A tension lies at the heart of family law. Expressed in the language of rights and duties, it seeks to impose enforceable obligations on individuals linked to each other by ties that are usually regarded as based on love or blood. Taking a contextual approach that draws on histo…
A tension lies at the heart of family law. Expressed in the language of rights and duties, it seeks to impose enforceable obligations on individuals linked to each other by ties that are usually regarded as based on love or blood. Taking a contextual approach that draws on histo…
Introduction -- Children's Best Interests and Children's and Parents' Rights -- Adoption Cases in the European Court of Human Rights -- Adoption Cases in the Courts in England and Wales -- Alternatives to Non-Consensual Adoption -- Conclusion. "This book explores non-consensual…
"This book explores non-consensual adoption - an area of law which has sparked considerable debate amongst academics, practitioners and the judiciary nationally and internationally. The emphasis of this book is on the circumstances in which non-consensual adoption may be regarde…
This text provides a clear, comprehensive and engaging account of this rapidly developing subject. In addition to dealing with the intricacies of statute and case law, it deals with the wider social and policy issues, current family law debates and proposals for reform. It inclu…
"Demonstrating the centrality of gender relations, law, and Siam's Malay Muslims to the history of modern Thailand, Subject Siam examines the structures and social history of jurisprudence to gain insight into Siam's unique position within Southeast Asian history. Tamara Loos el…
Between 1955 and 1956 the Government of India passed four Hindu Law Acts to reform and codify Hindu family law. Scholars have understood these acts as a response to growing concern about women's rights but, in a powerful re-reading of their history, this book traces the origins …
Both Muslims and non-Muslims see women in most Muslim countries as suffering from social, economic and political discrimination, treated by law and society as second-class citizens subject to male authority. This discrimination is attributed to Islam and Islamic law, though it v…
This important edited collection is the culmination of research undertaken by the Children's Rights Judgments Project. This initiative involved academic experts revisiting existing case law, drawn from a range of legal sub-disciplines and jurisdictions, and redrafting the judgme…
"This volume is a collection of articles by scholars across disciplines to create a discourse of family law independent of Religious Personal Law, whilst striving for fairness and justice to all. It demonstrates the artificiality of the public-private divide and seeks the system…
A marked change in traditional thinking about children and childhood was promoted by the adoption by the United Nations (in 1989) of the Convention on the Rights of the Child. In the early 90s sociologists in the United States and the UK developed Childhood Studies to promote a …
In both the West and throughout the Muslim world, Islamic family law is a highly - and hotly - debated topic. In the Muslim World, the discussions at the heart of these debates are often primarily concerned with the extent to which classical Islamic family law should be implemen…
This book examines the challenges and resources that the Islamic tradition offers to Muslim scholars who seek to address this dilemma. This is achieved through extensive study of the intellectual history of a Qur'anic verse that has become especially contentious in the modern pe…
This book examines the challenges and resources that the Islamic tradition offers to Muslim scholars who seek to address this dilemma. This is achieved through extensive study of the intellectual history of a Qur'anic verse that has become especially contentious in the modern pe…
"With over half of Americans now in favor of marriage equality, it is clear that societal norms of marriage are being quickly redefined. The growing belief that the state may not discriminate against gays and lesbians calls into question whether the state may limit other types o…
"Gender equality is a modern ideal, which has only recently, with the expansion of human rights and feminist discourses, become inherent to generally accepted conceptions of justice. In Islam, as in other religious traditions, the idea of equality between men and women was neith…