concludes that divorce is not dangerous for society; it is not a social evil or a demonstration of the rise of selfish individualism, and that divorcees remain committed to former partners and children long after divorce. This book will be of interest to scholars and students in the areas of Sociology, Psychology, Family Studies, Social Policy, Social Work and Law.
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