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Research Handbook on Marriage, Cohabitation and the Law

Research Handbook on Marriage, Cohabitation and the Law

Name: Research Handbook on Marriage, Cohabitation and the Law
Brand: Edward Elgar Publishing
SKU: 9781802202649
Price: 2975.96 HKD
Availability: InStock
Author: Rebecca Probert; Sharon Thompson
ISBN: 9781802202649

Edited by Rebecca Probert · Sharon Thompson

Edward Elgar Publishing May 2024

Specifications

ISBN-13: 9781802202649
Publisher: Edward Elgar Publishing
Publication: May 2024
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

This insightful Research Handbook provides an international perspective on the key legal debates surrounding marriage and cohabitation. Drawing on the expertise of established and emerging scholars, a comparative approach is used to analyse cross-jurisdictional trends and divergences in relationship recognition and family formation.

Chapter authors explore the contested meanings and changing boundaries of marriage, the scope and role of alternative opt-in regimes, and the justification for conferring rights and responsibilities based on intimate relationships. Responding to the rising numbers of couples cohabiting without formalising their relationship, contributors examine how legal systems should respond to these changing patterns of relationships, and what it means to be a ‘family’ in different societies. Ultimately, they argue against imposing a particular view of what marriage should be, showcasing the importance of a diverse range of views and perspectives on the topic.

The Research Handbook on Marriage, Cohabitation and the Law presents a comprehensive overview of the field, and will be an invaluable resource for students and scholars of family law, law and gender, and law and society. It will also be an essential guide for policy-makers and legal practitioners seeking insights into the processes of family formation across jurisdictions.

Introduction: Marriage and cohabitation – Global debates, challenges, and perspectives 1; Sharon Thompson and Rebecca Probert; PART I. WHY MARRY? THE MEANING OF MODERN MARRIAGE; 1.
What is the purpose of marriage in contemporary legal regulation? 8: Alan Brown; 2.
Separating marriage from the state 22: Daniel J. Hill; 3.
The feminist case against marriage 37: Rosemary Auchmuty; PART II. THE VARIED FORMS OF ENTRY INTO MARRIAGE; 4.
Marriage formation in Europe from the late middle ages until the late eighteenth century 57: Saskia Lettmaier; 5.
Universal civil marriage: A blueprint for the future or an idea whose time has passed? 72: Rebecca Probert; 6.
The fractured landscape of South African marriage and family law: Future directions 86: Elsje Bonthuys; 7.
Marriage, the law and pluralism in Ghana 101: Augustina Akoto; PART III. THE CHANGING BOUNDARIES OF MARRIAGE; 8.
The (non)recognition of same-sex marriage in South Africa, Nigeria and Uganda 117: Zanele Nyoni-Wood; 9.
Polygamy in English marriage law – critical postcolonial perspectives 132: Zainab Batul Naqvi; 10.
Prohibiting polygamy, yet permitting plurality? 147: Ellen Forsyth, Caroline Mirza and Rebecca Probert; 11.
Child marriage: The denial of autonomy by conferring the status of: marriage on a child 168; Arthur van Coller; 12.
Exploring arranged marriage: Breaking biased frames and uncovering: a much misunderstood marital institution 184; Naema Tahir; 13.
Comparative consanguinity law: A global study of cousin marriage regulations 201: Patrick S. Nash; PART IV. FORMAL ALTERNATIVES TO MARRIAGE; 14.
Why registered partnerships? A comparative overview 215: Jens M. Scherpe; 15.
Mixed-sex civil partnerships: A blank canvas or painting by numbers? 226: Andy Hayward; 16.
Twenty years of PACS: The specificities of the French civil union 244: Wilfried Rault; 17.
Un-coupling family law revisited: Non-conjugal adult unions in family law 262: Frederik Swennen; PART V. COHABITATION AND THE LEGAL REGULATION OF UNFORMALISED RELATIONSHIPS; 18.
Demographic perspectives on cohabitation 282: Brienna Perelli-Harris and Bernice Kuang; 19.
Regulation of cohabitation in the Nordic countries 299: Tone Sverdrup; 20.
Cohabitation law reform in England and Wales: The case for reform and challenges of definition 307: Kathy Griffiths; 21.
Is cohabitation an obligation-free zone? 322: Gillian Douglas; 22.
Cohabitation contracts and gender equality 337: Sharon Thompson; PART VI. THE CONSEQUENCES OF MARRIAGE AND COHABITATION; 23.
Consummating in court 355: Alexander Maine; 24.
Complex relationships: Marriage and relationship status, procreation and criminal law 369: Cameron Giles; 25.
Unhappy families and lying wives: Myths and stereotypes about intimate partner violence 385: Jennifer Koshan; 26.
Prenuptial agreements in comparative perspective 399: Sharon Thompson; 27.
The meaning of marriage and approaches to the division of assets in Sweden, the Netherlands and England and Wales 415: Anna Heenan; 28.
Relational vulnerability: A theory of family, unpaid work, and the state 429: Ellen Gordon-Bouvier