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Research Handbook on Marriage, Cohabitation and the Law

Research Handbook on Marriage, Cohabitation and the Law

  • 作者:
  • 出版商: Edward Elgar Publishing
  • ISBN: 9781802202649
  • 出版时间 May 2024
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥2,585.00

¥2,507.45 Save ¥77.55 (3%)

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  • 描述 
  • 大纲 
  • 详细

    This insightful Research Handbook provides an international perspective on the key legal debates surrounding marriage and cohabitation. Drawing on the expertise of established and emerging scholars, a comparative approach is used to analyse cross-jurisdictional trends and divergences in relationship recognition and family formation.

    Chapter authors explore the contested meanings and changing boundaries of marriage, the scope and role of alternative opt-in regimes, and the justification for conferring rights and responsibilities based on intimate relationships. Responding to the rising numbers of couples cohabiting without formalising their relationship, contributors examine how legal systems should respond to these changing patterns of relationships, and what it means to be a ‘family’ in different societies. Ultimately, they argue against imposing a particular view of what marriage should be, showcasing the importance of a diverse range of views and perspectives on the topic.

    The Research Handbook on Marriage, Cohabitation and the Law presents a comprehensive overview of the field, and will be an invaluable resource for students and scholars of family law, law and gender, and law and society. It will also be an essential guide for policy-makers and legal practitioners seeking insights into the processes of family formation across jurisdictions.

  • Introduction: Marriage and cohabitation – Global debates, challenges, and perspectives 1
    Sharon Thompson and Rebecca Probert

    PART I. WHY MARRY? THE MEANING OF MODERN MARRIAGE
    1.
    What is the purpose of marriage in contemporary legal regulation? 8
    Alan Brown
    2.
    Separating marriage from the state 22
    Daniel J. Hill
    3.
    The feminist case against marriage 37
    Rosemary Auchmuty

    PART II. THE VARIED FORMS OF ENTRY INTO MARRIAGE
    4.
    Marriage formation in Europe from the late middle ages until the late eighteenth century 57
    Saskia Lettmaier
    5.
    Universal civil marriage: A blueprint for the future or an idea whose time has passed? 72
    Rebecca Probert
    6.
    The fractured landscape of South African marriage and family law: Future directions 86
    Elsje Bonthuys
    7.
    Marriage, the law and pluralism in Ghana 101
    Augustina Akoto

    PART III. THE CHANGING BOUNDARIES OF MARRIAGE
    8.
    The (non)recognition of same-sex marriage in South Africa, Nigeria and Uganda 117
    Zanele Nyoni-Wood
    9.
    Polygamy in English marriage law – critical postcolonial perspectives 132
    Zainab Batul Naqvi
    10.
    Prohibiting polygamy, yet permitting plurality? 147
    Ellen Forsyth, Caroline Mirza and Rebecca Probert
    11.
    Child marriage: The denial of autonomy by conferring the status of
    marriage on a child 168
    Arthur van Coller
    12.
    Exploring arranged marriage: Breaking biased frames and uncovering
    a much misunderstood marital institution 184
    Naema Tahir
    13.
    Comparative consanguinity law: A global study of cousin marriage regulations 201
    Patrick S. Nash

    PART IV. FORMAL ALTERNATIVES TO MARRIAGE
    14.
    Why registered partnerships? A comparative overview 215
    Jens M. Scherpe
    15.
    Mixed-sex civil partnerships: A blank canvas or painting by numbers? 226
    Andy Hayward
    16.
    Twenty years of PACS: The specificities of the French civil union 244
    Wilfried Rault
    17.
    Un-coupling family law revisited: Non-conjugal adult unions in family law 262
    Frederik Swennen

    PART V. COHABITATION AND THE LEGAL REGULATION OF UNFORMALISED RELATIONSHIPS
    18.
    Demographic perspectives on cohabitation 282
    Brienna Perelli-Harris and Bernice Kuang
    19.
    Regulation of cohabitation in the Nordic countries 299
    Tone Sverdrup
    20.
    Cohabitation law reform in England and Wales: The case for reform and challenges of definition 307
    Kathy Griffiths
    21.
    Is cohabitation an obligation-free zone? 322
    Gillian Douglas
    22.
    Cohabitation contracts and gender equality 337
    Sharon Thompson

    PART VI. THE CONSEQUENCES OF MARRIAGE AND COHABITATION
    23.
    Consummating in court 355
    Alexander Maine
    24.
    Complex relationships: Marriage and relationship status, procreation and criminal law 369
    Cameron Giles
    25.
    Unhappy families and lying wives: Myths and stereotypes about intimate partner violence 385
    Jennifer Koshan
    26.
    Prenuptial agreements in comparative perspective 399
    Sharon Thompson
    27.
    The meaning of marriage and approaches to the division of assets in Sweden, the Netherlands and England and Wales 415
    Anna Heenan
    28.
    Relational vulnerability: A theory of family, unpaid work, and the state 429
    Ellen Gordon-Bouvier

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