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This text presents an overview of the major issues and topics in current developments in Indian family law. Indian law has produced a number of very important innovations in the past two decades, which are also highly instructive for law reform debates in western and other jurisdictions. Topics discussed are: marriage, divorce, polygamy, maintenance, property and the Uniform Civil Code.
Mary Ann Glendon offers a comparative and historical analysis of rapid and profound changes in the legal system beginning in the 1960s in England, France, West Germany, Sweden, and the United States, while bringing new and insightful interpretation and critical thought to bear on the explosion of legislation in the last decade. "Glendon is generally acknowledged to be the premier comparative law scholar in the area of family law. This volume, which offers an analytical survey of the changes in family law over the past twenty-five years, will burnish that reputation. Essential reading for anyone interested in evaluating the major changes that occurred in the law of the family. . . . [And] of serious interest to those in the social sciences as well."—James B. Boskey, Law Books in Review "Poses important questions and supplies rich detail."—Barbara Bennett Woodhouse, Texas Law Review "An impressive scholarly documentation of the legal changes that comprise the development of a conjugally-centered family system."—Debra Friedman, Contemporary Sociology "She has painted a portrait of the family in which we recognize not only ourselves but also unremembered ideological forefathers. . . . It sends our thoughts out into unexpected adventures."—Inga Markovits, Michigan Law Review
The status and position of Indian women have undergone many changes since the high status they enjoyed in the Vedic era yielded to forced suicide during the dark ages, female infanticide, purdah, child marriages and the denial of property and political rights. This book, first published in 1985, provides a comprehensive annotated bibliography to hose years, and the years that followed of the relentless liberation struggle by women on the socio-political and legal fronts.
Since 1970, all the states adopted no-fault divorce statutes, which have had the unexpected effect of producing dire financial conditions for many divorced women and their children. In this important study, economist and lawyer Allen Parkman shows how no-fault divorce has systematically operated against the interests of these women and children. With rare economic and legal insight, Parkman argues that by changing the grounds for divorce without changing the laws that define and allocate property at divorce, the legal system created substantial injustices. The key mistake, he suggests, was in accepting a definition of property that did not include the income-earning capacity--human capital--of the individuals involved. Using human capital theory, Parkman criticizes current divorce law and presents a framework for reform that would reduce the injustices introduced by no-fault divorce. He concludes that a thorough reform, however, may require the changing of the grounds for divorce to mutual consent. This book is essential reading for scholars, professionals, and, indeed, for anyone interested in the health and future of the family and the well-being of women in contemporary U.S. society.