Marriage and Divorce in A Multicultural Context

Marriage and Divorce in A Multicultural Context

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

Book - 2012
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Cambridge Univ Pr
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.

Publisher: Cambridge, Eng. ; New York, NY : Cambridge University Press, c2012
ISBN: 9780521194754
Characteristics: xxiii, 392 p. ; 24 cm
Additional Contributors: Nichols, Joel A. 1972-

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