Full Description
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.
Contents
Preface: Family, Religion and Law in Europe: Embracing Diversity from the Perspective of 'Cultural Encounters', Marie-Claire Foblets; Chapter 1 Distorting Minority Laws? Religious Diversity and European Legal Systems, Prakash Shah; Chapter 2 Plurality-Conscious Rebalancing of Family Law Regulation in Europe, Werner Menski; Chapter 3 Family and the Law in Europe: Bringing Together Secular Legal Orders and Religious Norms and Needs, Mathias Rohe; Chapter 4 On the Cooperation between Religious and State Institutions in Family Matters: Nordic Experiences, Maarit Jänterä-Jareborg; Chapter 5 The Uniformisation of Family Law in Europe and the Place of Ethnic Minorities, Domenico Francavilla; Chapter 6 Defending the Family Treasure Chest: Navigating Muslim Families and Secured Positivistic Islands of European Legal Systems, Federica Sona; Chapter 7 Cross-border Family Cases and Religious Diversity: What Can Judges Do?, Maarit Jänterä-Jareborg; Chapter 8 Secrets and Lies: When Ethnic Minority Youth Have a Nikah, Anika Liversage; Chapter 9 'Without Our Church We Will Disappear': Syrian Orthodox Christians in Diaspora and the Family Law of the Church, Annika Rabo; Chapter 10 Religious Divorce in England and Wales: Religious Tribunals in Action, Gillian Douglas, Russell Sandberg, Norman Doe, Sophie Gilliat-Ray, Asma Khan; Chapter 11 Kurdish 'Unofficial' Family Law in the Gurbet, Latif Ta?;
