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: Christine Talbot
Publisher: University of Illinois Press
Release Date: 2013-12-30
The years from 1852 to 1890 marked a controversial period in Mormonism, when the church's official embrace of polygamy put it at odds with wider American culture. In this study, Christine Talbot explores the controversial era, discussing how plural marriage generated decades of cultural and political conflict over competing definitions of legitimate marriage, family structure, and American identity. In particular, Talbot examines "the Mormon question" with attention to how it constructed ideas about American citizenship around the presumed separation of the public and private spheres. Contrary to the prevailing notion of man as political actor, woman as domestic keeper, and religious conscience as entirely private, Mormons enfranchised women and framed religious practice as a political act. The way Mormonism undermined the public/private divide led white, middle-class Americans to respond by attacking not just Mormon sexual and marital norms but also Mormons' very fitness as American citizens. Poised at the intersection of the history of the American West, Mormonism, and nineteenth-century culture and politics, this carefully researched exploration considers the ways in which Mormons and anti-Mormons both questioned and constructed ideas of the national body politic, citizenship, gender, the family, and American culture at large.
Author: John Witte, Jr
Publisher: Cambridge University Press
Release Date: 2015-04-30
For more than 2,500 years, the Western tradition has embraced monogamous marriage as an essential institution for the flourishing of men and women, parents and children, society and the state. At the same time, polygamy has been considered a serious crime that harms wives and children, correlates with sundry other crimes and abuses, and threatens good citizenship and political stability. The West has thus long punished all manner of plural marriages and denounced the polygamous teachings of selected Jews, Muslims, Anabaptists, Mormons, and others. John Witte, Jr carefully documents the Western case for monogamy over polygamy from antiquity until today. He analyzes the historical claims that polygamy is biblical, natural, and useful alongside modern claims that anti-polygamy laws violate personal and religious freedom. While giving the pro and con arguments a full hearing, Witte concludes that the Western historical case against polygamy remains compelling and urges Western nations to hold the line on monogamy.
Adultery scandals involving politicians. Dating websites for married women and men. News reports on raids of polygamous communities. It seems that non-monogamy is everywhere: in popular culture, in the news, and before the courts. In Fraught Intimacies, Nathan Rambukkana delves into how polygamy, adultery, and polyamory are represented in the public sphere. His intricate analysis reveals how some forms of non-monogamy are tacitly accepted, even glamourized, while others are vilified and reviled. By questioning what this says about intimacy, power, and privilege, this book offers an innovative framework for understanding the status of non-monogamy in Western society.
Author: Ronald C. Den Otter
Publisher: Cambridge University Press
Release Date: 2015-05-28
With over half of Americans now in favor of marriage equality, it is clear that societal norms of marriage are being quickly redefined. The growing belief that the state may not discriminate against gays and lesbians calls into question whether the state may limit other types of marital unions, including plural marriage. While much has been written about same-sex marriage, as of yet there has been no book-length legal treatment of unions among three or more individuals. The first major study on plural marriage and the law, In Defense of Plural Marriage begins to fill this lacuna in the scholarly literature. Ronald C. Den Otter shows how the constitutional arguments that support the option of plural marriage are stronger than those against. Ultimately, he proposes a new semi-contractual marital model that would provide legal recognition for a wide range of intimate relationships.
Author: Ludwig Ganghofer
Publisher: BoD – Books on Demand
Release Date: 2013-04
Diese Hardcover-Ausgabe ist Teil der TREDITION CLASSICS. Der Verlag tredition aus Hamburg veroffentlicht in der Buchreihe TREDITION CLASSICS Werke aus mehr als zwei Jahrtausenden. Diese waren zu einem Grossteil vergriffen oder nur noch antiquarisch erhaltlich. Mit TREDITION CLASSICS verfolgt tredition das Ziel, tausende Klassiker der Weltliteratur verschiedener Sprachen wieder als gedruckte Bucher zu verlegen - und das weltweit! Die Buchreihe dient zur Bewahrung der Literatur und Forderung der Kultur. Sie tragt so dazu bei, dass viele tausend Werke nicht in Vergessenheit geraten