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Gender, Religion, and Family Law
Groundbreaking theoretical and legal approaches to resolving conflicts between gender equality and cultural practices
Women's Rights and Religious Law
The three Abrahamic faiths have dominated religious conversations for millennia but the relations between state and religion are in a constant state of flux. This relationship may be configured in a number of ways. Religious norms may be enforced by the state as part of a regime of personal law or, conversely, religious norms may be formally relegated to the private sphere but can be brought into the legal realm through the private acts of individuals. Enhanced recognition of religious tribunals or religious doctrines by civil courts may create a hybrid of these two models. One of the major issues in the reconciliation of changing civic ideals with religious tenets is gender equality, and th...
The Polygamy Question
The practice of polygamy occupies a unique place in North American history and has had a profound effect on its legal and social development. The Polygamy Question explores the ways in which indigenous and immigrant polygamy have shaped the lives of individuals, communities, and the broader societies that have engaged with it. The book also considers how polygamy challenges our traditional notions of gender and marriage and how it might be effectively regulated to comport with contemporary notions of justice. The contributors to this volume—scholars of law, anthropology, sociology, political science, economics, and religious studies—disentangle diverse forms of polygamy and polyamory pra...
An Unfortunate Coincidence
This book examines the depiction of Jews and Jewishness in modern English law, revealing the role of racial and religious understandings in legal decision-making. It challenges both assumptions about tolerance and neutrality in English law and any simple narrative of anti-Semitism, charting the ambivalent status of Jewish identity in the law.
Girls of Liberty
Following the Balfour Declaration and the British conquest of Palestine (1917-1918), the small Jewish community that lived there wanted to establish an elected assembly as its representative body. The issue that hindered this aim was whether women would be part of it. A group of feminist Zionist women from all over the country created a political party that participated in the elections, even before women's suffrage was enacted. This unique phenomenon in Mandatory Palestine resulted in the declaration of women's equal rights in all aspects of life by the newly founded Assembly of Representatives. Margalit Shilo examines the story of these activists to elaborate on a wide range of issues, inc...
Gender and Justice in Family Law Disputes
How mediation and religious dispute-resolution mechanisms operate within diverse communities
Gender in Judaism and Islam
This book addresses a range of topics, including gendered readings of texts, legal issues in marriage and divorce, ritual practices, and women's literary expressions , along with feminist influences within the Muslim and Jewish communities and issues affecting Jewish and Muslim women in contemporary society.The volume focuses attention on the theoretical innovations that gender scholarship has brought to the study of Muslim and Jewish experiences. At a time when Judaism and Islam are often discussed as though they were inherently at odds, this book offers a reconsideration of the connections between these two traditions.
Feminist Judgments: Family Law Opinions Rewritten
This book provides new, feminist perspectives on famous family law cases that span generations. The chapters take court decisions and rewrite them with feminist ideas in mind. Each rewritten opinion is penned by a leading scholar who relied only on materials available at the time of the original decision. The decisions address topics such as the criminalization of polygamy, intimate partner violence as a ground for asylum, the legality of gestational surrogacy, the rights of cohabitants, discrimination against transgender parents, immigration rules governing non-citizen parents, and child welfare and child support systems, among others. Each opinion is accompanied by a commentary that explains the original opinion as well as its contemporary relevance, and each commentary also is authored by a respected scholar. The combination of a rewritten opinion and its commentary provides an in-depth examination of the most important topics in family law.
Legalizing Plural Marriage
Polygamous marriages are currently recognized in nearly fifty countries worldwide. Although polygamy is technically illegal in the United States, it is practiced by members of some religious communities and a growing number of other "poly" groups. In the radically changing and increasingly multicultural world in which we live, the time has come to define polygamous marriage and address its legal feasibilities. Although Mark Goldfeder does not argue the right or wrong of plural marriage, he maintains that polygamy is the next step - after same-sex marriage - in the development of U.S. family law. Providing a road map to show how such legalization could be handled, he explores the legislative ...
Love, Marriage, and Jewish Families
The concepts of gender, love, and family - as well as the personal choices regarding gender-role construction, sexual and romantic liaisons, and family formation - have become more fluid under a society-wide softening of boundaries, hierarchies, and protocols. Sylvia Barack Fishman gathers the work of social historians and legal scholars who study transformations in the intimate realms of partnering and family construction among Jews. Following a substantive introduction, the volume casts a broad net. Chapters explore the current situation in both the United States and Israel, attending to what once were considered unconventional household arrangements - including extended singlehood, cohabi...
