Gender And Justice In Family Law Disputes

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Gender And Justice In Family Law Disputes

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Author : Samia Bano
language : en
Publisher: Brandeis University Press
Release Date : 2017-05-02

Gender And Justice In Family Law Disputes written by Samia Bano and has been published by Brandeis University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-02 with Law categories.

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.

Rights Gender And Family Law

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Author : Julie Wallbank
language : en
Publisher: Routledge
Release Date : 2009-12-04

Rights Gender And Family Law written by Julie Wallbank and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-12-04 with Law categories.

There has been a widespread resurgence of rights talk in social and legal discourses pertaining to the regulation of family life, as well as an increase in the use of rights in family law cases, in the UK, the US, Canada and Australia. Rights, Gender and Family Law addresses the implications of these developments – and, in particular, the impact of rights-based approaches upon the idea of welfare and its practical application. There are now many areas of family law in which rights and welfare based approaches have been forced together. But whilst, to many, they are premised upon different ethics – respectively, of justice and of care – for others, they can nevertheless be reconciled. In this respect, a central concern is the 'gender-blind' character of rights-based approaches, and the ontological and practical consequences of their employment in the gendered context of the family. Rights, Gender and Family Law explores the tensions between rights-based and welfare-based approaches: explaining their differences and connections; considering whether, if at all, they are reconcilable; and addressing the extent to which they can advantage or disadvantage the interests of women, children and men. It may be that rights-based discourses will dominate family law, at least in the way that social policy and legislation respond to calls of equality of rights between mothers and fathers. This collection, however, argues that rights cannot be given centre-stage without thinking through the ramifications for gendered power-relations, and the welfare of children. It will be of interest to researchers and scholars working in the fields of family law, gender studies and social welfare.

Women Matrimonial Litigation And Alternative Dispute Resolution Adr

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Author : Neelam Tyagi
language : en
Publisher: Springer Nature
Release Date : 2021-04-05

Women Matrimonial Litigation And Alternative Dispute Resolution Adr written by Neelam Tyagi and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-05 with Law categories.

This book examines the practice of Alternative Dispute Resolution (ADR) as it stands today in the context of matrimonial disputes and for providing gender justice for women undergoing matrimonial litigation. ADR is a fairly recent but increasingly prevalent phenomenon that has significantly evolved due to the failure of the adversarial process of litigation to provide timely resolution of disputes. The book explores the merit and demerit of traditional litigation process and emergence, socio-legal framework, work environment and success rate of various ADR processes in general and for resolving matrimonial disputes in particular. It comprehensively discusses the role of various institutions and attitudes and perceptions of ADR practitioners. It analyzes the influence of patriarchal cultural assumptions of appropriate feminine behaviour and its effect on ADR practitioners like mediators and counsellors that leads to the marginalization of aggrieved woman’s issues. With a brief analysis of the experience and challenges faced with the way the ADR process is conducted, the focus is on probing the vulnerability of aggrieved women. The book critiques the practice of ADR as it is today and offers constructive ways forward by providing suggestions, insights, and analysis that could bring about a transformation in the way justice is delivered to women. This in-depth study is an attempt to guide decision making by bringing forth and legitimizing the battered women’s voice which often goes unrepresented, in the debate about the efficacy of ADR mechanism in resolving matrimonial disputes. The book is of interest to those working for justice for women, particularly in the context of matrimonial disputes -- legal professionals, mediators, counsellors, judges, academicians, women rights activists, researchers in the field of gender and women studies, social work and law, ADR educators, policymakers and general readers who are inclined and interested in bringing a gender perspective to their area of work.

Family Law

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Author : Flavia Agnes
language : en
Publisher: Oxford University Press
Release Date : 2011-02-17

Family Law written by Flavia Agnes and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-02-17 with Law categories.

Family law in India has a complex legal structure where different religious communities are guided by their own personal laws, each of which historically evolved under various social, religious, political, and legal influences. In two comprehensive and lucid volumes, Flavia Agnes, a leading activist and advocate in the area, examines family law in the light of social realities, contemporary rights discourse, and the idea of justice. What is unique in these volumes is that the ground level litigation practices around women's rights are interwoven with the critical analyses of the statutory provisions. Relying extensively upon case law, Volume 2 examines: the litigation around the validity of marriage and procedures for dissolving it, the contemporary debates around issues such as child marriages, NRI marriages, and registration of marriages the framework of law on the issues of maintenance, matrimonial residence, and custody and guardianship of children, and whether considering the procedural aspects of matrimonial law, and the increased powers of the family courts, gender justice concerns are being adequately addressed. The volume also emphasizes that it is necessary and possible for the law to fairly reflect individual and social contingencies at the ground level.

What Is A Family Justice System For

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Author : Mavis Maclean
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-08-25

What Is A Family Justice System For written by Mavis Maclean and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-25 with Law categories.

Does a justice system have a welfare function? If so, where does the boundary lie between justice and welfare, and where can the necessary resources and expertise be found? In a time of austerity, medical emergency, and limited public funding, this book explores the role of the family justice system and asks whether it has a function beyond decision-making in dispute resolution. Might a family justice system even help to prevent or minimise conflict as well as resolving dispute when it arises? The book is divided into 4 parts, with contributions from 22 legal scholars working across Europe, Australia, Argentina and Canada. - Part 1 looks at what constitutes a family justice system in different jurisdictions, and how a welfare element is included in the legal framework. - Part 2 looks at those engaged with a family justice system as professionals and users, and explores how far private ordering is encouraged in different countries. - Part 3 looks at new ways of working within a family justice system and raises the question of whether the move towards privatisation derives from the intrinsic value of individual autonomy and acceptance of responsibility in family disputes, or whether it is also a response to the increasing burden on the state of providing a welfare-minded family justice system. - Part 4 explores recent major changes of direction for the family justice systems of Australia, Argentina, Turkey, Spain, and Germany.

Women S Access To Justice

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Author :
language : en
Publisher:
Release Date : 1997

Women S Access To Justice written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Costs (Law) categories.

Family Law And Gender Bias

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Author : Nicholas Mercuro
language : en
Publisher: JAI Press(NY)
Release Date : 1992

Family Law And Gender Bias written by Nicholas Mercuro and has been published by JAI Press(NY) this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Bias (Law) categories.

Blues, by Steven H. Hobbs

Gender Justice And Legal Reform In Egypt

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Author : Mulki al-Sharmani
language : en
Publisher: American University in Cairo Press
Release Date : 2017-10-20

Gender Justice And Legal Reform In Egypt written by Mulki al-Sharmani and has been published by American University in Cairo Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-20 with Law categories.

In Egypt's modern history, reform of personal status laws has often formed an integral part of political, cultural, and religious contestations among different factions of society. From the beginning of the twenty-first century, two significant reforms were introduced in Egyptian personal status laws: women's right to petition for no-fault judicial divorce law (khul') and the new mediation-based family courts. Legal Reform and Gender Justice examines the interplay between legal reform and gender norms and practices. It examines the processes of advocating for, and contesting the khul' and new family courts laws, shedding light on the agendas and strategies of the various actors involved. It also examines the ways in which women and men have made use of these legal reforms; how judges and other court personnel have interpreted and implemented them; and how the reforms may have impacted women and men's understandings, expectations, and strategies when navigating marriage and spousal roles. Drawing on an extensive four-year field study, Al-Sharmani highlights the complexities and mixed impacts of legal reform, not only as a mechanism of claiming gender rights but also as a system of meanings that shape, destabilize, or transform gender norms and practices.

Mapping Paths To Family Justice

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Author : Anne Barlow
language : en
Publisher: Springer
Release Date : 2017-03-07

Mapping Paths To Family Justice written by Anne Barlow and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-07 with Social Science categories.

​The family justice system in England and Wales has undergone radical change over the past 20 years. A significant part of this shifting landscape has been an increasing emphasis on settling private family disputes out of court, which has been embraced by policy-makers, judges and practitioners alike and is promoted as an unqualified good. Mapping Paths to Family Justice: Resolving Family Disputes in Neoliberal Times examines the experiences of people taking part in out-of-court family dispute resolution in England and Wales. It addresses questions such as how participants’ experiences match up to the ideal; how recent changes to the legal system have affected people’s ability to access out-of-court dispute resolution; and what kind of outcomes are achieved in family dispute resolution. This book is the first study systematically to compare different forms of family dispute resolution. It explores people’s experiences of solicitor negotiations, mediation and collaborative law empirically by analyzing findings from a nationally representative survey, individual in-depth interviews with parties and practitioners, and recorded family dispute resolution processes. It considers these in the context of ongoing neoliberal reforms to the family justice system, drawing out conclusions and implications for policy and practice.

Family Law Ii

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Author : Flavia Agnes
language : en
Publisher: OUP India
Release Date : 2012-01-26

Family Law Ii written by Flavia Agnes and has been published by OUP India this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-26 with Law categories.

Combining facts and analysis, the volume examines the laws and cases relating to matrimonial rights and obligations, marriage and divorce, constitutional claims and family courts. It is a comprehensive exploration of the state of gender justice in contemporary India from the legal perspective.