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Research handbook on marriage, cohabitation and the law

Title
Research handbook on marriage, cohabitation and the law / edited by Rebecca Probert, (Professor of Law, Law School, University of Exeter) and Sharon Thompson, (Reader in Law, School of Law and Politics, Cardiff University, UK).
ISBN
9781802202656 (e-book)
Publication
Northampton : Edward Elgar Publishing, 2024.
Physical Description
1 online resource (494 pages).
Notes
Description based on print record.
Summary
"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"-- Provided by publisher.
Format
Books
Language
English
Added to Catalog
May 29, 2024
Series
Research handbooks in family law.
Research handbooks in family law.
Contents
Contents: Introduction: Marriage and cohabitation - global debates, challenges, and perspectives / 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? / Alan Brown
2. Separating marriage from the state / Daniel J. Hill
3. The feminist case against marriage / 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 / Saskia Lettmaier
5. Universal civil marriage: A blueprint for the future or an idea whose time has passed? / Rebecca Probert
6. The fractured landscape of South African marriage and family law: Future directions / Elsje Bonthuys
7. Marriage, the law and pluralism in Ghana / Augustina Akoto
Part III: The changing boundaries of marriage
8. The (non)recognition of same-sex marriage in South Africa, nigeria and Uganda / Zanele Nyoni-Wood
9. Polygamy in english marriage law - critical postcolonial perspectives / Zainab Batul Naqvi
10. Prohibiting polygamy, yet permitting plurality? / Ellen Forsyth, Caroline Mirza and Rebecca Probert
11. Child marriage: The denial of autonomy by conferring the status of marriage on a child / Arthur van Coller
12. Exploring arranged marriage: Breaking biased frames and uncovering a much misunderstood marital institution / Naema Tahir
13. Comparative consanguinity law: A global study of cousin marriage regulations / Patrick S. Nash
Part IV: Formal alternatives to marriage
14. Why registered partnerships? A comparative overview / Jens M. Scherpe
15. Mixed-sex civil partnerships: A blank canvas or painting by numbers? / Andy Hayward
16. Twenty years of pacs: The specificities of the French civil union / Wilfried Rault
17. Un-coupling family law revisited: Non-conjugal adult unions in family law / Frederik Swennen
Part V: Cohabitation and the legal regulation of unformalised relationships
18. Demographic perspectives on cohabitation / Brienna Perelli-Harris and Bernice Kuang
19. Regulation of cohabitation in the nordic countries / Tone Sverdrup
20. Cohabitation law reform in England and Wales: The case for reform and challenges of definition / Kathy Griffiths
21. Is cohabitation an obligation-free zone? / Gillian Douglas
22. Cohabitation contracts and gender equality / Sharon Thompson
Part VI: The consequences of marriage and cohabitation
23. Consummating in court / Alexander Maine
24. Complex relationships: Marriage and relationship status, procreation and criminal law / Cameron Giles
25. Unhappy families and lying wives: Myths and stereotypes about intimate partner violence / Jennifer Koshan
26. Prenuptial agreements in comparative perspective / Sharon Thompson
27. The meaning of marriage and approaches to the division of assets in Sweden, the Netherlands and England and Wales / Anna Heenan
28. Relational vulnerability: A theory of family, unpaid work, and the state / Ellen Gordon-Bouvier.
Genre/Form
Electronic books.
Citation

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