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Like many beliefs, religious views matter across an individual's
life and the life cycle of a family - from birth to marriage,
through child-rearing, and, eventually, death. This volume examines
clashes over religious liberty within the personal realm of the
family. Against swirling religious beliefs, secular values, and
legal regulation, this volume offers a forward-looking examination
of tensions between religious freedom and the state's protective
function. Contributors unpack some of the Court's recent decisions
and explain how they set the stage for ongoing disputes. They
evaluate religious claims around birth control, circumcision,
modesty, religious education, marriage, polygamy, shared parenting,
corporal punishment, faith healing, divorce, and the end of life.
Authors span legislators, attorneys, academics, journalists,
ministers, physicians, child advocates, and representatives of
minority faiths. The Contested Place of Religion in Family Law
begins an overdue conversation on questions dividing the nation.
The International Society of Family Law is an independent,
international, and non-political scholarly association dedicated to
the study, research and discussion of family law and related
disciplines. The Society’s membership currently includes
professors, lecturers, scholars, teachers, and researchers from
more than 50 different countries, offering a unique opportunity for
networking within a truly international family law community. The
International Survey of Family Law is the annual review of the
International Society of Family Law. It brings together reliable
and clearly structured insights into the latest and most notable
developments in family law from all around the globe. Chapters are
prepared by an international team of selected experts in the field,
usually covering 20 or more jurisdictions in each edition. The 2022
edition of the International Survey includes an extraordinarily
broad review of developments from around the world. It examines the
incorporation of international treaties and European law into
national adjudications, the impact of COVID-19 on custody and other
family law developments, the changing demographic pressures that
influence family organisation, the ability of different legal
systems to manage the parallel religious and secular concerns
underlying family governance, the challenges of immigration and
cross-border disputes for family law, and a review of different
countries’ approaches to family recognition, child and spousal
support, custody, inheritance and other traditional family law
topics.
Same-Sex Marriage and Religious Liberty explores the religious
freedom implications of defining marriage to include same-sex
couples. It represents the only comprehensive, scholarly appraisal
to date of the church-state conflicts virtually certain to arise
from the legal recognition of same-sex marriage. It explores two
principal questions. First, exactly what kind of religious freedom
conflicts are likely to emerge if society embraces same-sex
marriage? A redefinition of marriage would impact a host of laws
where marital status affects legal rights-in housing, employment,
health-care, education, public accommodations, and property, in
addition to family law. These laws, in turn, regulate a host of
religious institutions-schools, hospitals, and social service
providers, to name a few-that often embrace a different definition
of marriage. As a result, church-state conflicts will follow. This
volume anticipates where and how these manifold disputes will
arise. Second, how might these conflicts be resolved? If the
disputes spark litigation under the Free Speech, Free Exercise, or
Establishment Clauses of the First Amendment, who will prevail and
why? When, if ever, should claims of religious liberty prevail over
claims of sexual liberty? Drawing on experience in analogous areas
of law, the volume explores whether it is possible to avoid these
constitutional conflicts by statutory accommodation, or by
separating religious marriage from civil marriage.
"Each chapter contains recommendations for legislators, policy
makers, researchers, and families. This book should be on the desk,
and minds, of legislators, attorneys, social workers and other
mental health professionals who encounter and wish to ameliorate
the effects of violence in the lives of their young constituents,
clients, and patients." -JOURNAL OF CHILD AND FAMILY STUDIES
Questions relating to violence and children surround us in the
media: should V-chips be placed in every television set? How can we
prevent another Columbine school shooting from occurring? How
should pornography on the internet be regulated? The Handbook of
Children, Culture and Violence addresses these questions and more,
providing a comprehensive, interdisciplinary examination of
childhood violence that considers children as both consumers and
perpetrators of violence, as well as victims of it. The Handbook
offers much-needed empirical evidence that will help inform debate
about these important policy decisions. Moreover, it is the first
single volume to consider situations when children are responsible
for violence, rather than focusing exclusively on occasions when
they are victimized. Providing the first comprehensive overview of
current research in the field, the editors have brought together
the work of a group of prominent scholars whose work is united by a
common concern for the impact of violence on the lives of children.
The Handbook of Children, Culture and Violence is poised to become
the ultimate resource and reference work on children and violence
for researchers, teachers, and students of psychology, human
development and family studies, law, communications, education,
sociology, and political science/ public policy. It will also
appeal to policymakers, media professionals, and special interest
groups concerned with reducing violence in children's lives. Law
firms specializing in family law, as well as think tanks, will also
be interested in the Handbook.
Same-Sex Marriage and Religious Liberty explores the religious
freedom implications of defining marriage to include same-sex
couples. It represents the only comprehensive, scholarly appraisal
to date of the church-state conflicts virtually certain to arise
from the legal recognition of same-sex marriage. It explores two
principal questions. First, exactly what kind of religious freedom
conflicts are likely to emerge if society embraces same-sex
marriage? A redefinition of marriage would impact a host of laws
where marital status affects legal rights_in housing, employment,
health-care, education, public accommodations, and property, in
addition to family law. These laws, in turn, regulate a host of
religious institutions_schools, hospitals, and social service
providers, to name a few_that often embrace a different definition
of marriage. As a result, church-state conflicts will follow. This
volume anticipates where and how these manifold disputes will
arise. Second, how might these conflicts be resolved? If the
disputes spark litigation under the Free Speech, Free Exercise, or
Establishment Clauses of the First Amendment, who will prevail and
why? When, if ever, should claims of religious liberty prevail over
claims of sexual liberty? Drawing on experience in analogous areas
of law, the volume explores whether it is possible to avoid these
constitutional conflicts by statutory accommodation, or by
separating religious marriage from civil marriage.
The rights of lesbian, gay, bisexual, and transgender persons
(LGBT) are strongly contested by certain faith communities, and
this confrontation has become increasingly pronounced following the
adjudication of a number of legal cases. As the strident arguments
of both sides enter a heated political arena, it brings forward the
deeply contested question of whether there is any possibility of
both communities' contested positions being reconciled under the
same law. This volume assembles impactful voices from the faith,
LGBT advocacy, legal, and academic communities - from the Human
Rights Campaign and ACLU to the National Association of
Evangelicals and Catholic and LDS churches. The contributors offer
a 360-degree view of culture-war conflicts around faith and
sexuality - from Obergefell to Masterpiece Cakeshop - and explore
whether communities with such profound differences in belief are
able to reach mutually acceptable solutions in order to both live
with integrity.
This book provides a critical examination of and reflection on the
American Law Institute's (ALI) Principles of the Law of Family
Dissolution: Analysis and Recommendations ('Principles', arguably
the most sweeping proposal for family law reform attempted in the
U.S. over the last quarter century. The volume is a collaborative
work of individuals from diverse perspectives and disciplines who
explore the fundamental questions about the nature of family,
parenthood, and child support. The contributors are all recognized
authorities on aspects of family law and provide commentary on the
principles examined by the ALI - fault, custody, child support,
property division, spousal support, and domestic partnerships,
utilizing a wide range of analytical tools, including economic
theory, constitutional law, social science data, and linguistic
analysis. This volume also includes the perspectives of U.S. judges
and legislators and leading family law scholars in the United
Kingdom, Europe, Canada and Australia.
The Fifth Edition of the Perspectives book continues the focus of
providing students, practitioners, and observers with insight into
the ever-changing parameters of laws pertaining to family structure
and responsibilities. Specifically, this book addresses, among
other topics, nonmarital cohabitation, establishment of paternity,
premarital and marital contracting, assisted reproductive
technology, marriage, and divorce. Recent cases and federal and
state statutes address specific topics such as surrogacy
agreements, division of marital and nonmarital property upon
dissolution of cohabitation or divorce, child support guidelines,
and establishing custody rights through parenting agreements or
what is considered in the best interest of the child. And there is
a continuation of discussion illustrating equal protection, liberty
interest, and free exercise in the context of same-sex
relationships, the safety of partners and children, and termination
of parental rights and possible adoption of minors. The
Perspectives book seeks to provide the reader with a grasp of what
is currently the law and a glimpse into where the law may be going.
The rights of lesbian, gay, bisexual, and transgender persons
(LGBT) are strongly contested by certain faith communities, and
this confrontation has become increasingly pronounced following the
adjudication of a number of legal cases. As the strident arguments
of both sides enter a heated political arena, it brings forward the
deeply contested question of whether there is any possibility of
both communities' contested positions being reconciled under the
same law. This volume assembles impactful voices from the faith,
LGBT advocacy, legal, and academic communities - from the Human
Rights Campaign and ACLU to the National Association of
Evangelicals and Catholic and LDS churches. The contributors offer
a 360-degree view of culture-war conflicts around faith and
sexuality - from Obergefell to Masterpiece Cakeshop - and explore
whether communities with such profound differences in belief are
able to reach mutually acceptable solutions in order to both live
with integrity.
Like many beliefs, religious views matter across an individual's
life and the life cycle of a family - from birth to marriage,
through child-rearing, and, eventually, death. This volume examines
clashes over religious liberty within the personal realm of the
family. Against swirling religious beliefs, secular values, and
legal regulation, this volume offers a forward-looking examination
of tensions between religious freedom and the state's protective
function. Contributors unpack some of the Court's recent decisions
and explain how they set the stage for ongoing disputes. They
evaluate religious claims around birth control, circumcision,
modesty, religious education, marriage, polygamy, shared parenting,
corporal punishment, faith healing, divorce, and the end of life.
Authors span legislators, attorneys, academics, journalists,
ministers, physicians, child advocates, and representatives of
minority faiths. The Contested Place of Religion in Family Law
begins an overdue conversation on questions dividing the nation.
This 2006 book provides a critical examination of and reflection on
the American Law Institute's (ALI) Principles of the Law of Family
Dissolution: Analysis and Recommendations ('Principles'), arguably
the most sweeping proposal for family law reform attempted in the
US over the last quarter century. The volume is a collaborative
work of individuals from diverse perspectives and disciplines who
explore the fundamental questions about the nature of family,
parenthood, and child support. The contributors are all recognized
authorities on aspects of family law and provide commentary on the
principles examined by the ALI - fault, custody, child support,
property division, spousal support and domestic partnerships,
utilizing a wide range of analytical tools, including economic
theory, constitutional law, social science data and linguistic
analysis. This volume also includes the perspectives of US judges
and legislators and leading family law scholars in the United
Kingdom, Europe, Canada and Australia.
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