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Principles of U.S. Family Law Vivian E
College of William & Mary Law School William & Mary Law School Scholarship Repository Faculty Publications Faculty and Deans 2006 Principles of U.S. Family Law Vivian E. Hamilton William & Mary Law School, [email protected] Repository Citation Hamilton, Vivian E., "Principles of U.S. Family Law" (2006). Faculty Publications. 184. https://scholarship.law.wm.edu/facpubs/184 Copyright c 2006 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/facpubs ARTICLE PRINCIPLES OF U.S. FAMILY LAW Vivian Hamilton* What explains US. family law? What are the orzgms of the current chaos and controversy in the field, the home of some of the most vituperative debates in public policy? To answer these questions, this Article identifies and examines family law's foundational principles. It undertakes a conceptual analysis ofthe legal practices that govern families. This analysis has yet to be done, and its absence hamstrings constructive thought on our family law. The Article develops a typology that conceptualizes US. family law and exposes its underlying principles. First, it identifies the significant elements, or rules, of family law. Second, it demonstrates that these rules reflect or embody four important concepts conjugality, privacy (familial as well as individual), contract, and parens patriae. Third, it shows that the concepts offamily law in turn embody two distinct underlying principles-Biblical traditionalism and liberal individualism. From these powerful principles, we can derive modern U.S. family law: They explain what our family law is. With this deepened understanding offamily law's structure, the Article next evaluates these principles, and family law as the expression ofthem. -
First Comes Marriage, Then Comes Baby, Then Comes What Exactly?
The Peter A. Allard School of Law Allard Research Commons Faculty Publications Allard Faculty Publications 2020 First Comes Marriage, Then Comes Baby, Then Comes What Exactly? Erez Aloni Allard School of Law at the University of British Columbia, [email protected] Follow this and additional works at: https://commons.allard.ubc.ca/fac_pubs Part of the Family Law Commons, and the Sexuality and the Law Commons Citation Details Erez Aloni, "First Comes Marriage, Then Comes Baby, Then Comes What Exactly?" (2020) 15:1 National Taiwan National Taiwan U L Rev 49. This Article is brought to you for free and open access by the Allard Faculty Publications at Allard Research Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Allard Research Commons. Article First Comes Marriage, Then Comes Baby, Then Comes What Exactly? Erez Aloni * ABSTRACT Taiwan’s legalization of same-sex marriage is an event of international importance concerning the rights of LGBTQ+ individuals and partners; further, it constitutes an opportunity to examine the state of LGBTQ+ equality in Taiwan and elsewhere. To this end, through theoretical and comparative lenses, this Article asks what equality for LGBTQ+ means and what comes after marriage. It offers perspectives on the past, present, and future of the intersection of same-sex marriage and equality. Looking at the path to same-sex marriage in Taiwan, the Article argues that the Taiwanese Constitutional Court’s ruling legalizing same-sex marriage maintained a line between domesticated liberty for LGBTQ+ people, on the one hand, and limits on that population’s liberty to form families, on the other. -
Marriage on Our Own Terms
University of Tennessee Law Legal Scholarship Repository: A Service of the Joel A. Katz Library UTK Law Faculty Publications 2017 Marriage on Our Own Terms Teri Baxter Follow this and additional works at: https://ir.law.utk.edu/utklaw_facpubs Part of the Law Commons University of Tennessee College of Law From the SelectedWorks of Teri Baxter 2017 Marriage on Our Own Terms Teri D. Baxter, University of Tennessee College of Law Available at: https://works.bepress.com/teri-baxter/12/ DATE DOWNLOADED: Thu Jun 17 11:57:45 2021 SOURCE: Content Downloaded from HeinOnline Citations: Bluebook 21st ed. Teri Dobbins Baxter, Marriage on Our Own Terms, 41 N.Y.U. REV. L. & Soc. CHANGE 1 (2017). ALWD 6th ed. Baxter, T. ., Marriage on our own terms, 41(1) N.Y.U. Rev. L. & Soc. Change 1 (2017). APA 7th ed. Baxter, T. (2017). Marriage on our own terms. New York University Review of Law & Social Change, 41(1), 1-44. Chicago 17th ed. Teri Dobbins Baxter, "Marriage on Our Own Terms," New York University Review of Law & Social Change 41, no. 1 (2017): 1-44 McGill Guide 9th ed. Teri Dobbins Baxter, "Marriage on Our Own Terms" (2017) 41:1 NYU Rev L & Soc Change 1. AGLC 4th ed. Teri Dobbins Baxter, 'Marriage on Our Own Terms' (2017) 41(1) New York University Review of Law & Social Change 1. MLA 8th ed. Baxter, Teri Dobbins. "Marriage on Our Own Terms." New York University Review of Law & Social Change, vol. 41, no. 1, 2017, p. 1-44. HeinOnline. OSCOLA 4th ed. -
LAND REFORM and NEW MARRIAGE LAW in Chlna
LAND REFORM AND NEW MARRIAGE LAW IN CHlNA by NOBORU NIIDA Preface ARRIAGE Iaw has always been the frst to be enacted and pro- mulgated after the great revolutions in history. This was the case with both t.he French and Russian Revolutions, and so it was in the case of the Communist Revolution in China. This phenomenon was not coincidental but natural. Revision of the marriage law in China is contingent on a revision of the land law and other economic reforms. In the case of the Chinese Revolution, the revision of the marriage law was inseparably related to a reform of the land law. The present writer discussed the development of the landownership system in China since the eve of the revolution in the chapter on land reform in Cht~goku Ho~seishi Kenkyiz (The Study of the History of Chinese Legal System), (1960). In this paper, he intends to discuss the salient points of the new marriage law in connec- tion with the land reform and subsequent developments. I. COMPARISON OF OLD AND NEW SAYlNGS RELATlNG TO MARRIAGE LAW The new Marriage Law enacted in May 1950 is based on a phi- 10sophy negating the old Chinese marriage system, the nature of which may be inferred in the various expressions given below. An old Chinese proverb says, " Noodles do not make a meal likewise, women are not counted as human beings." In numbering children, girls were not taken into account. Lack of of{:spring used to be cited as a conventional ground for divorce, but even in this case girls were not reckoned with. -
Initial Report Submitted by Senegal Under Article 35 of the Convention, Due in 2012*
United Nations CRPD/C/SEN/1 Convention on the Rights Distr.: General 27 July 2018 of Persons with Disabilities English Original: French English, French, Russian and Spanish only Committee on the Rights of Persons with Disabilities Initial report submitted by Senegal under article 35 of the Convention, due in 2012* [Date received: 23 March 2015] * The present document is being issued without formal editing. GE.18-12499 (E) 280818 030918 CRPD/C/SEN/1 Contents Page General introduction ...................................................................................................................... 3 Articles 1 to 4: General principles of the Convention ................................................................... 3 Article 5. Equality and non-discrimination ................................................................................... 11 Article 6: Women with disabilities ................................................................................................ 13 Article 7: Children with disabilities .............................................................................................. 16 Article 8: Awareness-raising ......................................................................................................... 17 Article 9: Accessibility .................................................................................................................. 18 Article 10: Right to life ................................................................................................................. 19 Article -
Impact of Change in Law on Child Marriage in Egypt a Study in Two Egyptian Governorates Nesreen M
Nesreen M. Kamal Elden, et al Impact Of Change In Law On Child Marriage In Egypt 25 Impact of Change in Law on Child Marriage in Egypt A Study in Two Egyptian Governorates Nesreen M. Kamal Elden*, Hanan Mosleh* *Public Health and Community Medicine Department, Faculty of Medicine, Cairo University, Cairo, Egypt Abstract Background Child marriage is recognized as a human right violation. Egyptian law sets age at first marriage to be 18 years for both sexes. Objectives To investigate the effect of the law of age at marriage on the marital behavior of adolescents and to explore the awareness, attitudes and perceptions of the local community and religious key informants towards the law. Methods This descriptive study employed both quantitative and qualitative techniques. Marriage records were reviewed, 260 attendants of two primary healthcare facilities were interviewed using a semi-structured questionnaire investigating socio-demographics, knowledge and perceptions about the law. Focus group discussions were conducted with 42 religious key informants to explore their opinion about the law. Results 75.8% of participants noticed cases of child marriage in their communities. Nearly 93% said they heard about the law and 78.5 % know that it is at 18 years, 4.2% perceive the law as inappropriate/at all to the local community and 5% were not sure. Marriage ratify contracts that show sudden rise after 2008 and progressive increase until 2012. Most religious key informants view the law as appropriate from health perspectives but not from the religious perspective. Conclusion Child marriages are still practiced in Egypt. Ratify contracts represent a back door allowing registration of these informal marriages when the girl reaches 18 years. -
(Cmps) Are Prepared by Researching Publicly Accessible Information Currently Available to the Refugee Documentation Centre Within Time Constraints
September 2013 Refugee Documentation Centre Country Marriage Pack Egypt Disclaimer Country Marriage Packs (CMPs) are prepared by researching publicly accessible information currently available to the Refugee Documentation Centre within time constraints. CMPs contain a selection of representative links to and excerpts from sources under a number of categories for use as Country of Origin Information. Please note that CMPs are not, and do not purport to be, exhaustive with regard to conditions in the countries surveyed or conclusive as to the merit of any particular claim to refugee status or protection. 1. Types of Marriage Civil Marriage The United States Department of State’s website Travel.State.Gov states: “In Egypt, marriage laws are based on Sharia law. Under Egyptian law, there are three conditions for a valid civil marriage contract. First, the parties must both agree to the marriage and its conditions. Second, the couple must meet the proper age requirements (minimum age for men and women is 18). Finally, the marriage contract must be announced, notarized, and signed by two witnesses. However, there are other types of marriage contracts that are commonly used such as Urfi, Mot’aa and Misyar marriages, not all of which are recognized as valid. In an Urfi marriage, a man and woman sign a contract in front of a judge without any witnesses. This is not considered a legal marriage in Egypt and does not allow for spousal inheritance. The Mot’aa and Misyar marriages are temporary marriages, usually for a few weeks. This type of “marriage” is basically a form of legal prostitution and does not allow for spousal inheritance either. -
Investigating the Legal and Policy Framework on Child Marriage in Niger: a Comparative Study of Kenya and Ethiopia
INVESTIGATING THE LEGAL AND POLICY FRAMEWORK ON CHILD MARRIAGE IN NIGER: A COMPARATIVE STUDY OF KENYA AND ETHIOPIA By Clara Amulen Emurugat MA HUMAN RIGHTS LONG THESIS PROFESSOR: Victoria Nwogu CEU eTD Collection Central European University 1051 Budapest, Nador utca 9. Hungary ©Central European University November 29, 2019 Table of Contents ABSTRACT ........................................................................................................................ iv LIST OF ABBREVIATIONS................................................................................................ v INTRODUCTION ................................................................................................................ 1 CHAPTER ONE: BACKGROUND AND SITUATION ANALYSIS OF CHILD MARRIAGE ......................................................................................................................... 5 A. DEFINING CHILD MARRIAGE ................................................................................. 5 B. SITUATION ANALYSIS: LATEST TRENDS, PROGESS AND FUTURE PROSPECTS ON CHILD MARRIAGE ............................................................................ 7 C. DRIVERS OF CHILD MARRIAGE ............................................................................. 9 I. Discriminatory traditional practices/ belief systems ..................................................... 9 II.Poverty ..................................................................................................................... 11 III. Religion ................................................................................................................ -
Marriageable Age Law Reforms and Adolescent Fertility in Mexico
ifo 314 2019 WORKING November 2019 PAPERS (Revised May 2020) Prohibition without Protection: Marriageable Age Law Reforms and Adolescent Fertility in Mexico Audrey Au Yong Lyn, Helmut Rainer Imprint: ifo Working Papers Publisher and distributor: ifo Institute – Leibniz Institute for Economic Research at the University of Munich Poschingerstr. 5, 81679 Munich, Germany Telephone +49(0)89 9224 0, Telefax +49(0)89 985369, email [email protected] www.ifo.de An electronic version of the paper may be downloaded from the ifo website: www.ifo.de ifo Working Paper No. 314 Prohibition without Protection: Marriageable Age Law Reforms and Adolescent Fertility in Mexico* Abstract In this study, we exploit the differential timing in minimum marriageable age laws in Mexico to estimate the impact of these civil law reforms on child marriage, adolescent fertility, girls’ school attendance and the likelihood of engaging in a consensual union. Using a difference- in-differences methodology, the results show that states adopting minimum marriageable age laws exhibited a 49% and 44% decrease in child marriage rates and the likelihood of girls being in consensual unions respectively. Contrary to what was expected however, the law had no impact on total teenage birth rates and girls’ school attendance. Additional findings reveal that the fall in child marriage rates was mainly driven by 16-17-year-old girls, and states where child marriage was less rampant prior to the law. We also find evidence of a decrease in teenage birth rates among girls living in rural areas by approximately 14% as a result of the law. JEL Code: J12, J13, J18, K15 Keywords: Adolescent fertility, child marriage, minimum marriageable age laws, consensual unions Audrey Au Yong Lyn Helmut Rainer ifo Institute – Leibniz Institute for ifo Institute – Leibniz Institute for Economic Research Economic Research at the University of Munich, at the University of Munich, Munich Graduate School, University of Munich University of Munich Poschingerstr. -
The Selective Impact of Changes in Age-At-Marriage Laws on Early Marriage: Policy Challenges and Implications for Women’S Higher-Education Attendance
University of Pennsylvania ScholarlyCommons Population Center Working Papers (PSC/PARC) Penn Population Studies Centers 7-27-2020 The Selective Impact of Changes in Age-at-Marriage Laws on Early Marriage: Policy Challenges and Implications for Women’s Higher-Education Attendance Ewa Batyra University of Pennsylvania, [email protected] Luca Maria Pesando McGill University, [email protected] Follow this and additional works at: https://repository.upenn.edu/psc_publications Part of the Demography, Population, and Ecology Commons, Educational Sociology Commons, Family, Life Course, and Society Commons, Gender and Sexuality Commons, Law Commons, and the Politics and Social Change Commons Recommended Citation Batyra, Ewa, and Luca Maria Pesando. 2020. "The Selective Impact of Changes in Age-at-Marriage Laws on Early Marriage: Policy Challenges and Implications for Women’s Higher-Education Attendance." University of Pennsylvania Population Center Working Paper (PSC/PARC), 2020-51. https://repository.upenn.edu/psc_publications/51. This paper is posted at ScholarlyCommons. https://repository.upenn.edu/psc_publications/51 For more information, please contact [email protected]. The Selective Impact of Changes in Age-at-Marriage Laws on Early Marriage: Policy Challenges and Implications for Women’s Higher-Education Attendance Abstract This study explores the extent to which changes in age-at-marriage laws are effective in curbing early marriage and, if so, whether delays in age at marriage brought about by legal changes increase women’s likelihood to participate in higher education. To answer these questions, we combine individual-level data from Demographic and Health Surveys (DHS) and Multiple Indicator Cluster Surveys (MICS) with longitudinal information on policy changes from the PROSPERED project for six low- and middle-income countries from three broad regions: Benin and Mauritania (Sub-Sharan Africa), Tajikistan and Kazakhstan (Central Asia), and Nepal and Bhutan (South Asia). -
Uncovering the Reformation Roots of American Marriage and Divorce Law
Uncovering the Reformation Roots of American Marriage and Divorce Law Judith Areent INTRO D UCTIO N ............................................................................................... 30 I. SIXTEENTH CENTURY EUROPEAN MARRIAGE AND DIVORCE LAW R EFO R M .............................................................................................. 34 A. Luther Advocates Civil Marriage and Fault-Based Divorce .......... 35 B. Zwingli Inspires Zurich to Enact the First Modem Marriage and D ivorce Law ....................................................................... 44 C. Calvin's Geneva Adopts a Civil Marriage and Divorce O rdinance .................................................................................. 49 II. REFORMATION IN ENGLAND ............................................................... 53 A. Henry VIII Opposes Divorce ..................................................... 53 B. Archbishop Cranmer Proposes the Reformatio Legum Ecclesiasticarum....................................................................... 54 C. The Rise of Godly Puritans and Support for Marriage and D ivorce Reform ......................................................................... 59 III. MARRIAGE AND DIVORCE LAW IN COLONIAL AMERICA .................... 61 A. Civil Marriage in Plymouth Plantation ...................................... 61 B. Civil Marriage and Divorce in Massachusetts Bay Colony ........... 64 C. Civil Marriage, but No Divorce, in the Colonies Outside New E ngland ................................................................................... -
Essays on the Ineffectiveness of the Principle Of
ESSAYS ON THE INEFFECTIVENESS OF THE PRINCIPLE OF SEPARATION OF POWERS ON THE RELATIONS BETWEEN THE EXECUTIVE AND THE JUDICIARY AFTER CHANGE OF POLITICAL POWER IN SENEGAL. By Papa Fodé Kanté Drawing inspiration for democratic principles originating from the Declaration of the Rights of Man and of the Citizen of 1789 which provides that « any society in which guarantee of rights is not ensured nor the separation of powers is determined does not have a Constitution »,1 and driven by the desire to establish a state governed by the rule of law, Senegal addressed in her constitution of 22nd January 2001 the principle of separation of powers. « Separation and balance of powers designed and exercised through democratic procedures... »2. The content of this principle is extremely simple: « Powers should not be concentrated in the same individual or on one group of individuals, there is need to distribute them among distinct organs; allocated to distinct constitutional organs the exercise of a specific social function ». It is this principle which Montesquieu put forward by stating that « when on the same person on the same body of judicature, the legislative power is joined together with the executive power, there is no freedom, because we can fear that the same monarch or the same senate will make tyrannical laws to be executed tyrannically ».This principle, contrary to a very well known opinion, Montesquieu had neither discovered it nor invented it. Indeed the doctrine of separation of powers was invented by Aristotle, taken over by Locke and systematized by Montesquieu who gave it current aura.