Managing family justice in diverse societies için kapak resmi
Managing family justice in diverse societies
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Oxford : Hart Publishing, 2013.
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315 s. ; 24 cm.
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Dizin var.


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Kitap IHM0000628 ihm 628 2013 Hukuk Fakültesi Kütüphanesi Kitap Bölümü

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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 policy makers can draw in furthering their understanding of and seeking solutions to the problems raised by this significant social development.

Yazar Notları

Mavis Maclean CBE is Co-Director of the Oxford Centre for Family Law and Policy in the Department of Social Policy and Intervention, University of Oxford and a Senior Research Fellow of St Hilda's College,Oxford. She is former President of the RCSL, a Fellow of the IISL, and Academic Adviser to the Ministry of Justice.
John Eekelaar, FBA is Emeritus Fellow of Pembroke College, Oxford, UK, and Co-Director of the Oxford Centre for Family Law and Policy. He is a Fellow of the British Academy.


Mavis Maclean and John EekelaarJohn EekelaarFarrah AhmedPrakash ShahSamia BanoPascale Fournier and Pascal McDougall and Merissa LichtsztralWaheeda AmienMavis MacleanTeresa Picontó-NovalesJacek Kurczewski and Malgorzata FuszaraYasmine Debarge and Benoit BastardGillian Douglas and Norman Doe and Russell Sandberg and Sophie Gilliat-Ray and Asma KhanJagbir Jhutti-JohalAnne GriffithsNazila GhaneaFarah Deeba ChowdhuryJordi RibotMarjorie Smith and Ann Phoenix
Acknowledgementsp. v
Contributorsp. ix
Introductionp. 1
Part I Theories, Ideologies and Strategies
1 Law and Community Practicesp. 15
2 Religious Norms in Family Law: Implications for Group and Personal Autonomyp. 33
3 Shadow Boxing with Community Practices: A Response to Eekelaarp. 49
4 Muslim Dispute Resolution in Britain: Towards a New Framework of Family Law Governance?p. 61
Part II Regulating the Interaction between Religious and Secular Norms in Different Jurisdictions
5 A 'Deviant' Solution: The Israeli Agunah and the Religious Sanctions Lawp. 89
6 The Gendered Benefits and Costs of Legal Pluralism for Muslim Family Law in South Africap. 107
7 Assessing the Impact of Legislating for Diversity: The Forced Marriage (Civil Protection) Act 2007p. 125
8 Religious Freedom and Protection of the Right to Life in Minors: A Case Studyp. 137
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 Europep. 153
10 Child Access Services in France: A Universal Service serving Diverse Clientsp. 169
Part III Non-state Responses to the Interpenetration of Social Norms between Communities
11 Accommodating Religious Divorce in the Secular State: A Case Study Analysisp. 185
12 How Parties to Sikh Marriages use and are influenced by the Norms of their Religion and Culture when engaging with Mediationp. 203
13 Managing Expectations: Negotiating Succession under Plural Legal Orders in Botswanap. 221
14 Rights, Women and Human Rights Change in Iranp. 247
15 Muslim Family Law in Bangladesh: Resistance to Secularisationp. 263
Part IV Reflections
16 How much Family Conduct do we need to Regulate through Family Law?p. 273
17 Variation and Change in Normative Parental Discipline: Persuasion or Legislation?p. 295
Indexp. 313