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Managing Family Justice in Diverse Societies

Edited by: Mavis Maclean, John Eekelaar

ISBN13: 9781782256229
Published: August 2015
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2013)
Price: £27.99
Hardback edition , ISBN13 9781849464000

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The aim of this book is to explore what response the law has or should have to different family practices arising from cultural and religious beliefs. The issue has become increasingly debated as western countries have become more culturally diverse.

Although discussion has frequently focused on the role Islamic family law should have in these countries, this book seeks to set that discussion within a wider context that includes consideration both of theoretical issues and also of empirical data about the interaction between specific family practices and state law in a variety of jurisdictions ranging from England and Wales to Bangladesh, Botswana, Spain, Poland, France, Israel, Iran and South Africa.

The contributors to the 17 chapters approach the subject matter from a variety of perspectives, illustrating its complex and often sensitive nature. The book does not set out to propose any single definitive strategy that should be adopted, but provides material on which researchers, advocates and policy makers can draw in furthering their understanding of and seeking solutions to the problems raised by this significant social development.

Family Law
Introduction Mavis Maclean and John Eekelaar

Part I: Theories, Ideologies and Strategies
1. Law and Community Practices John Eekelaar
2. Religious Norms in Family Law: Implications for Group and Personal Autonomy Farrah Ahmed
3. Shadow Boxing with Community Practices: A Response to Eekelaar Prakash Shah
4. Muslim Dispute Resolution in Britain: Towards a New Framework of Family Law Governance? Samia Bano

Part II: Regulating the Interaction between Religious and Secular Norms in Different Jurisdictions
5. A 'Deviant' Solution: The Israeli Agunah and the Religious Sanctions Law Pascale Fournier, Pascal McDougall and Merissa Lichtsztral
6. The Gendered Benefits and Costs of Legal Pluralism for Muslim Family Law in South Africa Waheeda Amien
7. Assessing the Impact of Legislating for Diversity: The Forced Marriage (Civil Protection) Act 2007 Mavis Maclean
8. Religious Freedom and Protection of the Right to Life in Minors: A Case Study Teresa Piconto-Novales
9. Cultural Norms, National Laws and Human Rights: How do we Balance Respect for Diversity and the Rights of the Vulnerable? The Case of Under Age Marriage of Roma Girls and Boys in Europe Jacek Kurczewski and Malgorzata Fuszara
10. Child Access Services in France: A Universal Service serving Diverse Clients Yasmine Debarge and Benoit Bastard

Part III: Non-state Responses to the Interpenetration of Social Norms between Communities
11. Accommodating Religious Divorce in the Secular State: A Case Study Analysis Gillian Douglas with Norman Doe, Russell Sandberg, Sophie Gilliat-Ray and Asma Khan
12. How Parties to Sikh Marriages use and are influenced by the Norms of their Religion and Culture when engaging with Mediation Jagbir Jhutti-Johal
13. Managing Expectations: Negotiating Succession under Plural Legal Orders in Botswana Anne Griffiths
14. Rights, Women and Human Rights Change in Iran Nazila Ghanea
15. Muslim Family Law in Bangladesh: Resistance to Secularisation Farah Deeba Chowdhury Part IV: Reflections
16. How much Family Conduct do we need to Regulate through Family Law? Jordi Ribot
17. Variation and Change in Normative Parental Discipline: Persuasion or Legislation? Marjorie Smith and Ann Phoenix