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| Author | : Samia Bano |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2017 |
| Genre | : Dispute resolution (Law) |
| ISBN | : 9781512600353 |
How mediation and religious dispute-resolution mechanisms operate within diverse communities
| Author | : Samia Bano |
| Publisher | : Brandeis University Press |
| Total Pages | : 350 |
| Release | : 2017-05-02 |
| Genre | : Law |
| ISBN | : 1512600369 |
Recently, new methods of dispute resolution in matters of family law-such as arbitration, mediation, and conciliation-have created new forms of legal culture that affect minority communities throughout the world. There are now multiple ways of obtaining restitution through nontraditional alternative dispute resolution (ADR) mechanisms. For some, the emergence of ADRs can be understood as part of a broader liberal response to the challenges presented by the settlement of migrant communities in Western liberal democracies. Questions of rights are framed as "multicultural challenges" that give rise to important issues relating to power, authority, agency, and choice. Underpinning these debates are questions about the doctrine and practice of secularism, citizenship, belonging, and identity. Gender and Justice in Family Law Disputes offers insights into how women's autonomy and personal decision-making capabilities are expressed via multiple formal and nonformal dispute-resolution mechanisms, and as part of their social and legal lived realities. It analyzes the specific ways in which both mediation and religious arbitration take shape in contemporary and comparative family law across jurisdictions. Demarcating lines between contemporary family mediation and new forms of religious arbitration, Bano illuminates the complexities of these processes across multiple national contexts.
| Author | : Nicholas Mercuro |
| Publisher | : JAI Press(NY) |
| Total Pages | : 288 |
| Release | : 1992 |
| Genre | : Political Science |
| ISBN | : |
Blues, by Steven H. Hobbs
| Author | : Julie Wallbank |
| Publisher | : Routledge |
| Total Pages | : 530 |
| Release | : 2009-12-04 |
| Genre | : Law |
| ISBN | : 1135262020 |
There has been a widespread resurgence of rights talk in social and legal discourses pertaining to the regulation of family life, as well as an increase in the use of rights in family law cases, in the UK, the US, Canada and Australia. Rights, Gender and Family Law addresses the implications of these developments – and, in particular, the impact of rights-based approaches upon the idea of welfare and its practical application. There are now many areas of family law in which rights and welfare based approaches have been forced together. But whilst, to many, they are premised upon different ethics – respectively, of justice and of care – for others, they can nevertheless be reconciled. In this respect, a central concern is the 'gender-blind' character of rights-based approaches, and the ontological and practical consequences of their employment in the gendered context of the family. Rights, Gender and Family Law explores the tensions between rights-based and welfare-based approaches: explaining their differences and connections; considering whether, if at all, they are reconcilable; and addressing the extent to which they can advantage or disadvantage the interests of women, children and men. It may be that rights-based discourses will dominate family law, at least in the way that social policy and legislation respond to calls of equality of rights between mothers and fathers. This collection, however, argues that rights cannot be given centre-stage without thinking through the ramifications for gendered power-relations, and the welfare of children. It will be of interest to researchers and scholars working in the fields of family law, gender studies and social welfare.
| Author | : Julie Wallbank |
| Publisher | : Routledge |
| Total Pages | : 301 |
| Release | : 2009-12-04 |
| Genre | : Law |
| ISBN | : 1135262039 |
There has been a widespread resurgence of rights talk in social and legal discourses pertaining to the regulation of family life, as well as an increase in the use of rights in family law cases, in the UK, the US, Canada and Australia. Rights, Gender and Family Law addresses the implications of these developments – and, in particular, the impact of rights-based approaches upon the idea of welfare and its practical application. There are now many areas of family law in which rights and welfare based approaches have been forced together. But whilst, to many, they are premised upon different ethics – respectively, of justice and of care – for others, they can nevertheless be reconciled. In this respect, a central concern is the 'gender-blind' character of rights-based approaches, and the ontological and practical consequences of their employment in the gendered context of the family. Rights, Gender and Family Law explores the tensions between rights-based and welfare-based approaches: explaining their differences and connections; considering whether, if at all, they are reconcilable; and addressing the extent to which they can advantage or disadvantage the interests of women, children and men. It may be that rights-based discourses will dominate family law, at least in the way that social policy and legislation respond to calls of equality of rights between mothers and fathers. This collection, however, argues that rights cannot be given centre-stage without thinking through the ramifications for gendered power-relations, and the welfare of children. It will be of interest to researchers and scholars working in the fields of family law, gender studies and social welfare.
| Author | : Flavia Agnes |
| Publisher | : Oxford University Press |
| Total Pages | : |
| Release | : 2011-02-17 |
| Genre | : Law |
| ISBN | : 0199088489 |
Family law in India has a complex legal structure where different religious communities are guided by their own personal laws, each of which historically evolved under various social, religious, political, and legal influences. In two comprehensive and lucid volumes, Flavia Agnes, a leading activist and advocate in the area, examines family law in the light of social realities, contemporary rights discourse, and the idea of justice. What is unique in these volumes is that the ground level litigation practices around women's rights are interwoven with the critical analyses of the statutory provisions. Relying extensively upon case law, Volume 2 examines: the litigation around the validity of marriage and procedures for dissolving it, the contemporary debates around issues such as child marriages, NRI marriages, and registration of marriages the framework of law on the issues of maintenance, matrimonial residence, and custody and guardianship of children, and whether considering the procedural aspects of matrimonial law, and the increased powers of the family courts, gender justice concerns are being adequately addressed. The volume also emphasizes that it is necessary and possible for the law to fairly reflect individual and social contingencies at the ground level.
| Author | : Neelam Tyagi |
| Publisher | : Springer Nature |
| Total Pages | : 331 |
| Release | : 2021-04-05 |
| Genre | : Law |
| ISBN | : 9811610150 |
This book examines the practice of Alternative Dispute Resolution (ADR) as it stands today in the context of matrimonial disputes and for providing gender justice for women undergoing matrimonial litigation. ADR is a fairly recent but increasingly prevalent phenomenon that has significantly evolved due to the failure of the adversarial process of litigation to provide timely resolution of disputes. The book explores the merit and demerit of traditional litigation process and emergence, socio-legal framework, work environment and success rate of various ADR processes in general and for resolving matrimonial disputes in particular. It comprehensively discusses the role of various institutions and attitudes and perceptions of ADR practitioners. It analyzes the influence of patriarchal cultural assumptions of appropriate feminine behaviour and its effect on ADR practitioners like mediators and counsellors that leads to the marginalization of aggrieved woman’s issues. With a brief analysis of the experience and challenges faced with the way the ADR process is conducted, the focus is on probing the vulnerability of aggrieved women. The book critiques the practice of ADR as it is today and offers constructive ways forward by providing suggestions, insights, and analysis that could bring about a transformation in the way justice is delivered to women. This in-depth study is an attempt to guide decision making by bringing forth and legitimizing the battered women’s voice which often goes unrepresented, in the debate about the efficacy of ADR mechanism in resolving matrimonial disputes. The book is of interest to those working for justice for women, particularly in the context of matrimonial disputes -- legal professionals, mediators, counsellors, judges, academicians, women rights activists, researchers in the field of gender and women studies, social work and law, ADR educators, policymakers and general readers who are inclined and interested in bringing a gender perspective to their area of work.
| Author | : Joseph Cordell |
| Publisher | : Harmony |
| Total Pages | : 242 |
| Release | : 2010-12-07 |
| Genre | : Family & Relationships |
| ISBN | : 0307589803 |
The Knowledge Every Man Needs for a Successful Divorce Each year 500,000 men will face divorce, and most of them make at least one crucial—and often irreversible—mistake. These errors might seem minor, such as moving out while things get sorted out, or thinking of “temporary” orders as being truly temporary. But when they get to court, these men discover they have put themselves in a terrible position. They may have to give up their house, pay impossibly high alimony, or even lose custody. You could be one of these men. But you don’t have to be. Joseph Cordell, the founder of the nation’s largest law firm focusing on men’s divorce and the creator of the Dads Divorce website, has seen the consequences of the mistakes men make. Drawing upon the huge number of cases that Cordell & Cordell has handled, this book identifies the 10 most common mistakes that end up hurting men in divorce. Cordell demystifies the divorce process, explains what judges consider in making their final decisions, and lays out a road map for positive actions men can take to achieve the best possible outcome. No man should face divorce without this book.
| Author | : D Kelly Weisberg |
| Publisher | : Aspen Publishing |
| Total Pages | : 912 |
| Release | : 2024 |
| Genre | : Domestic relations |
| ISBN | : |
"Cases and materials on family law for law students taking a family law course"--
| Author | : Alison Diduck |
| Publisher | : Hart Publishing |
| Total Pages | : 624 |
| Release | : 1999-08-24 |
| Genre | : Law |
| ISBN | : |
This new text,cases and materials text on family law provides not only an explication of legal principle but also explores, primarily from a feminist perspective, some of the assumptions relating to gender, sexual orientation, class and culture underlying the law. It examines the ideology of the family and, in particular, the role of the law in contributing to and reproducing that ideology. Structured around the themes of welfare, equality and family privacy, the book aims to offer the benefits of a textbook while also giving students a wide-ranging set of materials for classroom discussion, using the case method to demonstrate how various issues might be resolved. As well as providing a firm grounding in family law, the text sets the law in its social and historical context and encourages a critical approach by students to the subject. It provides an ideal introduction to family law for undergraduates, but will be equally helpful for postgraduate students of family law for whom it provides a challenging set of materials accompanied by a theoretically rich set of ideas and arguments.
