Family Law and Culture in Europe


Book Description

Proceedings of the fifth conference of the Commission on European Family Law on "Family Law and Culture in Europe: Developments, Challenges and Opportunities" held in Bonn, Germany in August of 2013.




Family, Religion and Law


Book Description

This collection discusses how official legal systems do and should respond to the reality of a plurality of family types and origins within their jurisdictions. It further examines the challenges that arise for practitioners, including lawyers and judges, when faced with such plurality. Focussing on empirical research, the volume presents legal and sociological data of unprecedented comparative depth. It also includes a discussion of how members of minority families respond to the need to organise their legal relationships, and to resolve their disputes in the shadow of official legal systems which differ from those of their familial and communal traditions. The work invites reflection, and demonstrates the urgency and complexity of the questions regarding the search for justice in the field of family life in Europe today.




The History of Law in Europe


Book Description

Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe’s political, economic, social and cultural developments.




Perspectives for the Unification and Harmonisation of Family Law in Europe


Book Description

Is the unification and harmonisation of (international) family law in Europe necessary? Is it feasible, desirable and possible? Reading the different contributions to this book may certainly inspire those who would like to find the right answers to these questions.




Common Core and Better Law in European Family Law


Book Description

This volume contains twenty-three contributions delivered at the CEFL's second international conference which took place in Utrecht in December 2004. The interventions written by both experienced family experts as well as young researchers cover those fields of family law that are closely related to the activities of the CEFL: (1) divorce and maintenance between former spouses, (2) parental responsibilities, (3) informal long-term relationships and (4) the revised Brussels II Regulation. Furthermore, the opening two contributions deal not only with essential aspects of the harmonisation process of family law in Europe but also with the CEFL's working method.




Cultural Sociology of Divorce


Book Description

While the formal definition of divorce may be concise and straightforward (legal termination of a marital union, dissolving bonds of matrimony between parties), the effects are anything but, particularly when children are involved. The Americans for Divorce Reform estimates that "40 or possibly even 50 percent of marriages will end in divorce if current trends continue." Outside the U.S., divorce rates have markedly increased across developed countries. Divorce and its effects are a significant social factor in our culture and others. It might be said that a whole "divorce industry" has been constructed, with divorce lawyers and mediators, family counselors, support groups, etc. As King Henry VIII′s divorces showed, divorce has not always been easy or accepted. In some countries, divorce is not permitted and even in Europe, countries such as Spain, Italy, Portugal, and the Republic of Ireland legalized divorce only in the latter quarter of the 20th century. This multi-disciplinary encyclopedia covers curricular subjects related to divorce as examined by disciplines ranging from marriage and the family to anthropology, social and legal history, developmental and clinical psychology, and religion, all through a lens of cultural sociology. Features: 550 signed entries, A-to-Z, fill 3 volumes (1,500 pages) in print and electronic formats, offering the most detailed reference work available on issues related to divorce, both in the U.S. and globally. Cross-References and Further Readings guide readers to additional resources. A Chronology provides students with context via a historical perspective of divorce. In the electronic version, the comprehensive Index combines with Cross-References and thematic Reader′s Guide themes to provide convenient search-and-browse capabilities. For state and nation entries, uniform entry structure combined with an abundance of statistics facilitates comparison between and across states and nations. Appendices provide further annotated sources of data and statistics.




Parental Life Courses after Separation and Divorce in Europe


Book Description

This open access book assembles landmark studies on divorce and separation in European countries, and how this affects the life of parents and children. It focuses on four major areas of post-separation lives, namely (1) economic conditions, (2) parent-child relationships, (3) parent and child well-being, and (4) health. Through studies from several European countries, the book showcases how legal regulations and social policies influence parental and child well-being after divorce and separation. It also illustrates how social policies are interwoven with the normative fabric of a country. For example, it is shown that father-child contact after separation is more intense in those countries which have adopted policies that encourage shared parenting. Correspondingly, countries that have adopted these regulations are at the forefront of more egalitarian gender role attitudes. Apart from a strong emphasis on the legal and social policy context, the studies in this volume adopt a longitudinal perspective and situate post-separation behaviour and well-being in the life course. The longitudinal perspective opens up new avenues for research to understand how behaviour and conditions prior or at divorce and separation affect later behaviour and well-being. As such this book is of special appeal to scholars of family research as well as to anyone interested in the role of divorce and separation in Europe in the 21st century.




Principles of European Family Law Regarding Property Relations Between Spouses


Book Description

The Principles of European Family Law - drafted by the Commission on European Family Law (CEFL) - contain models which may be used for the harmonization of family law in Europe. This book contains the Principles regarding property relations between spouses. In these Principles, the CEFL has developed an all-inclusive set of rules for two matrimonial property regimes: the participation in acquisitions and the community of acquisitions. Both regimes have been put on an equal footing. Each matrimonial property regime, whether it functions as a default or as an optional regime, is strongly connected with the rights and duties of the spouses and the possibility for them to make a marital property agreement. These issues have also been addressed by including two common chapters on the general rights and duties of spouses and on marital property agreements, which are to be applied regardless of which of the regimes applies. (Series: European Family Law - Vol. 33)




The European Human Rights Culture - A Paradox of Human Rights Protection in Europe?


Book Description

The European Human Rights Culture – A Paradox of Human Rights Protection in Europe? analyses the political term “European Human Rights Culture”, a term first introduced by EU Commission President Barroso. Located in the fields of comparative law and European law, this book analyses, through first-hand interviews with the European judiciary, the judicial perspective on the European human rights culture and sets this in context to the political dimension of the term. In addition, it looks at the structures and procedures of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR), and explains the embedding of the Courts’ legal cultures. It offers an in-depth analysis of the margin of appreciation doctrine at both the CJEU and ECtHR, and shows its value for addressing human rights grievances. This book is novel in that it combines interviews and case-law analysis to show how a mix of differences on the bench are legally amalgamated to resolve probing legal questions and human rights issues. It shows, through a combined analysis of case-law and recent political developments for European human rights, the tensions between judicial and political approaches and the paradox of human rights protection in Europe. It also offers in-depth knowledge of the European human rights discourse. In addition to a rich study of legal materials, the book looks inside the box by adding the judiciary’s perspective. Human rights are widely acknowledged in European societies and cases claiming human rights violations are increasing at both the CJEU and ECtHR. In these times of increased human rights awareness, this book uncovers a paradox in European human rights protection which is created by the push-and-pull between judicial and political interests.




New Perspectives on European Women's Legal History


Book Description

This book integrates women’s history and legal studies within the broader context of modern European history in the late nineteenth and twentieth centuries. Sixteen contributions from fourteen countries explore the ways in which the law contributes to the social construction of gender. They analyze questions of family law and international law and highlight the politics of gender in the legal professions in a variety of historical, social and national settings, including Eastern, Southern, Western, Northern and Central Europe. Focusing on different legal cultures, they show us the similarities and differences in the ways the law has shaped the contours of women and men’s lives in powerful ways. They also show how women have used legal knowledge to struggle for their equal rights on the national and transnational level. The chapters address the interconnectedness of the history of feminism, legislative reforms, and women’s citizenship, and build a foundation for a comparative vision of women’s legal history in modern Europe.