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Through a careful exploration of the background literature of the Old Testament, the ancient Near East and ancient Judaism, Instone-Brewer constructs a biblical picture of divorce and remarriage that is directly relevant to modern relationships.
The glacier of Ancient Vedic wisdom flowed down the Himalayan Kailash and watered the Hindu philosophy. The Shrutis (that which was heard) and the Smritis (that which was remembered) reflected this Vedic wisdom. Thinkers and philosophers of the time expressed their thoughts in prosaic Dharmasutras and later on in more refined poetic Dharmashastras. The Smritkars followed with their own interpretation, symbolically represented by the Code of Manu. That jurisprudence was responsible for taking the country through the Golden pages of its history. With the British dominance, India was plunged in Common Law Jurisprudence, interwoven with Hindu Philosophy. The Midnight country awoke in 1947 to an Independent democratic set up, and in 1950 was wedded to the Indian Constitutional philosophy, laid with the bricks of Common Law. With the establishment of the Supreme Court of India, the apex judicial institution in an interpretative mood carved a unique niche for Anglo- Indian Jurisprudence , amidst the Legal Systems of the World. In the twenty first century, India is on a launch pad as a new political and economical superpower. At this stage there is a need for India to familiarize with the Civil Law System, that has grip on the other half of the commercial world. Tiny pockets in Western and in Eastern India , as parts of erstwhile Portuguese or French colonial possessions had earlier experienced the Continental Jurisprudence. These pockets have the unique distinction of having run both the Common and Civil Law Systems and even simultaneously during the transition period . This experience can be a contribution to the globalizing world . Hence it is necessary to foster the study of Civil Law in India , not only from its historical past but also from its future prospects in world market. In “ Civil Law Studies: An Indian Prospective”, about two dozen scholars from the Law faculties of the Universities of India, Lisbon and Coimbra have collaborated to visualize the role for Civil Law Studies in the subcontinent . They have explored the different branches of law for comparative research such as constitutional, civil, commercial, criminal, etc. The book is intended to be a thought provoking exercise which will strengthen the Study and Research of Civil Law in India. The suggestions are meant to empower legal educators, law students , the bar and the bench in India.
It's never too late to have a good divorce Based on two decades of groundbreaking research, The Good Divorce presents the surprising finding that in more than fifty percent of divorces couples end their marriages, yet preserve their families. Dr. Ahrons shows couples how they can move beyond the confusing, even terrifying early stages of breakup and learn to deal with the transition from a nuclear to a "binuclear" family--one that spans two households and continues to meet the needs of children. The Good Divorce makes an important contribution to the ongoing "family values" debate by dispelling the myth that divorce inevitability leaves emotionally troubles children in its wake. It is a powerful tonic for the millions of divorcing and long-divorces parents who are tired of hearing only the damage reports. It will make us change the way we think about divorce and the way we divorce, reconfirming our commitment to children and families.
""Divorce in China" explores institutional constraints and gendered outcomes of divorce in China"--
This open access book assembles landmark studies on divorce and separation in European countries, and how this affects the life of parents and children. It focuses on four major areas of post-separation lives, namely (1) economic conditions, (2) parent-child relationships, (3) parent and child well-being, and (4) health. Through studies from several European countries, the book showcases how legal regulations and social policies influence parental and child well-being after divorce and separation. It also illustrates how social policies are interwoven with the normative fabric of a country. For example, it is shown that father-child contact after separation is more intense in those countries which have adopted policies that encourage shared parenting. Correspondingly, countries that have adopted these regulations are at the forefront of more egalitarian gender role attitudes. Apart from a strong emphasis on the legal and social policy context, the studies in this volume adopt a longitudinal perspective and situate post-separation behaviour and well-being in the life course. The longitudinal perspective opens up new avenues for research to understand how behaviour and conditions prior or at divorce and separation affect later behaviour and well-being. As such this book is of special appeal to scholars of family research as well as to anyone interested in the role of divorce and separation in Europe in the 21st century.
Comparative in both approach and framework, Family Law, Sex and Society provides a critical exposition of key areas in family law, exploring their evolution and development within their historical, cultural, political and legal context. Cross-referencing to English law throughout, this comparative textbook pays particular attention to the transformation of marriage; the development of divorce laws; matrimonial property; the legal recognition of unmarried heterosexual and same-sex cohabitants; the universal adoption of the best interests standard for children in domestic and international legislation; and the impact of the Human Rights Act 1998 on family law in a variety of jurisdictions. Divided into different sections, Family Law, Sex and Society includes coverage of: a jurisdictional and historical survey of some of the main themes in Family Law, as well as consideration of the evolution of the Western family the English law relating to divorce, marital property and children and a comparison with the equivalent law in the civil law jurisdictions of France and Germany family law developments in other common law countries such as Australia and New Zealand, selected American jurisdictions, parts of Africa and some Far Eastern countries; and hybrid jurisdictions like Japan and Russia an analysis of the law relating to unmarried cohabitation and domestic partnerships in civil law jurisdictions such as France, Germany and Sweden in comparison to Anglo-American law a comparative analysis of the laws relating to domestic violence. Family Law, Sex and Society offers valuable socio-legal and socio-cultural insights into the practice of family law, and is the only textbook that provides a unified, coherent and comparative approach to the study of family law as it operates in these particular jurisdictions.
This open access book collects the major discussions in divorce research in Europe. It starts with an understanding of divorce trends. Why was divorce increasing so rapidly throughout the US and Europe and do we see signs of a turn? Do cohabitation breakups influence divorce trends or is there a renewed stability on the partner market? In terms of divorce risks, the book contains new insights on Eastern European countries. These post socialist countries have evolved dramatically since the fall of the Wall and at present they show the highest divorce figures in Europe. Also the influence of gender, and more specifically women’s education as a risk in divorce is examined cross nationally. The book also provides explanations for the negative gradient in female education effects on divorce. It devotes three separate parts to new insights in the post-divorce effects of the life course event by among others looking at consequences for adults and children but also taking the larger family network into account. As such the book is of interest to demographers, sociologists, psychologists, family therapists, NGOs, and politicians. “This wide-ranging volume details important trends in divorce in Europe that hold implications for understanding family dissolution causes and consequences throughout the world. Highly recommended for researchers and students everywhere.”
Written by an international team of experts, this comprehensive volume investigates modern-day family relationships, partnering, and parenting set against a backdrop of rapid social, economic, cultural, and technological change. Covers a broad range of topics, including social inequality, parenting practices, children’s work, changing patterns of citizenship, multi-cultural families, and changes in welfare state protection for families Includes many European, North American and Asian examples written by a team of experts from across five continents Features coverage of previously neglected groups, including immigrant and transnational families as well as families of gays and lesbians Demonstrates how studying social change in families is fundamental for understanding the transformations in individual and social life across the globe Extensively reworked from the original Companion published over a decade ago: three-quarters of the material is completely new, and the remainder has been comprehensively updated
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.
Viewing the contested theme Comparative Law as an 'Enigma', this book explores its fundamental issues as sub-themes, each covered in two variations. After the Overture, the author pulls some strands together in the Intermezzo, uses a free hand in the Cadenza, and asks the reader to draw her own conclusions in the Finale. By this method two fundamentally opposed views are exposed in each Chapter. The what, why and how of comparative law, comparative law and legal education, comparative law and judges, and comparative law and law reform by transposition are explored. The author also examines current debates of comparative law such as law and culture, deconstruction of classifications, mixing systems, limits of comparability, convergence/non-convergence and ius commune novum. By following this two-pronged approach, the book covers many important aspects of comparative law in a refreshing manner not seen in any other work. It is provocative and discursive, bringing together for the reader major developments of comparative law. The book ends by asking 'Where are we going?'.