The book explores the rise of civil divorce in Victorian England, the subsequent operation of a fault system of divorce based solely on grounds of adultery, and the repeal of the Victorian divorce law during the Interwar years. It will be valuable to academics and researchers with interest in Legal History, Family Law, and Victorian Studies.
The eighteen essays in this volume cover a wide range of material and reevaluate women's studies and Middle Eastern studies, Muslim women and the Shari'a courts, the Ottoman household, Dhimmi communities, children and family law, morality, and violence.
This book is about two subjects which have been discussed extensively and these are abortion and divorce. The Author shows both side of argument, demand for abortion and no abortion at all.
Marriage rituals and divorce procedures have varied widely over time and across cultures. The History of Marriage and Divorce explores the evolution of these two institutions, from our early hunter-gatherer ancestors through antiquity and the middle ages up to modern times. In this book, collaborative attorney and former psychology professor Harry L. Munsinger explains the legal, economic, religious, evolutionary, and psychological issues involved in mating and divorcing. This book will give readers insight into why humans marry, divorce, and remarry with such irrational abandon. The reader will discover that the tendency to marry and divorce are partly inherited and the personal and genetic appeal of serial monogamy.
American family law makes two key assumptions: first, that the civil state possesses sole authority over marriage and divorce; and second, that the civil law may contain only one regulatory regime for such matters. These assumptions run counter to the multicultural and religiously plural nature of our society. This book elaborates how those assumptions are descriptively incorrect, and it begins an important conversation about whether more pluralism in family law is normatively desirable. For example, may couples rely upon religious tribunals (Jewish, Muslim, or otherwise) to decide family law disputes? May couples opt into stricter divorce rules, either through premarital contracts or 'covenant marriages'? How should the state respond? Intentionally interdisciplinary and international in scope, this volume contains contributions from fourteen leading scholars. The authors address the provocative question of whether the state must consider sharing its jurisdictional authority with other groups in family law.
Family and Divorce in California succeeds in reconstructing the private world of farmers, laborers, small-town merchants tradesmen, and housewives through an examination of local newspapers, census data, legal documents, and, above all, divorce records during the years 1850 to 1890. Some 400 divorce cases from two rural counties form the core of the study. Here we see how the compassionate ideal, the cult of true womanhood, and the work ethic actually affected the attitudes and behavior of working-class and rural as well as urban, middle-class people. A wide variety of topics is covered: basic family values women's health, work, sexuality, character, and indepdence men's work, sexual conduct, and affective retions the nature of parenthood, childhood, and marital companionship domestic violenc The book also explores the early years of the divorce crisis that began in the 1880s and answers the questions of how and why it developed.
According to Glenda Riley, “the historical conflict between anti-divorce and pro-divorce factions has prevented the development of effective, beneficial divorce laws, procedures, and policies. Today we still lack processes that move spouses out of unworkable marriages in a constructive fashion and get them back into the mainstream of life in a stable, productive condition.” Her pioneering historical overview offers proposals for dealing with a subject that now pertains to nearly half of all marriages.
The popular referendum of 1974 which affirmed Italy's recently-won divorce law is widely regarded as a turning point in modern Italian history, but the long story behind that struggle has remained largely unfamiliar. Using the debates over divorce as a lens, this book is a study of the quest to modernize Italy, Italians, and Italian marriage.
This book captures the Indian state's difficult dialogue with divorce, mediated largely through religion. By mapping the trajectories of marriage and divorce laws of Hindu, Muslim, and Christian communities in post-colonial India, it explores the dynamic interplay between law, religion, family, minority rights and gender in Indian politics. It demonstrates that the binary frameworks of the private-public divide, individuals versus group rights, and universal rights versus legal pluralism collapse before the peculiarities of religious personal law. Historicizing the legislative and judicial response to decades of public debates and activism on the question of personal law, it suggests that the sustained negotiations over family life within and across the legal landscape provoked a unique and deeply contextual evolution of both, secularism and religion in India's constitutional order. Personal law, therefore, played a key role in defining the place of religion and determining the content of secularism in India's democracy.
In 1807 Napoleon Bonaparte created the Duchy of Warsaw from the Polish lands that had been ceded to France by Prussia. His Civil Code was enforced in the new Duchy too and, unlike the Catholic Church, it allowed the dissolution of marriage by divorce. This book sheds new light on the application of Napoleonic divorce regulations in the Polish lands between 1808-1852. Unlike what has been argued so far, this book demonstrates that divorces were happening frequently in 19th century Poland and even with the same rate as in France. In addition to the analysis of the Napoleonic divorce law, the reader is provided with a fully comprehensive description of parties as well as courts and officials involved in divorce proceedings, their course and the grounds for divorce.