Comparative in both approach and framework, Family Law, Sex and Society provides a critical exposition of key areas in family law, exploring their evolution and development within their historical, cultural, political and legal context.
Cross-referencing to English law throughout, this comparative textbook pays particular attention to the transformation of marriage; the development of divorce laws; matrimonial property; the legal recognition of unmarried heterosexual and same-sex cohabitants; the universal adoption of the best interests standard for children in domestic and international legislation; and the impact of the Human Rights Act 1998 on family law in a variety of jurisdictions.
Divided into different sections, Family Law, Sex and Society includes coverage of:
- a jurisdictional and historical survey of some of the main themes in Family Law, as well as consideration of the evolution of the Western family
- the English law relating to divorce, marital property and children and a comparison with the equivalent law in the civil law jurisdictions of France and Germany
- family law developments in other common law countries such as Australia and New Zealand, selected American jurisdictions, parts of Africa and some Far Eastern countries; and hybrid jurisdictions like Japan and Russia
- an analysis of the law relating to unmarried cohabitation and domestic partnerships in civil law jurisdictions such as France, Germany and Sweden in comparison to Anglo-American law
- a comparative analysis of the laws relating to domestic violence.
Family Law, Sex and Society offers valuable socio-legal and socio-cultural insights into the practice of family law, and is the only textbook that provides a unified, coherent and comparative approach to the study of family law as it operates in these particular jurisdictions.
Table of Contents
Introductory Overview; Jurisdictional Survey: Family Law in Europe; Family Law in the United States; Family Law in Australia and New Zealand; Family Law in Africa and Asia; Family Law in the Russian Federation; Family Law in Japan; Cohabitation, Informal Unions and Civil Partnerships in Comparative Perspective; Domestic Violence - a Comparative Survey; The Impact of Human Rights Law on Family Law; Common Themes, Key Debates and Comparative Overview.
Peter de Cruz, LLB, LLM, PhD, is Professor of Law at Liverpool John Moores University.