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"The International Survey of Family Law," published on behalf of the International Society of Family Law, is the successor to the "Annual Survey of Family Law," It provides information, analysis and comment on recent developments in Family Law across the world on a country-by- country basis. The "Survey" is published annually and its subtitle reflects the calendar year surveyed. Where a country has been regularly surveyed each year, the developments discussed correspond to the year in question. If certain countries have not been surveyed for some years the contributions will usually attempt to cover the intervening period. If countries are being covered for the first time, then more background information will be provided about the state of family law in the country in question. The "Survey" also contains an article dealing with the more significant developments in international law affecting the family.
International law has become part of everyday family law practice, as lawyers everywhere are confronted with questions regarding the rights of 'mail-order' brides, the adoption of children from other countries, the abduction of children by foreign parents, and domestic violence victims seeking asylum. Indeed, globalization is transforming family law, even as families themselves are being redefined. This book provides a practical overview of such issues and also examines the ways in which culture shapes family law in different countries. It provides students with a useful introduction to challenging, complicated and fascinating issues in international family law. Finally, by incorporating a comparative perspective, it gives readers an opportunity to re-examine their own legal systems.
Changes in family structures, demographics, social attitudes and economic policies over the last 60 years have had a large impact on family lives and correspondingly on family law. The Second Edition of this Handbook draws upon recent developments to provide a comprehensive and up-to-date global perspective on the policy challenges facing family law and policy round the world. The chapters apply legal, sociological, demographic and social work research to explore the most significant issues that have been commanding the attention of family law policymakers in recent years. Featuring contributions from renowned global experts, the book draws on multiple jurisdictions and offers comparative analysis across a range of countries. The book addresses a range of issues, including the role of the state in supporting families and protecting the vulnerable, children’s rights and parental authority, sexual orientation, same-sex unions and gender in family law, and the status of marriage and other forms of adult relationships. It also focuses on divorce and separation and their consequences, the relationship between civil law and the law of minority groups, refugees and migrants and the movement of family members between jurisdictions along with assisted conception, surrogacy and adoption. This advanced-level reference work will be essential reading for students, researchers and scholars of family law and social policy as well as policymakers in the field.
Anne Griffiths originally went to Botswana to establish a university course in family law. But independent fieldwork in Botswana convinced her of the central role of the traditional customary legal system that stands alongside the colonial common law of courts and magistrates she was examining in her course. In the first comparative work on these two systems, Griffiths shows how the structure of both legal institutions is based on power and gender relations that heavily favor males. Griffiths's analysis is based on careful observation of how people actually experience the law as well as the more standard tools of statutes and cases familiar to Western legal scholars. She explains how women's access to law is determined by social relations over which they have little control. In this powerful feminist critique of law and anthropology, Griffiths shows how law and custom are inseparable for Kwena women. Both colonial common law and customary law pose comparable and constant challenges to Kwena women's attempts to improve their positions in society.
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.
A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.