By Joel A. Nichols
American relations legislation makes key assumptions: first, that the civil nation possesses sole authority over marriage and divorce; and moment, that the civil legislations may possibly include just one regulatory regime for such concerns. those assumptions run counter to the multicultural and religiously plural nature of our society. also they are incorrect. This ebook elaborates how these assumptions are descriptively flawed, and it starts an enormous dialog approximately even if extra pluralism in relatives legislation is normatively fascinating. for instance, could depend on spiritual tribunals (Jewish, Muslim, or in a different way) to make a decision family members legislations disputes? could choose into stricter divorce ideas, both via premarital contracts or "covenant marriages?" How may still the kingdom reply while purport to do these items? deliberately interdisciplinary and foreign in scope, this quantity comprises contributions from fourteen best students. The authors tackle the provocative query of even if the country needs to examine sharing its jurisdictional authority with different teams in kinfolk legislations.
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Additional resources for Marriage and Divorce in a Multicultural Context: Multi-Tiered Marriage and the Boundaries of Civil Law and Religion
Example text
Rev. Stat. Ann. §§ 25–901 to€–906 (2007). Ark. Code Ann. §§ 9–11–801 to€–811 (2009). Spaht, “Modern American Covenant Marriage Movement,” 247. Ariz. Rev. Stat. Ann. § 13–3601 (2010). See Spaht, “Modern American Covenant Marriage Movement,” 248–249. Y. Dom. Rel. Law §§ 236B, 253 (McKinney 2010). ” Elliot N. Dorff and Arthur Rosett, A Living Tree: The Roots and 24 Joel A. Nichols discussed is the fundamental change in family law wrought by the get statutes. And what becomes apparent on closer investigation is that the get statutes introduce a major change in American family law by acknowledging that there may be more than one jurisdictional claim on a married couple and that there may be more than only the singular one-size-fits-all conception of marriage typically promulgated by the state.
Deuteronomy 24:1 (JPS translation). Irwin H. Haut, Divorce in Jewish Law and Life (New York: Sepher-Hermon Press, 1983), 18 (quoting Babylonian Talmud, Yevamot, 112b). See Michael J. Broyde, Marriage, Divorce, and the Abandoned Wife in Jewish Law: A Conceptual Understanding of the Agunah Problems in America (Hoboken, NJ: Ktav Publishing House, 2001), 15–27; Haut, Divorce in Jewish Law, 18–25. Reconsidering the Boundaries 25 judicial involvement.
Ariz. Rev. Stat. Ann. §§ 25–901 to€–906 (2007). Ark. Code Ann. §§ 9–11–801 to€–811 (2009). Spaht, “Modern American Covenant Marriage Movement,” 247. Ariz. Rev. Stat. Ann. § 13–3601 (2010). See Spaht, “Modern American Covenant Marriage Movement,” 248–249. Y. Dom. Rel. Law §§ 236B, 253 (McKinney 2010). ” Elliot N. Dorff and Arthur Rosett, A Living Tree: The Roots and 24 Joel A. Nichols discussed is the fundamental change in family law wrought by the get statutes. And what becomes apparent on closer investigation is that the get statutes introduce a major change in American family law by acknowledging that there may be more than one jurisdictional claim on a married couple and that there may be more than only the singular one-size-fits-all conception of marriage typically promulgated by the state.