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CONTENIDO: Laws prohibiting the marriage of relatives -- The reasons for U.S. laws against first cousin marriage -- European laws prohibiting the marriage of relatives -- European views of cousin marriage -- The evolutionary factor -- Biogenetics and first cousin marriage -- Culture and cousin marriage.
Globalisation, and the vast migrations of capital and labour that have accompanied it in recent decades, has transformed family law in once unimaginable ways. Families have been torn apart and new families have been created. Borders have become more porous, allowing adoptees and mail order brides to join new families and women fleeing domestic violence to escape from old ones. People of different nationalities marry, have children, and divorce, not necessarily in that order. They file suits in their respective home states or third states, demanding support, custody, and property. Otherwise law-abiding parents risk jail in desperate efforts to abduct their own children from foreign ex-spouses. The aim of this Handbook is to provide scholars, postgraduate students, judges, and practioners with a broad but authoritative review of current research in the area of International Family Law. The contributors reflect on a range of jurisdictions and legal traditions and their approaches vary. Each chapter has a distinct subject matter and was written by an author who was invited because of his or her expertise on that subject. This volume provides a valuable contribution to emerging understandings of the subject.
In nineteenth-century England, marriage between first cousins was both legally permitted and perfectly acceptable. After mid-century, laws did not explicitly penalize sexual relationships between parents and children, between siblings, or between grandparents and grandchildren. But for a widower to marry his deceased wife's sister was illegal on the grounds that it constituted incest. That these laws and the mores they reflect strike us today as wrongheaded indicates how much ideas about kinship, marriage, and incest have changed. In Family Likeness, Mary Jean Corbett shows how the domestic fiction of novelists including Jane Austen, Charlotte Brontë, George Eliot, Elizabeth Gaskell, and Virginia Woolf reflected the shifting boundaries of "family" and even helped refine those borders. Corbett takes up historically contingent and culturally variable notions of who is and is not a relative and whom one can and cannot marry. Her argument is informed by legal and political debates; texts in sociology and anthropology; and discussions on the biology of heredity, breeding, and eugenics. In Corbett's view, marriage within families—between cousins, in-laws, or adoptees—offered Victorian women, both real and fictional, an attractive alternative to romance with a stranger, not least because it allowed them to maintain and strengthen relations with other women within the family.
Originally published in 1987, this book presented for the first time a unified treatment of English kinship of the nineteenth and twentieth centuries. This system, far from being a patchwork of historical accidents, has a remarkably logical overall structure, permeating both law and custom. To understand it one must study a wide variety of sources ranging from Parliamentary debates through accounts of contemporary events, cases and incidents to fiction of the day. The work is pertinent to current studies in a number of fields: in history it represents a systematic overview, highlighting new sources of material, while for lawyers it gives a historical context and explanation of ‘family law’, particularly topical for impending English legislation in this area at the time. It collects two centuries of sociological data, and presents social anthropologists with the English system for comparison with systems conventionally studied in the field and with kinship theory. Finally, it provides philosophers with a new arena in which to discuss the nature of explanations of human activities, besides raising fresh questions.
An introduction to how belonging and identity have been reflected, modified, and rearticulated in crucial moments throughout history.
Provocative exploration of levirate marriage in ancient Judaism that sheds new light on the Jewish family in antiquity and the rabbinic reworking of earlier Israelite law
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