Family Law, Sex and Society


Book Description

Comparative in both approach and framework, Family Law, Sex and Society provides a critical exposition of key areas in family law, exploring their evolution and development within their historical, cultural, political and legal context. Cross-referencing to English law throughout, this comparative textbook pays particular attention to the transformation of marriage; the development of divorce laws; matrimonial property; the legal recognition of unmarried heterosexual and same-sex cohabitants; the universal adoption of the best interests standard for children in domestic and international legislation; and the impact of the Human Rights Act 1998 on family law in a variety of jurisdictions. Divided into different sections, Family Law, Sex and Society includes coverage of: a jurisdictional and historical survey of some of the main themes in Family Law, as well as consideration of the evolution of the Western family the English law relating to divorce, marital property and children and a comparison with the equivalent law in the civil law jurisdictions of France and Germany family law developments in other common law countries such as Australia and New Zealand, selected American jurisdictions, parts of Africa and some Far Eastern countries; and hybrid jurisdictions like Japan and Russia an analysis of the law relating to unmarried cohabitation and domestic partnerships in civil law jurisdictions such as France, Germany and Sweden in comparison to Anglo-American law a comparative analysis of the laws relating to domestic violence. Family Law, Sex and Society offers valuable socio-legal and socio-cultural insights into the practice of family law, and is the only textbook that provides a unified, coherent and comparative approach to the study of family law as it operates in these particular jurisdictions.




Family Law, Sex and Society


Book Description

Comparative in both approach and framework, Family Law, Sex and Society provides a critical exposition of key areas in family law, exploring their evolution and development within their historical, cultural, political and legal context. Cross-referencing to English law throughout, this comparative textbook pays particular attention to the transformation of marriage; the development of divorce laws; matrimonial property; the legal recognition of unmarried heterosexual and same-sex cohabitants; the universal adoption of the best interests standard for children in domestic and international legislation; and the impact of the Human Rights Act 1998 on family law in a variety of jurisdictions. Divided into different sections, Family Law, Sex and Society includes coverage of: a jurisdictional and historical survey of some of the main themes in Family Law, as well as consideration of the evolution of the Western family the English law relating to divorce, marital property and children and a comparison with the equivalent law in the civil law jurisdictions of France and Germany family law developments in other common law countries such as Australia and New Zealand, selected American jurisdictions, parts of Africa and some Far Eastern countries; and hybrid jurisdictions like Japan and Russia an analysis of the law relating to unmarried cohabitation and domestic partnerships in civil law jurisdictions such as France, Germany and Sweden in comparison to Anglo-American law a comparative analysis of the laws relating to domestic violence. Family Law, Sex and Society offers valuable socio-legal and socio-cultural insights into the practice of family law, and is the only textbook that provides a unified, coherent and comparative approach to the study of family law as it operates in these particular jurisdictions.




Family Law Sex and Society


Book Description

The themes of Family Law straddle continents regardless of international borders and legal jurisdictions. Using a comparative framework this book provides critical exposition of the key areas within Family Law exploring the evolution and development of these themes in their historical, cultural, political and legal context. Divided into four parts the text examines the development of English family law, in particular the recent focus on children's rights, property relations and domestic violence, before examining selected common law and civil law jurisdictions. The common law in Australia, New Zealand, some Far Eastern countries and selected American jurisdictions are examined alongside civil law jurisdictions such as France, Germany and Sweden. Finally, a former socialist country, the Russian Federation, is examined as an example of a hybrid jurisdiction, in order to provide a critical, comparative overview of the common issues in Family law. With cross-referencing to English law to the earlier parts of the book, this text is ideal for those seeking a truly comparative analysis of family law. Particular attention is paid to the position of unmarried fathers, the legal position of unmarried cohabitants, the legal approach to same sex couples and the State. The relevance and effect of the Human Rights Act 1998 on English family law is also considered.




Law, Sex, and Christian Society in Medieval Europe


Book Description

This monumental study of medieval law and sexual conduct explores the origin and develpment of the Christian church's sex law and the systems of belief upon which that law rested. Focusing on the Church's own legal system of canon law, James A. Brundage offers a comprehensive history of legal doctrines–covering the millennium from A.D. 500 to 1500–concerning a wide variety of sexual behavior, including marital sex, adultery, homosexuality, concubinage, prostitution, masturbation, and incest. His survey makes strikingly clear how the system of sexual control in a world we have half-forgotten has shaped the world in which we live today. The regulation of marriage and divorce as we know it today, together with the outlawing of bigamy and polygamy and the imposition of criminal sanctions on such activities as sodomy, fellatio, cunnilingus, and bestiality, are all based in large measure upon ideas and beliefs about sexual morality that became law in Christian Europe in the Middle Ages. "Brundage's book is consistently learned, enormously useful, and frequently entertaining. It is the best we have on the relationships between theological norms, legal principles, and sexual practice."—Peter Iver Kaufman, Church History




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




Twins and Deviance


Book Description

This book draws on nearly one thousand cases and anecdotes about twins bending and breaking rules in order to fulfill or flout tenets of twinhood. Society’s unwillingness to contextualize mores and policies to suit twins may perpetuate controversy and law-breaking. Twins and Deviance shows how twins’ allegedly sacred bond violates conventions beginning at conception. Throughout their lives, they may be victimized, tortured, and neglected specifically because of their bond. Twins have lives that matter – their bond is not static or unconditional, it may be fluent and emotional. The book paints a picture of twin individuals whose lives relate to contemporary readers’ and audiences’ lives because they are weird, eccentric, ritualized, fetishized, pornographized, criminalized, and chastised by society; but what is especially interesting about twins is that society has institutionalized controversial practices and traditions sometimes implicitly or explicitly demanding that twinhood be realized or dishonored so that twins comply with social norms and expectations. Offering a truculent, unpretentious, and straightforward representation of contemporary society, Twins and Deviance does not defend or defy society’s strange, niche, and shaded view of twins. Rather, it artfully and sensitively depicts twins as historically and presently seeming like gods, heroes, renegades, saviors, mutations, terrorists, gangs, and betrayers; and skillfully discusses twins’ bodies to elucidate their individuality, decode their correspondence, and explore analytical tributaries new to sociocultural research. Using vivid examples, Twins and Deviance postulates that twins intrigue and entrance singletons because they deviate from norms, embody principles of duality, fulfill self-reflexive fantasies, and symbolize eternal life and the afterlife. The value of twins and twinhood to singletons is evident in psychoanalysis, reflections, religion and mythology, words, and politics; and yet, this is the only book to bring to light the immense depth of this captivating insight. Twins and Deviance challenges and improves previous research by collecting new topics to retool twins and deviance discussions. As such, it is a must-read for students, professors, and audiences engaging in gender, justice, sexuality, legal, and cultural studies, and all researchers conducting twin studies.




Sex, Law, and Society in Late Imperial China


Book Description

This study of the regulation of sexuality in the Qing dynasty explores the social context for sexual behavior criminalized by the state, showing how regulation shifted away from status to a new regime of gender that mandated a uniform standard of sexual morality and criminal liability for all people, regardless of their social status.




Law in Society: Reflections on Children, Family, Culture and Philosophy


Book Description

This collection, written by legal scholars from around the world, offers insights into a variety of topics from children’s rights to criminal law, jurisprudence, medical ethics and more. Its breadth reflects the fact that these are all elements of what can broadly be called ‘law and society’, that enterprise that is interested in law’s place or influence in diffferent aspects of real lives and understands law to be simultaneously symbol, philosophy and action. It is also testament to the broad range of vision of Professor Michael Freeman, in whose honour the volume was conceived. The contributions are divided into categories which reflect his distinguished career and publications, over 85 books and countless articles, including pioneering work on children’s rights, domestic violence, religious law, jurisprudence, law and culture, family law and medicine, ethics and the law, as well as his enduring commitment to interdisciplinarity. The volume begins with work on law in its philosophical, cultural or symbolic realm (Part I: Law and Stories: Culture, Religion and Philosophy), including its commitment to the normative ideal of ‘rights’ (Part II: Law and Rights), and then offfers work on law as coercive state action (Part III: Law and the Coercive State) and as regulator of personal relationships (Part IV: Law and Personal Living). It continues with reflections on the importance of globalisation, both of law and of ‘doing family’ in personal and public life (Part V: Law and International Living) before closing with two reflections on Michael Freeman’s body of work generally, including one from Michael himself (Part VI: Law and Michael Freeman).




Family Law in America


Book Description

For many years family law was viewed as a study of the regulation of relationships of husband and wife and parent and child. Both relationships were clearly defined. In the case of husband and wife, it was through formal legal procedures or informal arrangements called marriage. In the case of parent and child it was either through biology or adoption. Equally defined were the stages by which these relationships were established, maintained, and terminated. By the close of the twentieth century, basic questions about who should be officially designated a family member and by what procedure were being raised both in the legislature and in litigation. In addition, conventional models that had defined domestic relations such as marriage, divorce, and adoption were either being expanded to include contemporary patterns of living arrangements and the current reality or new models were being constructed. In Family Law in America, Professor Sanford N. Katz examines the present state of family law in America. Themes include the tension between individual autonomy and governmental regulation in all aspects of family law, the extent to which relationships established before marriage are being regulated, and how marriage is being redefined to take into account equality of the sexes. It demonstrates how the definition of marriage as a partnership in which the individual spouse's rights are recognized has resulted in protection of the vulnerable spouse and examines fault and no-fault divorce procedures and the extent to which these procedures reflect social realities. This volume describes state intervention into the parent and child relationship and how this is reflected in the reexamination of the privacy of the family unit. It concludes with a discussion of the conventional model of adoption of children and how additional models are being developed to take into account new family forms.




Sex and Society in the World of the Orthodox Slavs 900–1700


Book Description

In this pioneering book, Eve Levin explores sexual behavior among the peoples of Serbia, Bulgaria, and Russia from their conversion to Christianity in the ninth and tenth centuries until the end of the seventeenth century. By ranging across all these societies, Levin is able to fulfill three basic aims: to delineate the general character of sexuality among the Orthodox Slavs, to enrich that account by drawing our attention to regional variations in the sexual mores of these peoples, and to draw suggestive comparisons between the world of the medieval Orthodox Slavs and their contemporaries in the Latin West. Levin begins with a study of the ecclesiastical image of sexuality as expressed in didactic and literary texts, showing that the Orthodox Church was deeply suspicious of sexuality. Her second chapter, on canon law and marfiage, examines the conditions for marriage, divorce, and remarriage, the obligation of the conjugal relationship, and the impact of these rules on social order. Levin looks at church regulations concerning sexual relations among relatives by blood, marriage, spiritual kinship, and adoption in Chapter Three, and she devotes Chapter Four to prohibited sexual practices, both inside and outside of marriage. In the fifth chapter she studies Russian and South Slavic responses to rape, and demonstrates that these societies simultaneously censured violence against women and sanctioned the attitudes and social structures that justified it. Chapter Six deals with the rules on sexual conduct for the clergy, whose job it was to enforce sexual precepts. Throughout her work, Levin argues that, despite its conviction that sexual expression was diabolical, the medieval Orthodox Church approached sexual matters in a surprisingly practical way; its official sexual ethic corresponded to a great degree with popular views. Historians of the Slavic world, both medieval and modern, will welcome this accessible study. It should also attract comparativists who work in such fields as church history, the history of women and the family, and the history of sexuality.