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This book discusses a number of important themes in comparative
law: legal metaphors and methodology, the movements of legal ideas
and institutions and the mixity they produce, and marriage, an area
of law in which culture - or clashes of legal and public cultures -
may be particularly evident. In a mix of methodological and
empirical investigations divided by these themes, the work offers
expanded analyses and a unique cross-section of materials that is
on the cutting edge of comparative law scholarship. It presents an
innovative approach to legal pluralism, the study of mixed
jurisdictions, and language and the law, with the use of metaphors
not as an illustration but as a core element of comparative
methodology.
The Child's Interests in Conflict addresses one of the most
pressing issues of any multicultural society, namely the
conflicting demands on children from minority groups or children
born to parents of different cultural or religious backgrounds.
What the family considers to be in the child's best interests and
welfare in the studied situations is not shared by society at
large. Each guided by faith, culture and tradition, society views
the child to be exposed to a significant harm or risk of harm if
certain traditions are followed, whereas in contrast the parents
believe that their child is harmed or in harm's way if that
tradition is not respected.Focusing primarily on Europe, the
contributions in this book, written by internationally leading
experts and with a interdisciplinary element, address situations of
conflict regarding the child's upbringing and education in general,
the shaping of the child's cultural or faith-based identity,
underage marriages, circumcision of boys, the role of faith and
culture in society's placements of children outside the care of
their family, and the role of faith in cross-border child abduction
and disputes over parental responsibilities. Attention is paid to
the case law of the European Court of Human Rights and to less
well-known national case law, as well as to recent national
legislation, all of which show not only the complexity of the
issues discussed but also the differing ways multicultural
challenges are dealt with.The authors strive to answer, inter alia,
how legal systems should navigate between the competing claims and
conflicting interests without forgetting the main person to be
protected, namely the child; and how the scope of tolerance,
recognition and autonomy should be defined.
Avizandum Statutes on Scots Family Law contain a comprehensive
selection of the main legislative provisions relating to child law
and adult domestic relations.
Avizandum Statutes are designed specifically to provide
undergraduates at Scottish universities with legislation and, where
appropriate, other core materials in a readily accessible format.
All materials have been selected on the basis of their relevance to
university courses and appear in updated form. The lack of
annotation and commentary means that the volumes are ideal for use
in examinations.
This book discusses a number of important themes in comparative
law: legal metaphors and methodology, the movements of legal ideas
and institutions and the mixity they produce, and marriage, an area
of law in which culture - or clashes of legal and public cultures -
may be particularly evident. In a mix of methodological and
empirical investigations divided by these themes, the work offers
expanded analyses and a unique cross-section of materials that is
on the cutting edge of comparative law scholarship. It presents an
innovative approach to legal pluralism, the study of mixed
jurisdictions, and language and the law, with the use of metaphors
not as an illustration but as a core element of comparative
methodology.
Avizandum Statutes on Scots Family Law contain a comprehensive
selection of the main legislative provisions relating to child law
and adult domestic relations. All materials are reproduced in
updated form. Changes consequential on the UK's departure from the
European Union have been incorporated.This well-established volume
has now been adapted for practitioner use and includes the
principal Rules of Court regulating family law actions.
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