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What sort of contract is marriage? What does it offer the parties? What are the difficulties of enforcement, and the result of failed effective enforcement? This book takes an economic approach to marriage and divorce, considering the key role of incentives in family law: it highlights the possible adverse consequences emanating from faulty legal design, while demonstrating that good family law should provide incentives for consistent and honest behavior. Economists, specialists in the economic analysis of law, and academic lawyers discuss recent advances in specialist work on marriage, cohabitation, and divorce. Chapters are grouped around four topics: the contractual perspectives on marriage commitment; the regulatory framework surrounding divorce; bargaining and commitment issues relating to marriage and near-marriage arrangements; and finally empirical work, which focuses on the impact of more liberal divorce laws. This important new study will be of considerable interest to lawyers, policy-makers and economists concerned with family law.
This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1986.
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.
Each year more than 2 million Americans get divorced, and most of them use a lawyer. In closed-door conversations between lawyers and their clients strategy is planned, tactics are devised, and the emotional climate of the divorce is established. Do lawyers contribute to the pain and emotional difficulty of divorce by escalating demands and encouraging unreasonable behavior? Do they take advantage of clients at a time of emotional difficulty? Can and should clients trust their lawyers to look out for their welfare and advance their long-term interests? Austin Sarat and William L. F. Felstiner's new book, based on a pioneering and intensive study of actual conferences between divorce lawyers and their clients, provides an unprecedented behind-the-scenes description of the lawyer-client relationship, and calls into question much of the conventional wisdom about what divorce lawyers actually do. Divorce Lawyers and Their Clients suggests that most divorces are marked less by a pattern of aggressive advocacy than by one of inaction and drift. It uncovers reasons why lawyers find divorce practice frustrating and difficult and why clients frequently feel dissatisfied with their lawyers. This new work provides a unique perspective on the dynamics of professionalism. It charts the complex and shifting ways lawyers and clients "negotiate" their relationship as they work out the strategy and tactics of divorce. Sarat and Felstiner show how both lawyers and clients are able to draw on resources of power to set the agenda of their interaction, while neither one is fully in charge. Rather, power shifts between the two parties; where it is achieved, power is found in the ability to have one's understandings of the social and legal worlds of divorce accepted. Power then works through the creation of shared meanings. Divorce Lawyers and Their Clients examines the effort to create such shared meanings about the nature of marriage and why marriages fail, the operation of the legal process, and the best way to bring divorces to closure. It will be fascinating reading for anyone who is going through a divorce, or has gone through one, as well as for lawyers, judges, and scholars of law and society.
While the formal definition of divorce may be concise and straightforward (legal termination of a marital union, dissolving bonds of matrimony between parties), the effects are anything but, particularly when children are involved. The Americans for Divorce Reform estimates that "40 or possibly even 50 percent of marriages will end in divorce if current trends continue." Outside the U.S., divorce rates have markedly increased across developed countries. Divorce and its effects are a significant social factor in our culture and others. It might be said that a whole "divorce industry" has been constructed, with divorce lawyers and mediators, family counselors, support groups, etc. As King Henry VIII′s divorces showed, divorce has not always been easy or accepted. In some countries, divorce is not permitted and even in Europe, countries such as Spain, Italy, Portugal, and the Republic of Ireland legalized divorce only in the latter quarter of the 20th century. This multi-disciplinary encyclopedia covers curricular subjects related to divorce as examined by disciplines ranging from marriage and the family to anthropology, social and legal history, developmental and clinical psychology, and religion, all through a lens of cultural sociology. Features: 550 signed entries, A-to-Z, fill 3 volumes (1,500 pages) in print and electronic formats, offering the most detailed reference work available on issues related to divorce, both in the U.S. and globally. Cross-References and Further Readings guide readers to additional resources. A Chronology provides students with context via a historical perspective of divorce. In the electronic version, the comprehensive Index combines with Cross-References and thematic Reader′s Guide themes to provide convenient search-and-browse capabilities. For state and nation entries, uniform entry structure combined with an abundance of statistics facilitates comparison between and across states and nations. Appendices provide further annotated sources of data and statistics.
Dissolution is a new word for divorce. In Dissolution, Riane Eisler discusses the fundamental societal and litigious changes of divorce from an action that was until recently an unacceptable social phenomenon to what is now commonplace. The book compares the old divorce laws based on marital fault with new "no-fault" divorce laws, an analysis of the laws and institutions of marriage and divorce, and alternatives (social and litigious) to marriage and divorce. Quotes about Dissolution: "Dissolution is must reading for every woman...whether she already believes in equal rights for all beings or belongs to the Phyllis Schlafly school of thought. Riane Eisler's work is the most definitive yet on the female species and her rights." – Rona Barrett, Good Morning America, ABC-TV "Only those of us who have gone through divorce without your book can fully appreciate its value. Its factual information gives strength. Its innate empathy comforts. Its totality is an integral part of the body of great feminist writings." – Frances Lear, President, Lear Purvis Walker & Co.
Based upon interviews with judges, lawyers, and divorced persons in California, and data collected from that state#x19;s court dockets, this volume presents the first systematic examination of the social and economic effects of divorce law reform. Sociologist Weitzman concludes that while the abolition of grounds, fault, and consent has eliminated much of the acrimony previously associated with divorce proceedings, this, together with the institution of gender-neutral standards for property awards and child support, has resulted in increased economic hardship and social dislocation for divorced women and dependent children. Weitzman does not intend to extrapolate her data, conclusions, and recommendations to the whole country; however, it is reasonable to believe that they have national implications. Merlin Whitemen, Dann Pecar Newman Talesnick & Kleiman, Indianapolis Copyright 1985 Reed Business Information, Inc.#x13;amazon.com.