The Cambridge Companion to Comparative Family Law

by Shazia Choudhry, Jonathan Herring

Overview

Families and family law have encountered significant challenges in the face of rapid changes in social norms, demographics and political expectations. The Cambridge Companion to Comparative Family Law highlights the key questions and themes that have faced family lawyers across the world. Each chapter is written by internationally renowned academic experts and focuses on which of these themes are most significant to their jurisdictions. In taking this jurisdictional approach, the collection will explore how different countries have tackled these issues. As a result, the collection is aimed at students, practitioners and academics across a variety of disciplines interested in the key issues faced by family law around the world and how they have been addressed.

Product Details

ISBN-13:	9781107167537
Publisher:	Cambridge University Press
Publication date:	01/31/2019
Series:	Cambridge Companions to Law
Pages:	302
Product dimensions:	6.18(w) x 9.25(h) x 0.67(d)

About the Author

Shazia Choudhry is Professor of Law at Queen Mary University of London. Her research interests lie in the fields of European and UK human rights law, and in particular gender based violence. She has published a number of articles and chapters, as well as two books, European Human Rights and Family Law (2010, with J. Herring) and Rights, Gender and Family Law (2009, with J. Herring and J. Wallbank). In addition to her publications, her work has included her appointment as Specialist Adviser to the Joint Parliamentary Committee on Human Rights Inquiry into Violence against Women (2014–15) and acting as an expert for the United Nations Population Fund (UNFPA), the European Commission and the Council of Europe.

Jonathan Herring is Vice Dean and Professor of Law at the Law Faculty, Oxford University and Fellow in Law at Exeter College, University of Oxford. He has written nearly 100 books on family law, medical law, criminal law and legal issues surrounding care and old age. His books include Medical Law and Ethics (2018); Family Law (2018); Childhood, Vulnerability and the Law (2018); Vulnerable Adults and the Law (2016), Caring and the Law (2013) Older People in Law and Society (2009); European Human Rights and Family Law (2010, with Shazia Choudhry) and Criminal Law (2018). He has also written for the general public The Woman Who Tickled Too Much (2009) and How to Argue (2012).

Table of Contents

Introduction; 1. Contemporary issues in family law in England and Wales Rosemary Hunter; 2. Family law in the United States Theresa Glennon; 3. Human rights in the family law context Bettina Heiderhoff; 4. Australian family property law: just and equitable' outcomes? Belinda Fehlberg and Lisa Sarmas; 5. Towards the constitutionalization of family law in Latin America Nicolás Espejo and Fabiola Lathrop; 6. The nuclear norm and the free-form family – irreconcilable paths in Swedish family law? Pernilla Leviner; 7. South African family law and the chimera of diversity Anne Louw; 8. The post-divorce child support system in China: past, present and future Lei Shi; 9. The problem with personal law Farrah Ahmed; 10. The post-colonial fallacy of 'Islamic' family law Abdullahi Ahmed An-Na'im.

Editorial Reviews

‘A stimulating collection of scholarly essays, exploring the key current family law issues in a range of jurisdictions and highlighting a variety of common underlying themes influencing contemporary family law systems. An excellent source for comparative thought about family law.' Stephen Gilmore, King's College London

‘This rich collection of essays challenges readers to think about the lens through which they view family law, and the even more fundamental question of how we determine what the law is. Each contributor focuses on the issues that are most salient within their particular jurisdiction or area, and adopts a different framework for analysing the issues, from constitutionalism to religious laws. This approach lays bare the assumptions that may be taken for granted within any given jurisdiction, and enables a deeper comparison to be undertaken.' Rebecca Probert, University of Exeter

‘A fascinating and wide-ranging tour of current developments, debates, and dilemmas in family law around the globe. What an intriguing premise: Ask leading scholars in select jurisdictions to identify the crucial issues and recurrent themes in family law in their respective countries today. The sum is even greater than the parts, as the comparative dimension elevates this volume above more insular examinations of contemporary family law in just one country. Anyone who wants a broad and well-informed understanding of family law in the modern world, including how it operates in practice as well as how it is evolving on the books, should read this volume cover to cover.' James G. Dwyer, College of William and Mary, Virginia

From the Publisher