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Vol 22 No 10 Oct/Nov 2017

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The Changing Family: International Perspectives on the Family and Family Law

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Edited by: John Eekelaar, Thandabantu Nhlapo

ISBN13: 9781901362992
ISBN: 190136299X
Published: October 1998
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £120.00



Despatched in 6 to 8 days.

Increasing recognition of different family structures has posed dilemmas for family law and policy throughout the world. The problem often takes the form of conflicts between constitutional law or international human rights norms and between traditional forms of family association and emerging new forms of familial living. In this volume,leading family lawyers chart and analyse how family law in countries with a wide variety of different backgrounds has responded to these problems. Divided into six parts, the book examines the social and demographic context, the dynamics of legal assimilation of changes in social norms, the State and pluralism, the constitutionalisation of family law, social and natural parenthood and the reconciliation of changing norms and changing family forms. In doing this it provides many insights into the differences and similarities between developments in western and non-western countries and the ways in which all systems seek to reconcile official law and ideology with social behaviour.

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Subjects:
Family Law
Contents:
PART ONE—THE CHANGING FACE OF FAMILY LAW IN THE CONTEXT OF SOCIAL AND IDEOLOGICAL CHANGE
1. Social Change in Europe and its Impact on Family Structures
Franz Rothenbacher (Mannheimer Zentrum für Europaische Sozialforschung, Universitàt Mannheim, Germany)
2. The Changing Pattern of Family Structure in Nigeria: Issues, Problems and Strategies for Family Support
Oluwatoyin Ipaye (Faculty of Law, Lagos State University, Ojo, Nigeria)
3. Long-term Developments in Family Law in Western Europe: an Explanation
Harry Willekens (Mannheimer Zentrum für Europaische Sozialforschung, Universitàt Mannheim, Germany)
4. The New Codification of Russian Family Law
Olga Khazova (Institute of State and Law, Russian Academy of Sciences, Moscow, Russia)
5. The Development of Japanese Family Law from 1898 to 1997 and its Relationship to Social and Political Change
Yukiko Matsushima (Department of Law, Dokkyo University, Soka City, Japan)
6. The Relationship between Social Change and Family Law in Korea
Mi-Kyung Cho (College of Law, Seoul National University, Seoul, Korea)
7. Ireland: the Family and the Law in a Divided Land
Kerry O’Halloran (Centre for Voluntary Action Studies, School of Health and Community Studies, University of Ulster, Newtownabbey, N. Ireland, UK)
8. Should and can Family Law influence Social Behaviour?
Anders Agell (Professor Emeritus, Juridiska Institut, University of Uppsala, Sweden)
9. Family Law in Namibia: the Challenge of Customary and Constitutional Law
M. O. Hinz (Faculty of Law, University of Namibia, Windhoek, Namibia)
10. Changing Families and Changing Concepts: Reforming the Language of Family Law
Andrew Bainham (Christ’s College, Cambridge, UK)
PART TWO—THE DYNAMICS OF LEGAL ASSIMILATION OF CHANGES IN SOCIAL NORMS
11.The Proposed Abolition of De Facto Unions in Tanzania: A Case of Sailing against the Social Current
Bart Rwezaura (Faculty of Law, The University of Hong Kong, Hong Kong, China)
12.Marriage by Affidavit: Developing Alternative Laws on Cohabitation in Kenya
Janet Kabeberi-Macharia and Celestine Nyamu (Faculty of Law, University of Nairobi, Nairobi, Kenya)
13. Why I can’t teach Customary Law
Julie E. Stewart (Department of Private Law, University of Zimbabwe, Harare, Zimbabwe)
14. Reducing Discretion in Family Law
John Dewar (School of Law, Griffith University, Brisbane, Australia)
15. Equality or Inequality within the Family? Ideology, Reality and the Law’s Response
Rebecca Bailey-Harris (Faculty of Law, University of Bristol, Bristol, UK)
16. The Law and Morality of Support in the wider Family in Germany and Tanzania: Changing Perceptions of Family Forms
Chris Jones-Pauly (Institut für Afrikastudien, Universität Bayreuth,Germany)
PART THREE—THE STATE AND PLURALISM
17. Cultural Pluralism and the Rights of the Child
Michael Freeman (Faculty of Laws, University College, London, UK)
18. Family Law in Aotearoa/New Zealand: Facing Ideologies
William R. Atkin and Graeme W. Austin (Faculty of Law, Victoria University of Wellington, Wellington, New Zealand)
19. African Customary Family Law in South Africa: A Legacy of Many Pasts
Jeanne de Koker (Department of Private Law, Vista University, Bloemfontein, South Africa)
20. Language, Cultiure and the Detritus of Apartheid: Understanding and Overcoming Secondary, Systematic buse in South African Child Care Proceedings
F. Noel Zaal (University of Durban-Westville, Durban, South Africa)
21. Signposts on the Road to Equality: Towards the New Millennium for Parents, Children and Families in South Africa
Julia Sloth-Nielsen (Community Law Centre, University of the Western Cape, Bellville, South Africa) and Belinda van Heerden (Faculty of Law, University of Cape Town, Cape Town, South Africa)
22. Constitutional Interpretation of the “Best Interests” Principle in South Africa in Relation to Custody
Nazeem Goolam (Department of Public Law, Vista University,Bloemfontein, South Africa)
23. Same-sex Marriage and the Limits of Legal Pluralism
Lynne D. Wardle (School of Law, Brigham Young University, Provo, Utah, USA)
24. Cohabitation and Registered Partnership in Scandinavia—The Legal Position of Homosexuals
Ingrid Lund-Andersen (Faculty of Law, Aarhus University, Aarhus, Denmark)
25. From Closet to Constitution: The South African Gay Family Rights Odyssey
Elsa Steyn (Faculty of Law, Rand Afrikaans University, Auckland Park, Johannesberg, South Africa)
26. Parental Rights and Social Responsibility in American Child Protection Law
Sanford N. Katz (Boston College Law School, Boston, USA)
PART FOUR—CONSTITUTIONALISING FAMILY LAW
27. The Constitutionalisation of the Family in Poland
Jacek Kurczewski (Institute for Applied Social Studies, University of Warsaw, Warsaw, Poland)
28. Constitutional Interpretation and the Re-constitution of the Family in the United States and South Africa
Barbara Bennett Woodhouse (University of Pennsylvania Law School,Philadelphia, USA)
29. The Child’s Right to Parental and Family Care
J. A. Robinson (Potchefstroom Universiteit vir Christelike Hoer Onderwys, Potchefstroom, South Africa)
30. Ways of Seeing—“Lawyering” for a New Society in South Africa
June Sinclair (Executive Director, University of Pretoria, Pretoria, South Africa)
31. Defending and Protecting Gender Equality and the Family under a Decidedly Undecided Constitution in Zimbabwe
Welshman Ncube (Department of Private Law, University of Zimbabwe, Harare, Zimbabwe)
32. Meaningless Gestures? African Nations and the Convention on the Elimination of all Forms of Discrimination against Women
Fareda Banda (Department of Law, School of Oriental and African Studies, London, UK)
PART FIVE—SOCIAL AND “NATURAL” PARENTHOOD
33. The Nuclear Family—Who Are the Parents?
Jaap E. Doek (Faculty of Law, Free University, Amsterdam, The Netherlands)
34. Families or Households? The Importance of Social Parenthood
John Eekelaar and Mavis Maclean (Centre for Socio-Legal Studies, Wolfson College, Oxford, UK)
35. Child Welfare and Adoption in Modern Greek Law
Efie Kounougeri-Manoledaki (Faculty of Law, University of Thessaloniki, Thessaloniki, Greece)
36. Adoption and Child Welfare in Japanese Law: Has the Special Adoption Law Failed?
Fumio Tokotani (School of International Public Policy, Osaka University, Osaka, Japan)
37. The Gift/Donation Model versus the Contract/Services Model—the Changing Face of Adoption in England and Wales
Nigel Lowe (Cardiff Law School, University of Wales, Cardiff, UK)
38. The Effect of Social Change on Family Structure: Mobility Issues in the Canadian Context
Christine Davies (Faculty of Law, University of Alberta, Edmonton, Canada)
PART SIX—RECONCILING CHANGING NORMS AND CHANGING FORMS
39. African Family Law under an Undecided Constitution—the Challenge for Law Reform in South Africa
Thandabantu Nhlapo (South African Law Commission, Pretoria, South Africa)