Author: Samia Bano
Publisher: Brandeis University Press
Release Date: 2017-05-02
Recently, new methods of dispute resolution in matters of family law-such as arbitration, mediation, and conciliation-have created new forms of legal culture that affect minority communities throughout the world. There are now multiple ways of obtaining restitution through nontraditional alternative dispute resolution (ADR) mechanisms. For some, the emergence of ADRs can be understood as part of a broader liberal response to the challenges presented by the settlement of migrant communities in Western liberal democracies. Questions of rights are framed as "multicultural challenges" that give rise to important issues relating to power, authority, agency, and choice. Underpinning these debates are questions about the doctrine and practice of secularism, citizenship, belonging, and identity. Gender and Justice in Family Law Disputes offers insights into how women's autonomy and personal decision-making capabilities are expressed via multiple formal and nonformal dispute-resolution mechanisms, and as part of their social and legal lived realities. It analyzes the specific ways in which both mediation and religious arbitration take shape in contemporary and comparative family law across jurisdictions. Demarcating lines between contemporary family mediation and new forms of religious arbitration, Bano illuminates the complexities of these processes across multiple national contexts.
Author: Mark Goldfeder
Publisher: Brandeis University Press
Release Date: 2017-05-09
Polygamous marriages are currently recognized in nearly fifty countries worldwide. Although polygamy is technically illegal in the United States, it is practiced by members of some religious communities and a growing number of other "poly" groups. In the radically changing and increasingly multicultural world in which we live, the time has come to define polygamous marriage and address its legal feasibilities. Although Mark Goldfeder does not argue the right or wrong of plural marriage, he maintains that polygamy is the next step - after same-sex marriage - in the development of U.S. family law. Providing a road map to show how such legalization could be handled, he explores the legislative and administrative arguments which demonstrate that plural marriage is not as farfetched - or as far off - as we might think. Goldfeder argues not only that polygamy is in keeping with the legislative values and freedoms of the United States, but also that it would not be difficult to manage or administrate within our current legal system. His legal analysis is enriched throughout with examples of plural marriage in diverse cultural and historical contexts. Tackling the issue of polygamy in the United States from a legal perspective, this book will engage anyone interested in constitutional law, family law, or criminal law, along with sociologists and those who study gender and culture in modern times.
Following the Balfour Declaration and the British conquest of Palestine (1917-1918), the small Jewish community that lived there wanted to establish an elected assembly as its representative body. The issue that hindered this aim was whether women would be part of it. A group of feminist Zionist women from all over the country created a political party that participated in the elections, even before women's suffrage was enacted. This unique phenomenon in Mandatory Palestine resulted in the declaration of women's equal rights in all aspects of life by the newly founded Assembly of Representatives. Margalit Shilo examines the story of these activists to elaborate on a wide range of issues, including the Zionist roots of feminism and nationalism; the ultra-Orthodox Jewish sector's negation of women's equality; how traditional Jewish concepts of women fashioned rabbinical attitudes on the question of women's suffrage; and how the fight for women's suffrage spread throughout the country. Using current gender theories, Shilo compares the Zionist suffrage struggle to contemporaneous struggles across the globe, and connects this nearly forgotten episode, absent from Israeli historiography, with the present situation of Israeli women. This rich analysis of women's right to vote within this specific setting will appeal to scholars and students of Israel studies, and to feminist and social historians interested in how contexts change the ways in which activism is perceived and occurs.
This book offers a fresh interpretation of the connection between the West German Catholic Church and post-1950s political debates on women's reproductive rights and the protection of life in West Germany. According to Tichenor, Catholic women in West Germany, influenced by the culture of consumption, the sexual revolution, Vatican II reforms, and feminism, sought to renegotiate their relationship with the Church. They demanded a more active role in Church ministries and challenged the Church's hierarchical and gendered view of marriage and condemnation of artificial contraception. When the Church refused to compromise, women left en masse. In response, the Church slowly stitched together a new identity for a postsecular age, employing an elaborate nuptial symbolism to justify its stance on celibacy, women's ordination, artificial contraception, abortion, and reproductive technologies. Additionally, the Church returned to a radical interventionist agenda that embraced issue-specific alliances with political parties other than the Christian parties. In her conclusion, Tichenor notes more recent setbacks to the German Catholic Church, including disappointment with the reactionary German Pope Benedict XVI and his failure in 2010 to address over 250 allegations of sexual abuse at twenty-two of Germany's twenty-seven dioceses. How the Church will renew itself in the twenty-first century remains unclear. This closely observed case study, which bridges religious, political, legal, and women's history, will interest scholars and students of twentieth-century European religious history, modern Germany, and the intersection of Catholic Church practice and women's issues.
Author: Orit Rozin
Publisher: Brandeis University Press
Release Date: 2016-07-05
Orit Rozin's inspired scholarship focuses on the construction and negotiation of citizenship in Israel during the state's first decade. Positioning itself both within and against much of the critical sociological literature on the period, this work reveals the dire historical circumstances, the ideological and bureaucratic pressures, that limited the freedoms of Israeli citizens. At the same time it shows the capacity of the bureaucracy for flexibility and of the populace for protest against measures it found unjust and humiliating. Rozin sets her work within a solid analytical framework, drawing on a variety of historical sources portraying the voices, thoughts, and feelings of Israelis, as well as theoretical literature on the nature of modern citizenship and the relation between citizenship and nationality. She takes on both negative and positive freedoms (freedom from and freedom to) in her analysis of three discrete yet overlapping issues: the right to childhood (and freedom from coerced marriage at a tender age); the right to travel abroad (freedom of movement being a pillar of a liberal society); and the right to speak out - not only to protest without fear of reprisal, but to speak in the expectation of being heeded and recognized. This book will appeal to scholars and students of Israeli history, law, politics, and culture, and to scholars of nation building more generally.
Author: Janet Bennion
Publisher: Oxford University Press
Release Date: 1998-10-08
Genre: Social Science
This book offers an in-depth study of the female experience in one Mormon polygynous community, the Apostolic United Brethren. Women in such rigid, patriarchal religious groups are commonly portrayed as the oppressed, powerless victims of male domination. Janet Bennion shows, however, that the reality is far more complex. Many women converts are attracted to this group, and they are much more likely than male converts to remain there. Often these women are seeking improved socio-economic status for themselves and their children, as well as an escape from their marginalized status in the mainstream Mormon church. In the polygynous group women experience rapid assimilation, autonomy, and upward mobility. Bennion supports her study with narratives from the lives of women now living in the group--narratives that clearly reveal why many mainstream Mormon women are viewing polygyny as a viable alternative to the difficulties to single-motherhood, "spinsterhood," poverty, and emotional deprivation.
Author: Janet Bennion
Publisher: University Press of Colorado
Release Date: 2016-03-01
The practice of polygamy occupies a unique place in North American history and has had a profound effect on its legal and social development. The Polygamy Question explores the ways in which indigenous and immigrant polygamy have shaped the lives of individuals, communities, and the broader societies that have engaged with it. The book also considers how polygamy challenges our traditional notions of gender and marriage and how it might be effectively regulated to comport with contemporary notions of justice. The contributors to this volume—scholars of law, anthropology, sociology, political science, economics, and religious studies—disentangle diverse forms of polygamy and polyamory practiced among a range of religious and national backgrounds including Mormon and Muslim. They chart the harms and benefits these models have on practicing women, children, and men, whether they are independent families or members of coherent religious groups. Contributors also address the complexities of evaluating this form of marriage and the ethical and legal issues surrounding regulation of the practice, including the pros and cons of legalization. Plural marriage is the next frontier of North American marriage law and possibly the next civil rights battlefield. Students and scholars interested in polygamy, marriage, and family will find much of interest in The Polygamy Question. Contributors include Kerry Abrams, Martha Bailey, Lori Beaman, Janet Bennion, Jonathan Cowden, Shoshana Grossbard, Melanie Heath, Debra Majeed, Rose McDermott, Sarah Song, and Maura Irene Strassberg.
Author: Stuart A. Wright
Publisher: NYU Press
Release Date: 2011-10-01
In April 2008, state police and child protection authorities raided Yearning for Zion Ranch near Eldorado, Texas, a community of 800 members of the Fundamentalist Church of Jesus Christ Latter Day Saints (FLDS), a polygamist branch of the Mormons. State officials claimed that the raid, which was triggered by anonymous phone calls from an underage girl to a domestic violence hotline, was based on evidence of widespread child sexual abuse. In a high-risk paramilitary operation, 439 children were removed from the custody of their parents and held until the Third Court of Appeals found that the state had overreached. Not only did the state fail to corroborate the authenticity of the hoax calls, but evidence reveals that Texas officials had targeted the FLDS from the outset, planning and preparing for a confrontation. Saints under Siege provides a thorough, theoretically grounded critical examination of the Texas state raid on the FLDS while situating this event in a broader sociological context. The volume considers the raid as an exemplar case of a larger pattern of state actions against minority religions, offering comparative analyses to other government raids both historically and across cultures. In its look beyond the Texas raid, it provides compelling evidence of social intolerance and state repression of unpopular minority faiths in general, and the FLDS in particular.
Author: Paul A. Djupe
Publisher: Infobase Publishing
Release Date: 2014-07-01
Genre: Religion and politics
Presents an encyclopedia of religion and politics in America including short biographies of important political and religious figures like Ralph Abernathy, civil rights leader, and Ralph Waldo Emerson, writer, and synopses of religious entities like the Branch Davidians and the Episcopal church as well as important court cases of relevancy like Epperson et al. v. Arkansas having to do with evolution.