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Proceedings of the fifth conference of the Commission on European Family Law on "Family Law and Culture in Europe: Developments, Challenges and Opportunities" held in Bonn, Germany in August of 2013.
This collection discusses how official legal systems do and should respond to the reality of a plurality of family types and origins within their jurisdictions. It further examines the challenges that arise for practitioners, including lawyers and judges, when faced with such plurality. Focussing on empirical research, the volume presents legal and sociological data of unprecedented comparative depth. It also includes a discussion of how members of minority families respond to the need to organise their legal relationships, and to resolve their disputes in the shadow of official legal systems which differ from those of their familial and communal traditions. The work invites reflection, and demonstrates the urgency and complexity of the questions regarding the search for justice in the field of family life in Europe today.
A collection of essays by Michael Sheehan, whose work and interpretation on medieval property, marriage, family, sexuality, and law has insprired scholars for 40 years.
Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe’s political, economic, social and cultural developments.
This volume contains the contributions delivered at CEFL's sixth international conference, which focused on comparative and international family law in Europe in their respective cultural contexts. Inter alia in this book CEFL experts and other legal scholars address the CEFL and its Principles, the interrelation of family law and family sociology, family migration, childrens and womens fundamental rights, as well as the developing concept of parenthood, the role of children in family proceedings, extra-judicial divorces and ADR in family matters.While the development of modern trends in European family law is going on, some new challenges arise and old challenges remain. The awareness of more plurality and diversity in family relationships is increasing. Both pose problems. New legal solutions have to be integrated into the existing family law system. On the other hand, there are tensions between modern fundamental values and traditional religious solutions. For both a deeper analysis is necessary.The conference, and in turn the book, aims to enhance the exchange of ideas and arguments on comparative and international family law in Europe.
Is the unification and harmonisation of (international) family law in Europe necessary? Is it feasible, desirable and possible? Reading the different contributions to this book may certainly inspire those who would like to find the right answers to these questions.
This volume contains twenty-three contributions delivered at the CEFL's second international conference which took place in Utrecht in December 2004. The interventions written by both experienced family experts as well as young researchers cover those fields of family law that are closely related to the activities of the CEFL: (1) divorce and maintenance between former spouses, (2) parental responsibilities, (3) informal long-term relationships and (4) the revised Brussels II Regulation. Furthermore, the opening two contributions deal not only with essential aspects of the harmonisation process of family law in Europe but also with the CEFL's working method.
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.
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.
This publication is an element of the Council of Europe's recent work in the field of positive parenting leading up To The Committee of Ministers' Recommendation Rec (2006) 19 on policy to support positive parenting. The authors review and analyse the major changes affecting parenting in Europe, arising from legal situations, research and practice. This work addresses the core issues related to positive parenting and non-violent upbringing, with particular emphasis on parents' entitlement to support from the state in carrying out their parental tasks. Five themes are focused upon: The legal situation And The results of research: what it means to be a parent according To The United Nations Convention on the Rights of the Child, The Council of Europe and new scientific knowledge; current thinking on the use of violence and corporal punishment against children; responses to family policy, especially in terms of support programs and services for parenting and families; the particular problems and needs of parents and children in situations of social exclusion; And The relationship between parenting and drug-related behavior among children and teenagers. The book also includes the text of the Recommendation Rec(2006)19, "Keys for parents" and "Guidelines for professionals.