Managing Family Justice in Diverse Societies

New as Paperback
ISBN: 978-1-78225-622-9
Verlag: Hart Publishing

Buch, Englisch, 328 Seiten, Paperback, Format (B × H): 156 mm x 234 mm, Gewicht: 502 g

The aim of this book is to explore what response the law has or should have to different family practices arising from cultural and religious beliefs. The issue has become increasingly debated as western countries have become more culturally diverse. Although discussion has frequently focused on the role Islamic family law should have in these countries, this book seeks to set that discussion within a wider context that includes consideration both of theoretical issues and also of empirical data about the interaction between specific family practices and state law in a variety of jurisdictions ranging from England and Wales to Bangladesh, Botswana, Spain, Poland, France, Israel, Iran and South Africa. The contributors to the 17 chapters approach the subject matter from a variety of perspectives, illustrating its complex and often sensitive nature. The book does not set out to propose any single definitive strategy that should be adopted, but provides material on which researchers, advocates and policymakers can draw in furthering their understanding of and seeking solutions to the problems raised by this significant social development.

Autoren/Hrsg.

Maclean, Mavis

Eekelaar, John

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtspolitik
• Sozialwissenschaften Soziologie | Soziale Arbeit Spezielle Soziologie Rechtssoziologie
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Recht mehrerer Jurisdiktionen, Synopsen
• Rechtswissenschaften Bürgerliches Recht Familienrecht
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtssoziologie, Rechtspsychologie, Rechtslinguistik

Inhaltsverzeichnis

Introduction

Mavis Maclean and John Eekelaar

Part I: Theories, Ideologies and Strategies
1. Law and Community Practices

John Eekelaar

2. Religious Norms in Family Law: Implications for Group and Personal Autonomy

Farrah Ahmed

3. Shadow Boxing with Community Practices: A Response to Eekelaar

Prakash Shah

4. Muslim Dispute Resolution in Britain: Towards a New Framework of Family Law Governance?

Samia Bano
Part II: Regulating the Interaction between Religious and Secular Norms in Different Jurisdictions
5. A 'Deviant' Solution: The Israeli Agunah and the Religious Sanctions Law
Pascale Fournier, Pascal McDougall and Merissa Lichtsztral

6. The Gendered Benefits and Costs of Legal Pluralism for Muslim Family Law in South Africa

Waheeda Amien

7. Assessing the Impact of Legislating for Diversity: The Forced Marriage (Civil Protection) Act 2007

Mavis Maclean

8. Religious Freedom and Protection of the Right to Life in Minors: A Case Study

Teresa Picontó-Novales

9. Cultural Norms, National Laws and Human Rights: How do we Balance Respect for Diversity and the Rights of the Vulnerable? The Case of Under Age Marriage of Roma Girls and Boys in Europe

Jacek Kurczewski and Malgorzata Fuszara

10. Child Access Services in France: A Universal Service serving Diverse Clients

Yasmine Debarge and Benoit Bastard

Part III: Non-state Responses to the Interpenetration of Social Norms between Communities
11. Accommodating Religious Divorce in the Secular State: A Case Study Analysis

Gillian Douglas with Norman Doe, Russell Sandberg, Sophie Gilliat-Ray and Asma Khan

12. How Parties to Sikh Marriages use and are influenced by the Norms of their Religion and Culture when engaging with Mediation

Jagbir Jhutti-Johal
13. Managing Expectations: Negotiating Succession under Plural Legal Orders in Botswana

Anne Griffiths

14. Rights, Women and Human Rights Change in Iran

Nazila Ghanea
15. Muslim Family Law in Bangladesh: Resistance to Secularisation

Farah Deeba Chowdhury

Part IV: Reflections
16. How much Family Conduct do we need to Regulate through Family Law?

Jordi Ribot

17. Variation and Change in Normative Parental Discipline: Persuasion or Legislation?

Marjorie Smith and Ann Phoenix

Über Autor(innen)

Eekelaar, John
John Eekelaar is Emeritus Fellow of Pembroke College, University of Oxford.

Photo courtesy of Faculty of Law, University of Oxford.

Maclean, Mavis
Mavis Maclean is Co-Founder of the Oxford Centre for Family Law and Policy, Department of Social Policy and Intervention, Oxford University and Senior Research Fellow of St Hilda's College, Oxford, UK.

Photo courtesy of the University of Oxford: https://www.spi.ox.ac.uk/people/profile/maclean/index.html

Mavis Maclean CBE, FASS, is the Founding Director of the Oxford Centre for Family Law and Policy and a Senior Research Fellow at St Hilda's College, Oxford.

John Eekelaar FBA, is Emeritus Fellow of Pembroke College, Oxford.