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Normativity and Diversity in Family Law: Lessons from Comparative Law

Edited by: Nadjma Yassari, Marie-Claire Foblets

ISBN13: 9783030831080
Published: November 2022
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Paperback (Hardback in 2021)
Price: £139.99
Hardback edition , ISBN13 9783030831059



With regard to family law, this volume examines claims based on cultural tradition, ethnic background, custom, religious affiliation and sexual orientation, as well as various other "claims" that are not officially recognized in state law, in 15 jurisdictions around the world.

The country reports seek to determine whether these claims represent a challenge to family law as conceived by the state, and if so, how these challenges are being managed. The focus lies on the interaction between (i) claims and traditions raising minority-related and diversity-related issues and (ii) the state as the addressee of these demands for accommodation. The reports identify specific instances and situations that have proven (and in many cases still are) particularly difficult to resolve. They force decision-makers to engage in a delicate balancing act between different, often clashing interests.

Subjects:
Family Law
Contents:
Uniform Law in a Divided Society: A Closer Look at the Iraqi Personal Status Code
Pakistan Country Report: Challenges and Prospects
Quelle place pour la diversite en droit tunisien du Statut personnel?
United Arab Emirates: Temporary Multiculturalism, but Permanent Legal Pluralism?
Multicultural Challenges in Japanese Family Law
South Africa's Family Laws: A Potpourri of Some Sort?
Czech Republic
Hungary: The Concept of Family within the Framework of 'Illiberal Democracy'
Romanian Report on Multiculturalism Challenges to Family Law
Multicultural Challenges in German Family Law
Multicultural Challenges in Family Law: Belgian Report
Does Social Diversity Challenge Austrian Family Law? - Love, Law, Limits and Loopholes
Finland
Managing Religious Law in a Secular State: the Case of the Muslims of Western Thrace
How does Turkish Family Law Cope with Different Ways of Living?
General Report: Diverse Families: a Challenge to Law or just Business as usual? A Comparative Response