Marriage and Divorce in a Multi-Cultural Context
Multi-Tiered Marriage and the Boundaries of Civil Law and Religion
Format:Hardback
Publisher:Cambridge University Press
Published:31st Oct '11
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- Paperback£36.99(9781107614369)
This insightful exploration questions the assumptions surrounding marriage and divorce, advocating for a pluralistic approach in Marriage and Divorce in a Multi-Cultural Context.
In Marriage and Divorce in a Multi-Cultural Context, the author challenges the prevailing assumptions about marriage and divorce within the civil state. It argues that the civil state’s claim to sole authority over these matters is not only descriptively incorrect but also fails to reflect the multicultural and religiously diverse fabric of society. The book critiques the notion that there can only be one regulatory regime governing marriage and divorce, highlighting the need for a more pluralistic approach to family law that accommodates varying cultural and religious perspectives.
The text raises critical questions regarding the role of religious tribunals, such as Jewish and Muslim courts, in resolving family law disputes. It explores whether couples should have the option to adhere to stricter divorce regulations through premarital contracts or covenant marriages. By presenting these inquiries, Marriage and Divorce in a Multi-Cultural Context initiates a vital dialogue on the extent to which the state should share its jurisdictional authority with other groups involved in family law.
With contributions from fourteen distinguished scholars, this work is both interdisciplinary and international in scope. It not only examines the descriptive inaccuracies of current family law assumptions but also delves into the normative implications of fostering pluralism in this area. Ultimately, the book serves as a foundation for understanding the complexities of marriage and divorce in a society that values diversity and inclusivity.
'It presents a scholarly discussion of the pros and cons of multi-tiered marriage with essays covering historical, legal, and religious dimensions of the issue. Nichols, and to some lesser extent his mentor John Witte, Jr, are advocates of hybrid legal approaches to marriage.' John Farina, Journal for the Study of Marriage and Spirituality
'Balance and addressing both sides of the argument is a feature of the volume on the whole. Reading the chapters in succession, it is striking how often one's own questions or doubts about a particular perspective are picked up and addressed by a subsequent chapter. An even handed and measured tone strengthens the force of the individual arguments and contributes to the overall effectiveness of this important and stimulating conversation, where the participants are not only making their own views heard but also listening and seeking to respond to those of others.' The Cambridge Law Journal
ISBN: 9780521194754
Dimensions: 229mm x 152mm x 24mm
Weight: 700g
418 pages