Rights, Gender and Family Law


Book Description

There has been a widespread resurgence of rights talk in social and legal discourses pertaining to the regulation of family life, as well as an increase in the use of rights in family law cases, in the UK, the US, Canada and Australia. Rights, Gender and Family Law addresses the implications of these developments – and, in particular, the impact of rights-based approaches upon the idea of welfare and its practical application. There are now many areas of family law in which rights and welfare based approaches have been forced together. But whilst, to many, they are premised upon different ethics – respectively, of justice and of care – for others, they can nevertheless be reconciled. In this respect, a central concern is the 'gender-blind' character of rights-based approaches, and the ontological and practical consequences of their employment in the gendered context of the family. Rights, Gender and Family Law explores the tensions between rights-based and welfare-based approaches: explaining their differences and connections; considering whether, if at all, they are reconcilable; and addressing the extent to which they can advantage or disadvantage the interests of women, children and men. It may be that rights-based discourses will dominate family law, at least in the way that social policy and legislation respond to calls of equality of rights between mothers and fathers. This collection, however, argues that rights cannot be given centre-stage without thinking through the ramifications for gendered power-relations, and the welfare of children. It will be of interest to researchers and scholars working in the fields of family law, gender studies and social welfare.




Gender, Religion, and Family Law


Book Description

Groundbreaking theoretical and legal approaches to resolving conflicts between gender equality and cultural practices




Family Law, Gender and the State


Book Description

The third edition of this work on family law, comprising text, cases and materials, provides not only an explication of legal principle but also explores, primarily from a feminist perspective, some of the assumptions about, and constructions of, gender, sexual orientation, class and culture that underlie the law. It examines the ideology of the family and, in particular, the role of the law in contributing to and reproducing that ideology. Structured around the themes of equality, welfare, and family privacy, the book aims to offer the benefits of a textbook while also giving students a wide-ranging set of materials for classroom discussion. As well as providing a firm grounding in family law, the text sets the law in its social and historical context and encourages a critical approach by students to the subject. It provides an ideal introduction to family law for undergraduates, but will be equally helpful for postgraduate students of family law for whom it provides a challenging selection of materials set within a theoretical framework rich in ideas and arguments. Review of the second edition: 'Diduck and Kaganas examine legal developments to shed light on society, principally by investigating the ways in which family law constructs and regulates family life and responsibilities. Theirs is an important and ambitious book that aims ultimately at a feminist restatement of family law. .... [T]he [book] is written and referenced in such depth that it is a useful resource for legal as well as social science researchers at all levels, whether looking for theoretical inspiration or drawing up a literature review. The range of diverse sources that Diduck and Kaganas draw on is impressive: they seem to have included every bit of material that helps feminists make sense of family law. There is a well-pitched selection of further reading of such material at the end of each chapter. What's more, they undersell themselves by describing their book as "Text, Cases and Materials", because they have woven by far the largest proportion of the cases and materials into the text.' Helen Reece, Times Higher Education, May 2007. Reviews of first edition: 'A stimulating work which attempts to situate family law in its social, historical and political context. Its appeal should not be confined to family law students, as its commitment to a critical and analytical approach offers insights and ideas with broader significance.' Mary Childs, Child and Family Law Quarterly, September 2002 'The arguments are provocative, the analysis is stimulating and the materials amassed strongly support the authors' aim to question the "axiomatic status of what is traditionally designated as the family".' Fiona E Raitt, Infant and Child Development, September 2002 'It is not often that one can say of a textbook in Law that it "makes interesting reading" with quite the enthusiasm that can be expressed for this text. This new publication offers something that few textbooks seem to offer - a book you CAN open up virtually anywhere and find an interesting piece on almost any aspect of the broad family law spectrum.' Penny Booth, The Law Teacher, September 2002 'All the major themes in feminist and constructionist perspectives in family law are presented together with a wealth of readings and extensive references. As a teaching manual, it is excellent - a coherent feminist perspective across the entire range of family law' Marty Slaughter, Feminist Legal Studies, July 2003




Palestinian Women and Muslim Family Law in the Mandate Period


Book Description

In this volume, Brownson sheds new light on Palestinian Muslim women’s agency in shari‘a courts from the British Mandate period to the present. Her extensive archival research on wife-initiated maintenance claims, divorce, and child custody cases deepens our understanding of women’s position in the courts, demonstrating that Muslim women were and are active participants in their legal affairs. Using court registers and interviews, Brownson uncovers a variety of ways women have manipulated the system to their benefit despite its patriarchal bias. She also finds that few reforms were implemented during the Mandate period. The British were uninterested in improving colonized women’s legal status and sought to avoid further antagonizing Palestinians. At the same time, Palestinians wished to uphold the one indigenous institution they still controlled while both British rule and Zionism threatened their nationalist aspirations. Although Palestinian women have had few alternatives to using this male privileged system to redress grievances with their husbands and in-laws, they continue to resist its injustices every day. Brownson finds that women’s understanding of family law fundamentals has enabled some to deftly navigate the system; however, a unified, reformed law reflecting society's current needs is required so women can have full access to their rights.




Gender and Equality in Muslim Family Law


Book Description

Dante is one of the towering figures of medieval European literature. Yet many riddles and questions about him persist. By re-reading Dante with an open mind, Barbara Reynolds made remarkable discoveries and unlocked previously hidden secrets about this greatest of Florentine poets. A fundamental enigma has tantalised readers of the 'Commedia' for seven centuries. Who was the leader prophesied by Virgil and Beatrice to bring peace to the world? Many attempts have been made to identify him, but none has seemed conclusive - until now. As well as proposing a solution to the famous prophecies, this lively, engaging and elegantly-written biography contains a provocative new idea in virtually every chapter. Dr Reynolds' research indicates that Dante smoked cannabis to reach new heights of creativity. That Beatrice, Dante's great love, was not who most scholars think she was. That Dante was a talented public speaker, who created a quite new form of poetic art, holding audiences spellbound. Above all, Reynolds views Dante as one of the greatest spin-doctors of Western civilization. His aim was not to preach an interesting parable about punishments for sin and rewards for virtue. It was to use poetry to change the politics of the age, and unite Europe around the secular authority of an Emperor. To promote this idea, which dominated his writings from his exile onwards, Dante combined it with a dramatic presentation of the Christian belief in Hell, Purgatory and Heaven. Vividly told in the first person, with a colour and immediacy derived from the pop art of street narrators - now made to seem respectable by its use of classical predecessors like Virgil - this extraordinary journey through the three realms was always profoundly political in intent. Dante here comes alive as never before: irate, opinionated, settling scores - a man of mutifaceted gifts and extraordinary genius, whose role as an interpreter of world history makes him more than ever relevant to the new millennium.




Women in Muslim Family Law


Book Description

Expands and updates family law as it pertains to women with regard to marriage, divorce and inheritance throughout the Middle East.This second revised edition of John L. Esposito's landmark work expands and updates coverage of family law reforms -- marriage, divorce, and inheritance -- throughout the Middle East, North Africa, South and Southeast Asia. Copyright © Libri GmbH. All rights reserved.




Ageing, Gender and Family Law


Book Description

This book explores the intersecting issues relating the phenomenon of ageing to gender and family law. The latter has tended to focus mainly on family life in young and middle age; and, indeed, the issues of childhood and parenting are key in many family law texts. Family life for older members has, then, been largely neglected; addressing this neglect, the current volume explores how the issues which might be important for younger people are not necessarily the same as those for older people. The significance of family, the nature of family life, and the understanding of self in terms of one’s relationships, tend to change over the life course. For example, the state may play an increasing role in the lives of older people – as access to services, involvement in work and the community, the ability to live independently, and to form or maintain caring relationships, are all impacted by law and policy. This collection therefore challenges the standard models of family life and family law that have been developed within a child/parent-centred paradigm, and which may require rethinking in the turn to family life in old age. Interdisciplinary in its scope and orientation, this book will appeal not just to academic family lawyers and students interested in issues around family law, ageing, gender, and care; but also to sociologists and ethicists working in these areas.




Transgender Family Law


Book Description

Transgender people have unique needs and vulnerabilities in the family law context. Any family law attorney engaged in representing transgender clients must know the ins and outs of this rapidly developing area of law. Transgender Family Law: A Guide to Effective Advocacy is the first book to comprehensively address legal issues facing transgender people in the family law context and provide practitioners the tools to effectively represent transgender clients. The chapters address a broad range of topics, including: Culturally Competent Representation, Recognition of Name and Sex, Relationship Recognition and Protections, Protecting Parental Rights, Relationship Dissolution, Parental Rights after Relationship Dissolution, Custody Disputes Involving Transgender Children, Protections for Transgender Youth, Intimate Partner Violence, Estate Planning and Elder Law. Written by attorneys with expertise in both family law and advocacy for transgender clients, including: Kylar W. Broadus, Patience Crozier, Benjamin L. Jerner, Michelle B. LaPointe, Jennifer L. Levi, Morgan Lynn, Shannon Price Minter, Elizabeth E. Monnin-Browder, Zack M. Paakkonen, Terra Slavin, Wayne A. Thomas Jr., Deborah H. Wald, and Janson Wu, Transgender Family Law is a must-have, practical guide for attorneys interested in becoming effective advocates for their clients. It is also a valuable resource to consult for any transgender person who is forming, expanding, or dissolving a family relationship.




Family, Gender, and Law in a Globalizing Middle East and South Asia


Book Description

The essays in this collection examine issues of gender, family, and law in the Middle East and South Asia. In particular, the authors address the impact of colonialism on law, family, and gender relations; the role of religious politics in writing family law and the implications for gender relations; and the tension between international standards emerging from UN conferences and conventions and various nationalist projects. Employing the frame of globalization, the authors highlight how local and global forces interact and influence the experience and actions of people who engage with the law. By virtue of a "south-south" comparison of two quite similar and culturally linked regions, contributors avoid positing "the West" as a modern telos. Drawing upon the fields of anthropology, history, sociology, and law, this volume offers a wide-ranging exploration of the complicated history of jurisprudence with regard to family and gender.




Family Law and Gender Bias


Book Description

Blues, by Steven H. Hobbs