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Vol 21 No 11 Nov/Dec 2016

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Family Rights and Religion

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Edited by: John Eekelaar

ISBN13: 9781472464767
Published: September 2016
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £205.00



Despatched in 6 to 8 days.

The interaction between individual rights, which are often seen in secular terms, and religion is becoming an important and complex topic not only for academic study but for practical policy. This volume collects a range of writings from journals, edited collections and individual books which deal with different aspects of the interaction within the context of family life, and which appear with their original pagination. These studies have been selected because they throw a sharp light on central elements of the role of religion in determining the structure of the rights of family members in relation to one another, both from an historical and contemporary perspective. While many of the writings are focused on US and European systems, selected writings covering other systems illustrate the universal nature of the topic. The studies are accompanied by a reflective commentary from the editor which sets the writings in a broad context of social, constitutional and philosophical thought, with the aim of stimulating critical thought and discussion.

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Subjects:
Human Rights and Civil Liberties, Family Law
Contents:
Introduction, John Eekelaar.

Part I Religion and the Social Structure: Development of family law in Western and Eastern Europe: common origins, common driving forces, common tendencies, M.V. Antokolskaia
The development of the family and marriage in Europe, Jack Goody.

Part II The Family and the Transmission of Religious Identity: The parental right to control the religious education of the child, L.M. Friedman
Parental disputes, religious upbringing and welfare in English law and the ECHR, Sylvie Langlaude
Responsibility for the soul of the child: the role of the state and parents in determining religious upbringing and education, Rachel E. Taylor
The child's right to religious freedom in international law, Ursula Kilkelly
The child's right to religious freedom and formation of identity, Anat Scolnicov
No 'Rip van Winkels' here: Amish education since Wisconsin v Yoder, D.L. McConnell and C.E. Hurst.

Part III Religion and the Welfare of Family Members: The child cases: how America's religious exemption laws harm children, Alan Rogers
Understanding faith: when religious parents decline conventional medical treatment, A. Lederman
Child fatalities from religion-motivated medical neglect, S.M. Asser and R. Swan
When terror strikes at home: the interface between religion and domestic violence, N. Nason-Clark.

Part IV Religion and Belonging: Understanding the religion in freedom of religion, Jeremy Webber
Religion without God, Ronald Dworkin
Belief in marriage, J. Jane Mair. Part V The Secular State and Religious Groups: Civil and religious law in England: a religious perspective, Rowan Williams
The archbishop and marital pluralism: an American perspective, John Witte
Marriage pluralism in the United States, Linda C. McClain
Human rights under state enforced religious family laws in Israel, Egypt and India, Yuksel Sezgin
Personal autonomy and the option of religious law, Farrah Ahmed
A 'deviant' solution: the Israeli Agunah and the religious sanctions law, Pascale Fournier, Pascal McDougall and Merrisa Lichtsztral
The wife's right to divorce on the basis of the delegation condition under Islamic and Iranian law, A.R. Bariklou
Family law in diverse societies, Maleiha Malik.

Index.