Pasolini's Italian Premonitions

Same-Sex Unions and the Law in Comparative Perspective
Erscheinungsjahr 2014
ISBN: 978-0-85490-135-7
Verlag: Wildy, Simmonds and Hill Publishing

Buch, Englisch, 350 Seiten, Format (B × H): 156 mm x 236 mm, Gewicht: 674 g

Reihe: JCL Studies in Comparative Law

This book considers legal, procedural, and social aspects of the development of the phenomena of same-sex unions and their disputes across a broad range of jurisdictions over the past three decades. It offers a comparative analysis within the discourses of family law, anchoring that analysis in an empirical account of relevant developments, and the controversies surrounding them, in Italy. The study focuses on Italy as a revealing case-study of the issues, because it is a jurisdiction where the arguments for and against legal recognition of same-sex unions have been put forward within a particularly close relationship between legal developments, culture, social values (including religion) and political interests. From that empirical focus, the book proceeds to a comparative study, analysing effects and consequences of same-sex unions and disputes in other selected jurisdictions, and showing the manner in which law and society, including religion, have influenced each other in this area.

The study argues that legal recognition of same-sex unions is not a manifestation of tolerance but rather is a development within society and its law depending on several cultural factors. It emphasises that same-sex unions have long been part of family law in many cultures around the world. Despite their importance, the sometimes long-established accounts of same-sex unions and disputes have been an almost completely neglected area of study in comparative family law. The reason for such neglect of practices and discourses lies mainly in the methodology used in comparative family law.

In order to reach these conclusions, and underpinning the comparative aspects of the study, this book draws upon not only legal, but also anthropological analysis of social values, religious attitudes, and law regarding same-sex unions and disputes.

The book is intended as contribution to the study of comparative legal studies and access to justice, and by considering legal and social developments in the Italian legal culture it also fills a gap in the literature by offering a detailed analysis of legal and social developments of issues and debates related to the rights of same-sex couples in Italy.

Autoren/Hrsg.

Moscati, Maria Federica

Inhaltsverzeichnis

PART A: INTRODUCTION AND BACKGROUND
CHAPTER ONE: Introductory Theoretical and Methodological Background
1.1 Introduction
1.2 Methodological considerations
1.3 Historical Context
1.4 Theoretical perspective
1.5 Significance of the study
1.6 Structure of the study
CHAPTER TWO: Socio-Historical Contexts of Same-Sex Unions
2.1 Introduction
2.2 Same-Sex Unions: contemporary debates
2.3 Same-Sex Unions: contemporary legal forms
2.4 Empirical Evidence (I): marriages between women in African societies
2.5 Empirical Evidence (II): contract of fraternitas
2.6 Conclusion
PART B: DEBATING LEGAL RECOGNITION
OF SAME-SEX UNIONS: THE ITALIAN CASE
CHAPTER THREE: Slowly Embracing Reform: Proposing
and Practising Change in Italy
3.1 Introduction
3.2 Marriage and family in Italian law
3.3 Legislative proposals to introduce same-sex unions in Italian law
3.4 Social response Italian style: the reality of same-sex families and the recognition of same-sex couples by local authorities
3.5 Conclusion
CHAPTER FOUR: Same-Sex Couples in Italian Courts
4.1 Introduction
4.2 Same sex marriages in Italian courts
4.3 Italian Constitutional Court on same-sex marriage
4.4 Recognition of same-sex marriages registered abroad
4.5 Extension of residence permit to married same-sex couples
4.6 Disputes between partners: same-sex parents in court
4.7 Conclusion
CHAPTER FIVE: Why does Italy fail to give legal recognition to same-sex unions?
5.1 Introduction
5.2 The public function of the Italian family
5.3 Same-Sex unions entrapped by religious politics
5.4 Homosexuality between political invisibility and tolerance
5.5 Other cultural factors
5.5 Conclusion
PART C: SAME-SEX UNIONS AND THEIR DISPUTES
IN COMPARATIVE PERSPECTIVE
CHAPTER SIX: From resistance to acceptance: the theory and practice of same-sex unions in comparative discourses
6.1 Introduction
6.2 Comparative analysis of Italy and Spain
6.3 Children’s rights and same-sex unions
6.4 Recognition of same-sex unions in foreign jurisdictions: comparative analysis of case law in Italy, Israel and England
6.5 Conclusion
CHAPTER SEVEN: Issues of Access to Justice and Dispute Resolution for Same-Sex Partners in Comparative Perspective
7.1 Introduction
7.2 Individual autonomy as procedural autonomy
7.3 Cause lawyers and litigation strategy
7.4 Fitting the forum to the fuss
7.5 Conclusion
PART D: CONCLUSION
CHAPTER EIGHT: Concluding Thoughts
8.1 Introduction
8.2 Socio-Historical context of legal recognition of same-sex unions and their disputes
8.3 The Italian scene
8.4 Access to justice movement
8.5 Final considerations
GLOSSARY OF ITALIAN LEGAL TERMS USED IN
THIS BOOK
APPENDIX I: Legislative Proposals on Civil Unions including
same-sex couples
APPENDIX II: Petition - Support Freedom to Marry in Italy
APPENDIX III: Contract of Fraternitas
REFERENCES AND OTHER RELEVANT SOURCES
LIST OF LEGAL STATUTES QUOTED
TABLE OF CASES
FILMS
WEBSITES
INDEX