Reforming Family Law

Reforming Family Law

Author: Dörthe Engelcke

Publisher: Cambridge University Press

Published: 2019-03-07

Total Pages: 287

ISBN-13: 110849661X

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Implementation of Islamic family law varies widely across North Africa and the Middle East, here Dörthe Engelcke explores the reasons for this.


Islamic Family Law in a Changing World

Islamic Family Law in a Changing World

Author: ʻAbd Allāh Aḥmad Naʻīm

Publisher: Zed Books

Published: 2002-08

Total Pages: 340

ISBN-13: 9781842770931

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In "Islamic Family Law in a Changing World," Abdullahi A. An-Na'im explores the practice of the Shari'a, commonly known as Islamic Family Law. An-Na'im shows that the practical application of Shari'a principles is often modified by theological differences of interpretation, a country's particular customary practices, and state policy and law.


Guide to Equality in the Family in the Maghreb

Guide to Equality in the Family in the Maghreb

Author: Ahmad Kazemi Moussavi

Publisher: Women's Learning Partners

Published: 2005-11

Total Pages: 228

ISBN-13:

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Over three years ago, Collectif 95 Magheb-Egalité began an ambitious project to develop and disseminate to human rights activists a guide to equality in both the family and the private sector in the Maghreb. The result is a handbook that contributes to the debate about women's rights and Islamic law, citing, in particular, that Islam is not chiefly responsible for the current status of women and the discriminatory laws under which they suffer. This book provides tools in the effective construction of arguments and communication techniques designed to establish a dialogue. Women’s Learning Partnership (WLP) for Rights, Development, and Peace empowers women and girls in the Global South to re-imagine and restructure their roles in their families, communities, and societies.


Reforming Juvenile Justice

Reforming Juvenile Justice

Author: National Research Council

Publisher: National Academies Press

Published: 2013-05-22

Total Pages: 463

ISBN-13: 0309278937

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Adolescence is a distinct, yet transient, period of development between childhood and adulthood characterized by increased experimentation and risk-taking, a tendency to discount long-term consequences, and heightened sensitivity to peers and other social influences. A key function of adolescence is developing an integrated sense of self, including individualization, separation from parents, and personal identity. Experimentation and novelty-seeking behavior, such as alcohol and drug use, unsafe sex, and reckless driving, are thought to serve a number of adaptive functions despite their risks. Research indicates that for most youth, the period of risky experimentation does not extend beyond adolescence, ceasing as identity becomes settled with maturity. Much adolescent involvement in criminal activity is part of the normal developmental process of identity formation and most adolescents will mature out of these tendencies. Evidence of significant changes in brain structure and function during adolescence strongly suggests that these cognitive tendencies characteristic of adolescents are associated with biological immaturity of the brain and with an imbalance among developing brain systems. This imbalance model implies dual systems: one involved in cognitive and behavioral control and one involved in socio-emotional processes. Accordingly adolescents lack mature capacity for self-regulations because the brain system that influences pleasure-seeking and emotional reactivity develops more rapidly than the brain system that supports self-control. This knowledge of adolescent development has underscored important differences between adults and adolescents with direct bearing on the design and operation of the justice system, raising doubts about the core assumptions driving the criminalization of juvenile justice policy in the late decades of the 20th century. It was in this context that the Office of Juvenile Justice and Delinquency Prevention (OJJDP) asked the National Research Council to convene a committee to conduct a study of juvenile justice reform. The goal of Reforming Juvenile Justice: A Developmental Approach was to review recent advances in behavioral and neuroscience research and draw out the implications of this knowledge for juvenile justice reform, to assess the new generation of reform activities occurring in the United States, and to assess the performance of OJJDP in carrying out its statutory mission as well as its potential role in supporting scientifically based reform efforts.


The Justice Crisis

The Justice Crisis

Author: Trevor C.W. Farrow

Publisher: UBC Press

Published: 2020-09-01

Total Pages: 369

ISBN-13: 0774863609

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Unfulfilled legal needs are at a tipping point in much of the Canadian justice system. The Justice Crisis assesses what is and isn’t working in efforts to strengthen a fundamental right of democratic citizenship: access to civil and family justice. Contributors to this wide-ranging overview of recent empirical research address key issues: the extent and cost of unmet legal needs; the role of public funding; connections between legal and social exclusion among vulnerable populations; the value of new legal pathways; the provision of justice services beyond the courts and lawyers; and the need for a culture change within the justice system.


Reforming the Law of Nature

Reforming the Law of Nature

Author: Simon P. Kennedy

Publisher: Edinburgh Studies in Comparative Political Theory and Intellectual History

Published: 2023-11-30

Total Pages: 0

ISBN-13: 9781474493994

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Uncovers the relationship between early modern natural law ideas and secular conceptions of politics.


Family, Gender, and Law in a Globalizing Middle East and South Asia

Family, Gender, and Law in a Globalizing Middle East and South Asia

Author: Kenneth M. Cuno

Publisher: Syracuse University Press

Published: 2009-12-28

Total Pages: 329

ISBN-13: 0815651481

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The essays in this collection examine issues of gender, family, and law in the Middle East and South Asia. In particular, the authors address the impact of colonialism on law, family, and gender relations; the role of religious politics in writing family law and the implications for gender relations; and the tension between international standards emerging from UN conferences and conventions and various nationalist projects. Employing the frame of globalization, the authors highlight how local and global forces interact and influence the experience and actions of people who engage with the law. By virtue of a "south-south" comparison of two quite similar and culturally linked regions, contributors avoid positing "the West" as a modern telos. Drawing upon the fields of anthropology, history, sociology, and law, this volume offers a wide-ranging exploration of the complicated history of jurisprudence with regard to family and gender.


Family Justice Review

Family Justice Review

Author: Family Justice Review

Publisher: The Stationery Office

Published: 2011-04

Total Pages: 234

ISBN-13: 9780108510557

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The legal framework of family justice in England and Wales is strong. Its principles are right, in particular the starting point that the welfare of children must be paramount. Every year 500,000 parents and children are involved in the system. But the system is under great strain: cases take far too long (the average case took 53 weeks in 2010); too many private law disputes end up in court; the system lacks coherence; there is growing mistrust leading to layers of checking and scrutiny; little mutual learning or feedback; a worrying lack of IT and management information. The Review's recommendations aim: to bring greater coherence through organisational change and better management; making the system more able to cope with current and future pressures; to reduce duplication of scrutiny to the appropriate level; and to divert more issues away from the courts. The chapters of the review cover: the current system; the proposed Family Justice Service; public law; private law; financial implications and implementation; and there are eighteen annexes. The proposals are now out for consultation, with the final report due in autumn 2011.


Child Law

Child Law

Author: Hugh Keith Bevan

Publisher: Lexis Law Publishing (Va)

Published: 1989

Total Pages: 944

ISBN-13:

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Privilege or Punish

Privilege or Punish

Author: Dan Markel

Publisher: Oxford University Press

Published: 2009-04-20

Total Pages: 252

ISBN-13: 0199745129

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This book answers two basic but under-appreciated questions: first, how does the American criminal justice system address a defendant's family status? And, second, how should a defendant's family status be recognized, if at all, in a criminal justice system situated within a liberal democracy committed to egalitarian principles of non-discrimination? After surveying the variety of "family ties benefits" and "family ties burdens" in our criminal justice system, the authors explain why policymakers and courts should view with caution and indeed skepticism any attempt to distribute these benefits or burdens based on one's family status. This is a controversial stance, but Markel, Collins, and Leib argue that in many circumstances there are simply too many costs to the criminal justice system when it gives special treatment based on one's family ties or responsibilities. Privilege or Punish breaks new ground by offering an important synthetic view of the intersection between crime, punishment, and the family. Although in recent years scholars have been successful in analyzing the indirect effects of certain criminal justice policies and practices on the family, few have recognized the panoply of laws (whether statutory or common law-based) expressly drawn to privilege or disadvantage persons based on family status alone. It is critically necessary to pause and think through how and why our laws intentionally target one's family status and how the underlying goals of such a choice might better be served in some cases. This book begins that vitally important conversation with an array of innovative policy recommendations that should be of interest to anyone interested in the improvement of our criminal justice system.