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Marriage and Divorce in a Multi-Cultural Context

Marriage and Divorce in a Multi-Cultural Context

Multi-Tiered Marriage and the Boundaries of Civil Law and Religion

by Joel A. Nichols
Paperback
Publication Date: 11/07/2013

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American family law makes two key assumptions: first, that the civil state possesses sole authority over marriage and divorce; and second, that the civil law may contain only one regulatory regime for such matters. These assumptions run counter to the multicultural and religiously plural nature of our society. This book elaborates how those assumptions are descriptively incorrect, and it begins an important conversation about whether more pluralism in family law is normatively desirable. For example, may couples rely upon religious tribunals (Jewish, Muslim, or otherwise) to decide family law disputes? May couples opt into stricter divorce rules, either through premarital contracts or 'covenant marriages'? How should the state respond? Intentionally interdisciplinary and international in scope, this volume contains contributions from fourteen leading scholars. The authors address the provocative question of whether the state must consider sharing its jurisdictional authority with other groups in family law.
ISBN:
9781107614369
9781107614369
Category:
Family law: marriage & divorce
Format:
Paperback
Publication Date:
11-07-2013
Language:
English
Publisher:
Cambridge University Press
Country of origin:
United Kingdom
Pages:
418
Dimensions (mm):
229x152x22mm
Weight:
0.55kg

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