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Did she choose that?’ Or, more normatively, ’Why would she choose that?’ This book critiques and offers an alternative to these questions, which have traditionally framed law and policy discussions circulating around controversial genderized practices. It examines the simplicity and incompleteness of choice-based rhetoric and of presumptions that women’s conduct is shaped, in an absolute way, either by choice or by coercion. This book develops an analytical framework that aims to discern the meaning and value that women may ascribe to morally ambiguous practices. An analysis of law’s approach to polygamy, surrogacy and sex work, particularly in Canada, the United Kingdom and Austra...
In this dynamic and wide-ranging collection of essays, prominent scholars examine the condition of church-state relations in the United States, France, and Israel. Their analyses are rooted in a wide variety of disciplines, ranging from ethnography and demography to political science, gender studies, theology, and the law.
Groundbreaking theoretical and legal approaches to resolving conflicts between gender equality and cultural practices
Three stereotypical figures have come to represent the 'war on terror' - the 'dangerous' Muslim man, the 'imperilled' Muslim woman, and the 'civilized' European. Casting Out explores the use of these characterizations in the creation of the myth of the family of democratic Western nations obliged to use political, military, and legal force to defend itself against a menacing third world population. It argues that this myth is promoted to justify the expulsion of Muslims from the political community, a process that takes the form of stigmatization, surveillance, incarceration, torture, and bombing. In this timely and controversial work, Sherene H. Razack looks at contemporary legal and social...
The chapters of Religion, Gender, and Family Violence: When Prayers Are Not Enough have been written from multiple disciplinary perspectives (sociology, religious studies, law) and based on research within diverse religious traditions including Christianity, Islam, and Judaism, as well as new religious movements. Similarities and differences between traditions are highlighted based on empirical research which shows how people actually deal with family violence in different contexts. This book also addresses some of the larger historical and political backgrounds that impact the experiences of family violence amongst ethno-religious minorities. The lives of religious victims and perpetrators of family violence are considered, as well as the responsibilities of religious leaders, congregations and secular professionals in addressing this widespread social problem. Contributors are: Barbara Fisher-Townsend, Pascale Fournier, Catherine Holtmann, Eve Laoun, Yael Machtinger, Farah Malek-Bakouche, Steve McMullin, Nancy Nason-Clark, Susan Nunn, Susan Palmer, Emma Robinson, Jolyne Roy, and Victoria Snyers.
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.
Das Buch befasst sich mit den Beziehungen zwischen Migranten und ethnischen Minderheiten und den Herausforderungen, die sie dem Nationalstaat gegenüber darstellen. Die verschiedenen Formen der Inklusion innerhalb des Nationalstaats werden aus einer transatlantischen Perspektive untersucht. Es werden Fragen der Assimilation, Integration und des Multikulturalismus erörtert, indem die nordamerikanischen und westeuropäischen Literaturen einander vergleichend gegenübergestellt werden. Der wichtigste Beitrag zur soziologischen Diskussion über Einwanderung und Ethnizität besteht darin, die interethnischen Beziehungen zwischen Juden und Türken und ihre spezifischen Verbindungen zum deutschen Nationalstaat und zur deutschen Identität genauer zu betrachten. Vorrangiges Ziel ist eine vergleichende Darstellung der transatlantischen Migrations- und Ethnizitätsdebatten sowie der Debatten über Identität, Erinnerung und Geschlecht.
By focusing on colonial histories and legacies, this edited volume breaks new ground in studying modernity in Islamicate contexts. From a range of disciplinary perspectives, the authors probe ‘colonial modernity’ as a condition whose introduction into Islamicate contexts was facilitated historically by European encroachment into South Asia, the Middle East, and Northern Africa. They also analyze the various modes through which, in Europe itself, and in North America by extension, people from Islamicate contexts have been, and continue to be, otherized in the constitution and advancement of the project of modernity. The book further brings to light a multiplicity of social, political, cultural, and aesthetic modes of resistance aimed at subverting and unsettling colonial modernity in both Muslim-majority and diasporic contexts.
Examines the persisting inequality between formal commitments to gender equality and equal citizenship.
This book examines the role and impact of EU, international human rights and refugee law on national laws and policies for integration and argues for a broad understanding of the relationship between integration and the law. It analyses the legal foundations of integration at the international and regional levels and examines the interaction of national, EU and international legal spheres, highlighting the significance of these dimensions of the relationship between integration and the law. The book draws together these central themes to enhance our understanding of the connections between integration and the law. It also makes specific recommendations for the development of holistic, human-rights based approaches to integration in EU Member States. The book will be of value to academics and researchers working in the areas of immigration, and refugee law, as well as those interested in cultural diversity both from a legal and sociological perspective.