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The last few decades have witnessed dramatic changes affecting the
institutions of family and parenthood. If, in the past, the classic
family was defined sociologically as a pair of heterosexual parents
living together under one roof along with their children, different
sociological changes have led to a rapid and extreme transformation
in the definitions of family, marital relations, parenthood, and
the relationship between parents and children. Dr Yehezkel Margalit
explores whether and to what extent there is room, legally and
ethically, for the use of modern contractual devices and doctrines
to privately regulate the establishment of legal parentage. This
book offers intentional parenthood as the most appropriate and
flexible normative doctrine for resolving the dilemmas which have
surfaced in the field of determining legal parentage. By using the
certainty of contract law, determining the legal status of
parenthood will be seen as the best method to sort out ambiguities
and assure both parental and children rights.
Traditional Jewish family law has persevered for hundreds of years
and rules covering marriage, the raising of children, and divorce
are well established; yet pressures from modern society are causing
long held views to be re-examined. The Jewish Family: Between
Family Law and Contract Law examines the tenets of Jewish family
law in the light of new attitudes concerning the role of women,
assisted reproduction technologies, and prenuptial agreements.
Through interdisciplinary research combining the legal aspects of
family law and contract law, it explores how the Jewish family can
cope with both old and modern obstacles and challenges. Focusing on
the nexus of Jewish family law and contract law to propose how
'freedom of contract' can be part of how family law can be
interpreted, The Jewish Family will appeal to practitioners,
activists, academic researchers, and laymen readers who are
interested in the fields of law, theology, and social science.
Traditional Jewish family law has persevered for hundreds of years
and rules covering marriage, the raising of children, and divorce
are well established; yet pressures from modern society are causing
long held views to be re-examined. The Jewish Family: Between
Family Law and Contract Law examines the tenets of Jewish family
law in the light of new attitudes concerning the role of women,
assisted reproduction technologies, and prenuptial agreements.
Through interdisciplinary research combining the legal aspects of
family law and contract law, it explores how the Jewish family can
cope with both old and modern obstacles and challenges. Focusing on
the nexus of Jewish family law and contract law to propose how
'freedom of contract' can be part of how family law can be
interpreted, The Jewish Family will appeal to practitioners,
activists, academic researchers, and laymen readers who are
interested in the fields of law, theology, and social science.
The last few decades have witnessed dramatic changes affecting the
institutions of family and parenthood. If, in the past, the classic
family was defined sociologically as a pair of heterosexual parents
living together under one roof along with their children, different
sociological changes have led to a rapid and extreme transformation
in the definitions of family, marital relations, parenthood, and
the relationship between parents and children. Dr Yehezkel Margalit
explores whether and to what extent there is room, legally and
ethically, for the use of modern contractual devices and doctrines
to privately regulate the establishment of legal parentage. This
book offers intentional parenthood as the most appropriate and
flexible normative doctrine for resolving the dilemmas which have
surfaced in the field of determining legal parentage. By using the
certainty of contract law, determining the legal status of
parenthood will be seen as the best method to sort out ambiguities
and assure both parental and children rights.
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