Legal Recognition of Non-Conjugal Families
Legal Recognition of Non-Conjugal Families

Author: Nausica Palazzo

Publisher: Bloomsbury Publishing

Published: 2021-02-25

Total Pages: 245

ISBN-13: 1509939970

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This book argues that insufficient recognition of new families is a legal problem that needs fixing in light of recent evolutions in family patterns and normative conceptions of 'family'. People increasingly invest in relationships falling outside the model of the marital family, such as non-conjugal unions of friends or relatives, polyamorous relationships and various religious-based families. Despite this, Western jurisdictions retain the marital family as the relevant basis for allocating family law benefits, rights and obligations. Part I of the book illustrates recent evolutions in family patterns and norms, and explores how law can accommodate multiple family grids without legal recognition involving normalisation. Part II focuses on courtroom litigation on the basis that courts nowadays are central avenues of social change. It takes non-conjugal families as a case study and provides an analysis of the most compelling argumentative strategies that non-conjugal families can mobilise to pursue legal recognition in Canada and the United States, and within the systems of the European Convention of Human Rights and the European Union. Through its comparative, interdisciplinary and critical legal method, the book provides scholars, activists and policymakers with conceptual tools to tackle the current invisibility of new families. Further, by advancing legal arguments to enhance the protection of non-conjugal families in courtrooms, the book illuminates the different approaches jurisdictions are likely to take and the hindrances thereof to overcome and debunk stereotypes associated with proper familyhood.

Research Handbook on Family Property and the Law
Research Handbook on Family Property and the Law

Author: Margaret Briggs

Publisher: Edward Elgar Publishing

Published: 2024-06-05

Total Pages: 533

ISBN-13: 1802204687

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This pivotal Research Handbook analyses the interconnectedness of family property and the law through historical, contemporary, comparative and jurisdiction-specific lenses. Authors analyse some of the most well-known, contested and politicised legal developments in the field of family property law.

Relationships Rights and Legal Pluralism
Relationships Rights and Legal Pluralism

Author: Mateusz Stępień

Publisher: Taylor & Francis

Published: 2024-08-01

Total Pages: 228

ISBN-13: 1040100953

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This interdisciplinary book brings together leading social and legal scholars to tackle the incompatibility of marriage laws with contemporary social reality in Europe. Their critique is based on the assumption that individuals should be able to choose how they organise their close relationships. The contributors emphasise the importance of pluralism of beliefs, values, cultures, and lifestyles and the consequent need for legal recognition to make individuals' private choices valid and respected. The first part of the book establishes the foundation for the subsequent chapters by exploring the advantages and challenges of focusing on values while accommodating relationship design plurality, the impact of the European Court of Human Rights on the issue, and the transformation of the institution of marriage. The second part presents different legal responses to non-state marriages, particularly religious marriages among Muslim communities, and proposals for reform. The third part of the book features empirical research on the marital experiences of two communities: Muslims and migrants. The chapters concentrate on polygyny among female converts to Islam, the importance of religious knowledge for practising Muslim women in securing rights in their marital relationships, transnational and interreligious marriages, and the impact of acculturative orientation and position in the dual labour market on the choice of life partner among Polish migrant women. The book will be of interest to academics, researchers, and policymakers working in the areas of human rights law, family law, legal anthropology, law and religion, socio-legal studies, feminism and queer studies, and sociology of family.

Queer and Religious Alliances in Family Law Politics and Beyond
Queer and Religious Alliances in Family Law Politics and Beyond

Author: Nausica Palazzo

Publisher:

Published: 2024-05-07

Total Pages: 0

ISBN-13: 9781839992551

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Family law is a site of social conflict and the erasure of non-traditional families. This book explores how conservative religious and progressive queer groups can cooperatively work together to expand family law's recognition beyond the traditional state-sponsored family. This book also looks to future arenas of queer and religious political cooperation beyond family law.

The 100-Year Life
The 100-Year Life

Author: Lynda Gratton

Publisher: Bloomsbury Publishing

Published: 2020-05-28

Total Pages: 299

ISBN-13: 152662284X

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What will your 100-year life look like? A new edition of the international bestseller, featuring a new preface 'Brilliant, timely, original, well written and utterly terrifying' Niall Ferguson Does the thought of working for 60 or 70 years fill you with dread? Or can you see the potential for a more stimulating future as a result of having so much extra time? Many of us have been raised on the traditional notion of a three-stage approach to our working lives: education, followed by work and then retirement. But this well-established pathway is already beginning to collapse – life expectancy is rising, final-salary pensions are vanishing, and increasing numbers of people are juggling multiple careers. Whether you are 18, 45 or 60, you will need to do things very differently from previous generations and learn to structure your life in completely new ways. The 100-Year Life is here to help. Drawing on the unique pairing of their experience in psychology and economics, Lynda Gratton and Andrew J. Scott offer a broad-ranging analysis as well as a raft of solutions, showing how to rethink your finances, your education, your career and your relationships and create a fulfilling 100-year life. · How can you fashion a career and life path that defines you and your values and creates a shifting balance between work and leisure? · What are the most effective ways of boosting your physical and mental health over a longer and more dynamic lifespan? · How can you make the most of your intangible assets – such as family and friends – as you build a productive, longer life? · In a multiple-stage life how can you learn to make the transitions that will be so crucial and experiment with new ways of living, working and learning? Shortlisted for the FT/McKinsey Business Book of the Year Award and featuring a new preface, The 100-Year Life is a wake-up call that describes what to expect and considers the choices and options that you will face. It is also fundamentally a call to action for individuals, politicians, firms and governments and offers the clearest demonstration that a 100-year life can be a wonderful and inspiring one.

Bromley's Family Law
Bromley's Family Law

Author: Nigel V. Lowe

Publisher: Oxford University Press, USA

Published: 2015

Total Pages: 1237

ISBN-13: 0199580405

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'Bromley's Family Law' is a well-established and popular textbook with students and practitioners alike. This edition has been updated to take into account recent developments in family law.

Nameless Persons
Nameless Persons

Author: Martha T. Zingo

Publisher: Praeger

Published: 1994-08-09

Total Pages: 200

ISBN-13:

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This study examines the legal discrimination suffered in the United States by children born out of wedlock. The authors analyze the Supreme Court's equal protection birth status decisions from 1968 to 1992 and, in a case-by-case analysis, trace the development of the Court's rulings, examine the pattern of equal protection tests utilized, and evaluate the consistency of the Court's position. In addition, the work examines the related discrimination suffered by the families of non-marital children, especially single parents and alternative family units, and concludes that it is impossible to gain full equality for children born out of wedlock unless equality is also gained for their family unit. Toward these ends, the authors suggest a feminist jurisprudence as a methodology for addressing the underlying issue at the crux of birth status distinctions.

Biology, Genetics, Nurture, and the Law
Biology, Genetics, Nurture, and the Law

Author: Myrisha S. Lewis

Publisher:

Published: 2016

Total Pages: 0

ISBN-13:

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Currently, there are at least five bases for recognizing parentage: biology, genetics, intent, marriage, and functional or de facto parentage. These many bases for parentage, combined with the realities of reproduction, cohabitation, and family interaction, are the reason why children can have more than two parents. In many states, however, to have three instead of two parents is legally impossible. For example, statutory restrictions may require the demonstration of one or two legal parents' unfitness as parents before a third party can be granted parental rights; these restrictions also prevent the assertion of de facto parenthood. Limiting the number of parents a child can have is noticeably disadvantageous for a child with three fit, putative parents, as the child would be deprived of a parent-child relationship. Indeed, without the legal recognition of full parentage, children may be deprived of important sources of financial support and contact with their perceived parents, which may be traumatic to them. Drawing from the best interests of the child standard, this article introduces a new doctrine for parental recognition, “parentage in praxi,” which requires (1) that a putative parent complete statutorily delineated requirements that culminate in them standing “in the shoes of a parent,” and (2) that state law operate to allow a child to have more than two parents -- if doing so would be in the best interests of the child. A parent in praxi would have the same rights and obligations as a legal parent. By recognizing parentage in praxi, states can protect the relationships that children have formed with putative parents who may not be currently recognized as legal parents, regardless of the parents' legal status in any sphere not concerning the well-being of the child (e.g., marital status, familial status, or gender).

What is The Family of Law?
What is The Family of Law?

Author: Alan Brown

Publisher: Bloomsbury Publishing

Published: 2019-02-07

Total Pages: 205

ISBN-13: 1509919597

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This book argues that the legal understanding of 'family' in the UK continues to be underpinned by the idealised image of the 'nuclear family', premised upon the traditional, gendered roles of 'father as breadwinner' and 'mother as homemaker'. This examination of the law's model of the 'family' has been prompted by the substantial reforms that have taken place in family law in recent decades, and the significant evolution in social attitudes and familial practices that has occurred in parallel. Throughout the book, the influence of the nuclear family is noted in several different contexts: various specific legal definitions of 'family', the legal regulation of adult, conjugal relationships, the attribution of legal parenthood and the construction of the role of the 'parent' within the law. Ultimately, this book argues that while these reforms have resulted in additional categories of relationship coming to be situated within the nuclear family model, there has not, as yet, been any fundamental alteration of the underpinning concept of the nuclear family itself. This book concludes by considering the possibilities offered beyond the 'nuclear family'; exploring the reconceptualising of the legal understanding of 'family' around alternative and potentially 'radical' models of 'family'.