Дисертації з теми "Family law"
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1
Smith, L. J. "The problem of parenting in lesbian familes and family law." Thesis, Queen's University Belfast, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.492271.
Анотація:
This thesis explores the relationship between the problems that parenting has presented in lesbian families and family law. Through a series of theoretical and empirical observations, the thesis suggests that a 'heterosexual parenting paradigm' continues to pervade law and society, notwithstanding numerous changes in the legal status of non-heterosexual relationships. Drawing from interviews with sixteen lesbian parents, it is demonstrated that this heterosexual parenting paradigm has a significant impact on the how lesbian families are embraced politically, culturally and institutionally. The thesis goes on to illustrate that the heterosexual parenting paradigm has also constrained the general effectiveness of legal responses to the changing nature of parental relationships. As a result, it is suggested that the common law and legislative approach to defining parent/child relationships has become anachronistic. In pmticular, law has not yet established means of reflecting adequately the fragmentation of parenthood into its genetic and social components. This in tum has created some confusion and inconsistency in the legal framework for recognising parents. In relation to lesbian parents it is concluded that, notwithstanding positive developments, law has done little to erode the hegemony of the heterosexual parenting paradigm and the problems presented by lesbian parenting have not been satisfactorily dealt with. Finally, the thesis calls for a review of the way in which parenting is recognised in law, arguing that a more functional definition of parenthood is necessary and would benefit both lesbian families and family law.
2
Mugisha, Julius P. K. "Recognition of common-law spousal relationships in Canadian family law." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80943.
Анотація:
Common-law spousal relationships have become increasingly common with a growing number of Canadians electing to enter into them. This thesis appreciates the injustices suffered by common-law spouses during and at the termination of their spousal relationships, and reinforces the view that the denial of marital property benefits dishonors the dignity of common-law spouses. Common-law spouses experience similar needs as their married counterparts when the relationship ends. Most of the current functions of marriage can be fulfilled within common-law spousal relationships and should more appropriately be called functions of the family.Both Canadian courts and the legislatures have acknowledged and responded to the injustices that often flow from power imbalances in unmarried persons' families and have thereby given increased recognition to common-law spousal relationships. They have taken stock of the fact that by not recognizing the rights of common-law spouses in Canada on the basis of their marital status is an affront to justice. Legislatures have also enacted various statutes and have amended existing ones to extend certain rights to common-law spouses.
The various ways in which the rights of common-law spouses have been recognized in Canada will be examined and discussed, in particular the remedial notion of constructive trust which is imposed by courts to prevent injustice and unjust enrichment. It is argued this notion of constructive trust has proven effective, especially in cases where property is being divided after a long-term intimate relationship. Common-law spouses have advanced constitutional challenges in their quest to benefit from marital benefits and protections in their relationships since it is argued that both relationships are functionally the same.
Finally, this thesis suggests lessons that can be learned from the Canadian developments of recognizing common-law spouses. It also concludes by examining similar developments that have taken place in other countries of Europe and Africa.
3
Collier, Richard Stanley. "Family, law and gender : a study of masculinity and law." Thesis, University of Leicester, 1990. http://hdl.handle.net/2381/34905.
Анотація:
This thesis is an attempt to explore the construction of masculinity in a variety of areas of law pertaining to the family. It attempts to integrate recent theoretical developments within the legal sub-discipline family law, in particular in relation to feminist theory and critiques of doctrinalism, with a social theory of gender and scholarship which foregrounds the social construction of masculinity. Chapters 1-5 are concerned to analyse and overview approaches to theorising law, gender and the family, and to present a theoretical base from which to begin to examine the relationships between legal discourse, power and sexuality in Chapter 6 - 9, They seek to define and analyse concepts and themes within the sociologies of law, gender and the family, concluding with an assessment of the implications of a theory of law as a social discourse and of 'familialist' approaches to law and the family for the study of masculinity and power. Chapters 4 and 5 are explicitly concerned with theorising masculinity, drawing out the themes, issues and implications for legal scholarship of developing a perspective from which analysis of the construction of masculinity in legal discourse may take place. Informed by the theoretical developments in Chapters 1 - 5, Chapter 6 - 9 examine the legal construction of sex and gender in relation to the formation and annulment of marriage, focusing on transsexualism and the non-consummation of marriage. Conclusions relate (a) to the construction of marriage and sexuality in legal discourse, and (b) generally, to the theorising and study of masculinity, law and the family. The thesis brings together a number of themes within the study of law and the family to present, I hope, an original and challenging analysis of a neglected and important dimension to the study of law and gender.
4
Ghelli, Cristina. "Analisi e traduzione di "The family law" di Benjamin Law." Master's thesis, Alma Mater Studiorum - Università di Bologna, 2015. http://amslaurea.unibo.it/8148/.
Анотація:
The aim of this dissertation is to propose a translation from English into Italian of The Family Law, an autobiographical novel written by Benjamin Law, an Australian author of Cantonese origins. The present dissertation is divided into four chapters. The first chapter presents the author of the book, by providing his biography; in addition, the chapter contains an overview of the Australia immigration problem, which is an important issue in the book due to the fact that the author’s parents had moved from Hong Kong to Caloundra, Australia. The second chapter presents the book The Family Law, by focusing on its main themes and by paying special attention to the description of the characters; furthermore, it analyses the plot of the chapters which I decided to translate, and provides a selection of Italian publishers which might be interested in publishing the book. The third chapter consists of my translation of the chapters I selected. The final chapter analyses the strategies I adopted while translating and examines some of the problematic issues that I encountered during the translation process, in particular at the level of morphosyntax, lexicon, cultural references, and style.
5
Turnbull, Christopher J. "Family law property settlements: Principled law reform for separated families." Thesis, Queensland University of Technology, 2017. https://eprints.qut.edu.au/113831/1/Christopher_Turnbull_Thesis.pdf.
Анотація:
This thesis investigates the philosophical basis, values, and practical application of family law, specifically property settlements for separated spouses, where those spouses have children of their relationship. It is a step forward in understanding of how judges decide cases, as it reports on the results and process of decision-making using 200 decisions from family law courts. It develops criteria for defining justice in this context, including a clear purpose to the law, consistency of decision-making, non-discrimination between spouses, giving weight to financial disadvantage, and priority to the economic interests of children.
6
Degoldi, Brett Raymond. "Lawyers' experiences of collaborative family law." Thesis, University of British Columbia, 2007. http://hdl.handle.net/2429/32367.
Анотація:
Collaborative family law recently emerged as a method of dispute resolution where the
parties and their lawyers agree to finalize all matters through negotiations only, without
going to court. This thesis includes a history and literature review of collaborative family
law, drawing comparisons to mediation or litigation. It raises questions about the
capacity of collaborative family law to deal with disputes involving power imbalance or
spousal abuse.
Interviews with twenty Vancouver collaborative family lawyers were conducted to
inquire into their practical experiences and whether a paradigm shift in dispute resolution
has occurred, as is claimed in some of the literature. The results suggest that
collaborative family law in Vancouver is part of a spectrum of dispute resolution
mechanisms including litigation, lawyer-assisted negotiation, mediation, and arbitration.
Lawyers perceived key elements of the process to include agreement amongst clients and
lawyers not to go to court, signing of a participation agreement including a lawyer
withdrawal clause, trust between clients, trust among lawyers, trust between lawyers and
clients, and four-way meetings. Collaborative negotiation is distinguished by the
heightened levels of trust between lawyers, clients, and lawyer-clients, as well as an
extension of the role of advocacy to include broader notions of fairness, openness and
disclosure. In instances where one or both parties are unwilling, or unable, to participate
honestly and respectfully in the process then those parties should be screened out. The collaborative process is being used in practice where high conflict, power
imbalances, or spousal abuse exist. Participants highlighted the need for practitioners to
be trained to recognize power imbalances and utilize power balancing techniques, or
screen clients out of the process. In cases involving spousal abuse, some participants
highlighted the need to be specifically trained and experienced in recognizing spousal
abuse, but also to include other professionals, such as divorce coaches, to support clients.
Others suggested screening abused clients out of the process. Given the private nature of
collaborative negotiations, and the risk of abuse and misuse of process, it is important
that ethical and professional standards be developed and monitored.Law, Peter A. Allard School of
Graduate
7
Drummond, Susan G. (Susan Gay) 1959. "Legal itineraries through Spanish Gitano family law : a comparative law ethnography." Thesis, McGill University, 2001. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=38447.
Анотація:
In the context of globalization, the idea of place is reputed to be losing its footing. This thesis explores the implications of these developments with respect to the way that place is constructed in law by focusing on tensions between the concept of jurisdiction and the ways that the contexts of law overspill it, threatening to engulf comparative analysis. Central to the idea that jurisdiction is losing its familiar moorings is the implication that other forms of thinking about legal normativity are emerging as more commonsensical alternatives to the state-based idea of jurisdiction that emerged in the eighteenth and nineteenth centuries. The thesis explores this hypothesis by bringing elements of the discipline of comparative law (conventionally state based) into play with elements of the discipline of legal anthropology (conventionally culture based). The focus for this theoretical intrigue is an Gitano population in the South of Spain that served as the fieldwork locale for seven months of ethnographic fieldwork carried out in 1995. Investigations are centered on the theme of family law. Familiar notions of state and culture, and the legal sensibilities associated with each, are examined through exploring the interplay between local expressions of Gitanitude in Jerez de la Frontera and regional, national, international, and global forces that structure legal sensibilities in the area. The first chapter explores the interplay by focusing on the context surrounding Spain's reforms to family law in the 1980s. The familiar frontiers of the state are prodded through this analysis. The second chapter then explores the frontiers of culture through an examination of a variety of expressions of Gitanitude in Spain. The third chapter brings modified versions of state and culture together in a reconceptualisation of family law. As a whole, the thesis suggests a new way of approaching the problematic relationship between context and the disciplines of comparative law an
8
Parkinson, Patrick Newport. "Family Law and the Indissolubility of Parenthood." Thesis, The University of Sydney, 2018. http://hdl.handle.net/2123/18618.
9
Abdul, Malek Normi. "Malaysian law of custody : a comparative study with Islamic, English and Scottish laws." Thesis, Glasgow Caledonian University, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.388285.
10
Behounek, Elaina. "Mediated Relationships: An Ethnography of Family Law Mediation." Scholar Commons, 2015. http://scholarcommons.usf.edu/etd/5909.
Анотація:
In my dissertation, I use multi-ethnographic methods to examine how mediators talk about, manage, and process families going through divorce. I show how a dominant narrative about marriage and the cultural expectations of parenthood provide a framework for mediators to manage the discourse of divorcing parties so assets and care giving can be split 50/50. The dominant P.E.A.C.E. narrative (P=parenting plan, E=equitable distribution, A=alimony, C=child support, E=everything else) restricts available discourse in mediation and guides mediators’ behaviors in ways that homogenize families by providing a linear formula for mediators to follow which results in only certain stories being allowed to enter the mediation. Next, I show how constructions about power and violence serve to frame and shape understandings of divorce for mediators, thereby guiding their actions in mediation and discursively impacting the discourses of mediated parties. Power and violence are constructed in ways that conflate the concepts, and no clear protocol is offered to manage these complicated concerns for family law mediators. The outcome is mediators report being unsure and often fearful about mediating cases where intimate partner violence is a concern. Finally, an analytic autoethnographic examination of family law mediation provides an example of the power of ideology and makes clear my positionality within this dissertation. I explore my own identity as a white, heterosexual, female, in a world ripe with expectations about marriage and family creation as I encounter alternative messages and information in my fieldwork. Throughout my dissertation, I uncover larger cultural narratives about marriage, and families that guide and manage people, illustrating the ways identities, stories of violence, and the ideology of marriage are shaped.
11
Berger, Maurits Servaas. "Sharia and public policy in Egyptian family law." [S.l. : Amsterdam : s.n.] ; Universiteit van Amsterdam [Host], 2005. http://dare.uva.nl/document/89007.
12
Hjerrild, Bodil. "Studies in Zoroastrian family law : a comparative analysis /." Copenhagen : Museum Tusculanum Press, 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/362635250.pdf.
13
Toner, Helen. "Modernising partnership rights in EC family reunification law." Thesis, University of Oxford, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.273444.
14
Douglas, Gillian. "The relationship between family law and social change." Thesis, Cardiff University, 2011. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.675676.
15
Schuster, Alexander. "Gender-neutral family institutions from metalaw to law." Université Robert Schuman (Strasbourg) (1971-2008), 2006. http://www.theses.fr/2006STR30011.
Анотація:
La reconnaissance des unions hors mariage, l'ouverture du mariage et la redéfinition en général de la famille qui se sont produits à la fin du XX siècle et au début du XXI déstabilisent la transposition juridique des systèmes de valeurs hétéronormatifs. La recherche aborde l'impact de l'orientation sexuelle sur les institutions familiales sous un angle de théorie du droit. Elle consiste d'abord dans une appréhension postmoderniste de la diversité, puis retrace l'évolution historique des unions homosexuels et du mariage. Ensuite, la clarification des éléments constitutifs et l'analyse économique des revendications de reconnaissance juridique des unions de même sexe introduisent les termes du débat contemporain. La recherche propose enfin l'idée de l'Etat eudémoniste négatif comme arrière-plan des modes de reconnaissance, et analyse le droit international et constitutionnel dans la perspective d'un large glissement paradigmatique en faveur d'institutions familiales indifférentes au sexeThe recognition of unmarried unions, the opening up of marriage, and the redefinition of family overall that have occurred in the late XX and earlier XXI century challenge the legal transposition of heteronormative value systems. The research tackles the reforms towards gender-neutral institutions under the perspective of legal theory. The issue is firstly situated in a postmodernist consideration of diversity and in the historic evolution of same-sex unions and marriage. Then, the legal clarification of the constituent elements of the claim for legal recognition and the economic analysis of same-sex couples outline the characteristics of contemporary debate. The research conclusively suggests the idea of the negative eudaemonistic State as the background of the paths towards recognition and surveys international and constitutional law in the light of a board paradigm shift in favour of gender-neutral family institutions
16
Steffen, Kenneth Charles. "The family in the Code of canon law." Theological Research Exchange Network (TREN), 1996. http://www.tren.com.
17
DUTRA, DEO CAMPOS. "ENFORCEMENT OF HUMAN RIGHTS THROUGH PRIVATE INTERNATIONAL LAW: THE HAGUE CONVENTIONS ON FAMILY MAINTENANCE AS EXPRESSION OF CONTEMPORARY INTERNATIONAL FAMILY LAW." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2010. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=35051@1.
Анотація:
PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIROO Direito Internacional Privado, tendo como eixo axiológico o homem, é um dos mais importantes instrumentos da ciência jurídica no reconhecimento e preservação da dignidade e dos direitos humanos. Em se tratando de família, essa propriedade vem sendo notada no decorrer de sua história, fornecendo ao homem a oportunidade de ter sua dignidade respeitada das mais diversas formas. A uniformização e a codificação do Direito Internacional Privado, através da composição de grandes ambientes de debates e negociação, como a Convenção Permanente da Haia, possibilitam o respeito às diferenças culturais e sociais. Consequentemente, no momento da construção da melhor lei a ser aplicada ou até mesmo da lei material adotada pela Convenção, constrói-se um conjunto normativo sólido e legítimo que fornece ao indivíduo sua promoção.
The Private international law, having as the axiological axis the man, is one of the most important tools of legal science in the recognition and preservation of dignity and human rights. When it comes to family, this property has been recognized in the course of its history, giving the man the opportunity to have their dignity respected in many different ways. The standardization and codification of Private International Law, through the composition of large spaces of debate and negotiation, as the Permanent Convention Hague, allow respect for cultural and social differences. Consequently, during the construction of the best law to be applied or even the substantive law adopted by the Convention, it s built a solid and legitimate set of rules that provides promotion to the individual.
18
Doughty, Julie. "The functions of family courts." Thesis, Cardiff University, 2011. http://orca.cf.ac.uk/18865/.
Анотація:
The functions of family courts in England and Wales in making decisions about children are identified as processing disputes and protecting vulnerable individuals, with latent functions of applying and influencing social policy. The thesis explores why family courts have been singled out for particular criticism in undertaking these functions. Two issues are examined: complaints that family court proceedings are held in secret and that a court is not the appropriate place for resolving disputes about children. The methods used are historical analysis, a comparison with courts in Australia, and applying the theories of Habermas. According to Habermas, when systems are maintained for their own sake without being anchored in people's values and needs, or operate without rational discourse, institutions can lose their legitimacy. The historical analysis shows that as social policy developed over the past 60 years, court structures were trapped in a dual jurisdiction which made it difficult to adapt to changing expectations. Since the 1970s, there have been calls for a unified family court to better meet families‘ requirements. However, a comparison with such a court, the Family Court of Australia, reveals another set of dualities which undermine its legitimacy. The claim that family courts do not function effectively because they are closed and secret is examined. The law is set out in the context of concepts of secrecy, privacy, openness and transparency. It is argued that children have a particular right to privacy which is marginalised in the current debate, and that a recent consultation process undertaken to reform the law on media access to court proceedings was not undertaken in a transparent manner. Attempts to introduce alternative dispute resolution and remove disputes about child care and upbringing to mediation and other non-legal alternatives are also shown as likely to fail unless formulated through rational discourse.
19
Brown, Alan. "What is the family of the law? : the influence of the nuclear family model." Thesis, University of Strathclyde, 2016. http://digitool.lib.strath.ac.uk:80/R/?func=dbin-jump-full&object_id=27855.
Анотація:
This thesis argues that the legal understanding of ‘family’ is underpinned by a particular idealised image of the family; the ‘nuclear family’,comprising the nexus of the conjugal relationship and the ‘parent/child’relationship. I contend that this model of family is premised upon the traditional, distinct, gendered roles of ‘father as breadwinner’ and ‘mother as homemaker’, which in turn are associated with the historical, liberal understanding of the ‘public/private’ divide and the orthodox construction of the legal subject as rational, autonomous and self-interested. Theinfluence of the nuclear familyis notedin several different contexts: various specific legal definitions of ‘family’, the legal regulation of adult, conjugal relationships, the attribution of legal parenthood and the construction of the role of the ‘parent’ within the law. This examination of the law’s model of the‘family’has been prompted by the substantial reforms undertaken in family law in recent decades and the significant evolution in both social attitudes and familial practices that has occurred in parallel over that time. Ultimately, this thesis concludes that while these reforms have resulted in additional categories of relationship coming to be situated within the nuclear family model (notably unmarried cohabitants and same-sex couples), there has not, as yet, been any fundamental alteration of the underpinning concept of the nuclear family itself.
20
St-Arnaud, Anouk. "The Peruvian family violence law adoption and implementation challenges /." [Gainesville, Fla.] : University of Florida, 2005. http://purl.fcla.edu/fcla/etd/UFE0010818.
21
Pilgram, Lisa. "British-Muslim family law as a site of citizenship." Thesis, Open University, 2018. http://oro.open.ac.uk/57593/.
Анотація:
The Archbishop of Canterbury's speech on 'Civil and Religious Law in England', delivered a decade ago, attracted considerable public and academic attention. In the years that followed a 'Sharia debate' emerged, where traces of (legal) orientalism became especially visible in an essentialist portrayal of 'Sharia' as being in opposition to 'the West'. What was absent in this debate, which was conducted at the abstract level of compatibility-incompatibility, East-West, law-religion, is an analysis of the actual practices of family law of Muslims in contemporary Britain. People marry, divorce, bring up their children and deal with inheritance by resorting to a variety of norms such as Muslim law, English family law and customary law. Drawing on legal pluralism scholarship and elements of Pierre Bourdieu's theory of the field, this thesis investigates the emergence of British-Muslim family law as a site of citizenship. It is based on research focusing on solicitors offering Islamic legal services and advice in the UK and clients of such services. By focusing on the creative capacities of legal professionals as well as clients in navigating between English and Muslim family law, the thesis is an attempt to present an alternative narrative of British-Muslim family law, which may inform a different understanding to what is commonly perceived as 'informal' legal practices threatening the cohesion of citizens in a the nation-state. The thesis argues that private practice in Islamic legal services is a particularly pertinent case for analysis. This is because solicitors' day-to-day practice in dealing with cases in between Muslim and English law challenges the presumed incompatibility of 'Muslim and English' family law, 'the foreign and the native', or 'the oriental and the occidental'.
22
Frias-Armenta, Martha. "Law, psychology, family relations and child abuse in Mexico." Diss., The University of Arizona, 1999. http://hdl.handle.net/10150/288957.
Анотація:
The purpose of this study was to empirically assess the validity of legal assumptions regarding the use of physical punishment by Mexican parents with their children. Three legal assumptions were identified and tested in the studied Mexican legal framework: (1) parents always act in the best interest of their children; (2) non-severe physical punishment is an adequate and nonharmful strategy for rising children; and (3) parents discriminate between moderate/corrective punishment and severe child abuse. One hundred-fifty mothers living in the Northwestern Mexican State of Sonora were interviewed regarding their use of physical punishment with their children, their knowledge of the law regarding their and their children's' rights and duties, their perceptions of their legal obligations in regard to their disciplinary practices with their children, their disciplinary beliefs, their monitoring of their children, the frequency of maltreatment they received from their parents, their levels of depression/anxiety, their antisocial behaviors, and their alcohol consumption levels. In order to validate the legal assumptions, three structural models were specified and tested. The first model tested the assumption that physical punishment is used in the best interest of children. In this model, the perception of a legal prerogative to use physical punishment was found to increase violence against children. In contrast, parental knowledge of child and parental rights and obligations was inversely related to punitive disciplinary beliefs, while such beliefs were positively associated with child punishment and negatively associated with child monitoring. The second model estimated the effect of a history of mothers' vicitimization during childhood on their adult behavior. It was found that being maltreated as a child was associated positively with antisocial behavior and depression/anxiety, which in turn affected positively alcohol consumption and harsh parenting. The third model estimated the covariance between moderate punishment and severe punishment. Results showed that the correlation between them was higher than the factor loadings between each latent construct and their corresponding observed variables. This finding indicates that parents do not discriminate between moderate and severe punishment, invalidating the assumption that parents are aware of limits between what can be considered abuse and disciplinary punishment. The implications of these findings are discussed.
23
Adelman, Ian. "Income splitting among family members : the attribution rules." Thesis, McGill University, 1986. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=60524.
Анотація:
This thesis is a study of certain means available to taxpayers who wish to split their income with other members of their family and thereby reduce their taxes. There are essentially four sections to the study: (a) a description of the Canadian system of taxation of the family and the reasons why the Income Tax Act treats each individual as a separate unit for income tax purposes as opposed to recognizing the family unit itself as the basis for taxation; (b) an analysis of the tax consequences of loans and transfers of property between spouses; (c) an analysis of the tax consequences of loans and transfers of property to children under the age of 18 years; and (d) an analysis of the concept of indirect payments. The principal conclusion of the study is that the means available to split income among family members are limited, especially in view of the recent amendments to the Income Tax Act to gradually eliminate the "family loan" method of splitting income.
24
Griffiths, Anne M. O. "Law and the family in Molepolole : a study of family disputes in a Kwena village." Thesis, London School of Economics and Political Science (University of London), 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.298701.
25
Aguilar, Llanos Benjamín. "A view from Family Law and Inheritance Law, concerning the right of residence of the surviving spouse or survivor is the case of the cohabitation." IUS ET VERITAS, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/123036.
Анотація:
This article focuses on the family estate and the natural fact as death does not end the legal relationships that have led to the heritage that formed the family heritage, this transcends the subject. Therefore, the law regulates the transfer of the rights goods and obligations of the deceased in favor of the person that are his successors. In conclusion, death generates legal consequences.El presente artículo versa sobre el patrimonio familiar y como un hecho natural como la muerte no culmina las relaciones jurídicas que han dado lugar al patrimonio que formó, sino que ésta trasciende al sujeto, y por ello el Derecho regula la transmisión de los bienes derechos y obligaciones de la persona fallecida a favor de los que resulten sus sucesores. Es decir, la muerte genera consecuencias jurídicas.
26
Chu, Mai-lee Christine, and 朱美莉. "The mother-in-law and daughter-in-law relationships during the transition to parenthood." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1992. http://hub.hku.hk/bib/B31976955.
27
Anderson, Whitney Allison. "“You’re Not Part of the Family”: Understanding the Turning Points and Family System Consequences of High Conflict Mother-/Daughter-in-Law Relationships." Diss., North Dakota State University, 2016. http://hdl.handle.net/10365/25667.
Анотація:
Popular culture representations of in-law relationships are frequently negative, and research has affirmed the communication difficulties associated with these non-kin, nonvoluntary relationships. Mother-in-law/daughter-in-law (MIL/DIL) relationships face unique challenges, as these women compete for the position of “kinkeeper,” or the person who manages relationships throughout the family. When MIL/DIL relationships are characterized by conflict and negative feelings toward one another, the family system suffers. To better understand the implications of “high conflict” MIL/DIL relationships on entire families, 27 DILs were interviewed about the turning points they had experienced with their MILs and the repercussions of the MIL/DIL relationship throughout the family system. Nine turning point categories emerged inductively from the data, along with several consequences for relationships throughout the family system, including DIL/husband, MIL/grandchildren, and husband/mother. Findings indicate high conflict MIL/DIL relationships do not just lead to negative outcomes for the two women involved, but also for other members across the family system.
28
Brophy, Julia Anne. "Law, state and the family : the politics of child custody." Thesis, University of Sheffield, 1985. http://etheses.whiterose.ac.uk/1795/.
Анотація:
Law State and the Family: the Politics of Child Custody is an examination of the development of law and legal practices in relation to mothers and the legal custody of children. It maps the history of statute law and re-reads legal practice focusing upon the way in which these practices reproduce and sustain the conditions of motherhood. The first section documents the construction of the infant as a legal subject and the emergence of mothers legal rights in relation to children under the nineteenth century Guardianship Acts. The second section examines debates regarding the role of the state in the area of children and divorce following the Second World War. This section also examines the influence of ideologies of welfare upon the legal treatment of different categories of children during this period. In addition, this section also analyses the limited role which the law plays in the majority of decisions concerning custody of children following divorce. The third section documents and analyses women's experiences of contesting custody of their children through an empirical study of a sample of lesbian mothers. The focus is upon both the courts and legal processes involving lawyers and divorce court welfare officers. This section reveals the influences of notions of good mothering and perceptions of female sexuality upon those legal processes. The final section is concerned with contemporary debates in the 1980s regarding the role of the state generally in the area of children and divorce and particularly, discussions of the role of law in constructing children's relationships with fathers. This section addresses the issues of 'joint custody' of children and conciliation schemes through a discussion of the implications of these practices in America. This section concludes with a discussion of the general trend away from 'law' and legal rules in this area, towards 'private ordering' in conciliations. Finally, it sets out the implications of that trend for feminist discussions of future policy in the area of children and divorce in Britain.
29
Ringelevičienė, Violeta. "Šeimos teisės socialinis veiksmingumas." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2006. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2007~D_20061228_203302-68080.
Анотація:
Šio darbo tikslas – remiantis mokslinės literatūros, teisės aktų ir teismų praktikos analize atskleisti šeimos santykių teisinio reguliavimo socialinį veiksmingumą. Darbą sudaro trys dalys. Pirma dalis – Šeimos teisės socialinio veiksmingumo samprata. Joje išanalizuota mokslinė literatūra, siekiant atskleisti šeimos, šeimos teisės ir socialinio veiksmingumo sampratas. Antra dalis – Šeimos santykių teisinis reglamentavimas. Atlikta Lietuvos ir tarptautinių teisės aktų, reglamentuojančių santuokos sudarymo ir nutraukimo, asmeninius ir turtinius sutuoktinių bei asmeninius ir turtinius tėvų ir vaikų santykius, analizė. Trečioje dalyje – Šeimos teisės įgyvendinimo socialinės ir teisinės problemos - išanalizuoti teismų praktikos, Statistikos departamento ir Centrinės hipotekos įstaigos pateikiami duomenys, atskleistos socialinės ir teisinės problemos, mažinančios šeimos teisės socialinį veiksmingumą. Pateikta šeimos pokyčių per pastaruosius penkiolika metų analizė. Daugiausiai dėmesio skirta santuokos sudarymo ir nutraukimo, sutuoktinių turtinių santykių reguliavimo bei tėvų ir vaikų tarpusavio išlaikymo santykių socialinių ir teisinių problemų tyrimui. Darbo pabaigoje pateikiamos gautos tyrimo išvados ir rekomendacijos, kaip gerinti šeimos teisės socialinį veiksmingumą.The aim of the present research is to find out the legal proceedings of family relations social performance on the grounds of science literature, legislative acts and the analysis of case-law. The research paper consists of three parts. In the first part, based on the anglysis of various scientific literature, the conceptions of family, family law and social performance are presented. The second part is about legal regulation of family relations. The background for that research has been Lithuanian and International legislative acts of entering into marriage and dissolution of marriage, property personal rights of spouses, property personal rights between parents and children. The social and legal problems of implemintation of family law are defined in the third part of the research paper. The problems which diminish family law social performance were revealed on the basis of material taken from Deparmanent of Statistics, Central Mortage Office and case-law. At the end of the research paper there are conclusions made and recomendations on how to improve family law social performance. Keywords: family, family law, family law principles, family law social performance, legal regulation of family relations.
30
Anderson, Whitney Allison. "?You?re Not Part of the Family?: Understanding the Turning Points and Family System Consequences of High Conflict Mother-/Daughter-in-Law Relationships." Diss., North Dakota State University, 2016. http://hdl.handle.net/10365/25667.
Анотація:
Popular culture representations of in-law relationships are frequently negative, and research has affirmed the communication difficulties associated with these non-kin, nonvoluntary relationships. Mother-in-law/daughter-in-law (MIL/DIL) relationships face unique challenges, as these women compete for the position of ?kinkeeper,? or the person who manages relationships throughout the family. When MIL/DIL relationships are characterized by conflict and negative feelings toward one another, the family system suffers. To better understand the implications of ?high conflict? MIL/DIL relationships on entire families, 27 DILs were interviewed about the turning points they had experienced with their MILs and the repercussions of the MIL/DIL relationship throughout the family system. Nine turning point categories emerged inductively from the data, along with several consequences for relationships throughout the family system, including DIL/husband, MIL/grandchildren, and husband/mother. Findings indicate high conflict MIL/DIL relationships do not just lead to negative outcomes for the two women involved, but also for other members across the family system.
31
Davie, Michael James. "An examination of policy-orientated choice of law theory with particular reference to family law matters." Thesis, University of Oxford, 1991. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.334045.
32
Moosa, Ebrahim. "Application of Muslim personal & family law in South Africa : law, ideology and socio-political implications." Master's thesis, University of Cape Town, 1989. http://hdl.handle.net/11427/14344.
Анотація:
Includes bibliography.What I have coined as 'politics' occur at two levels, namely at the level of the differing political perceptions of Muslims and at the level of how they interact with the modern-state. This study approaches the subject from two angles. The first deals with a community's self-perception in relation to its religious symbols and values. The second involves an understanding of the human reality we experience. Law, ideology, economics and a host of other forces dictate the destinies of people. It is against the backdrop of the above two levels that the implications of the implementation of MPL [Muslim Personal Law] is examined in this thesis. It must be said at the outset that MPL has as yet not been applied in South Africa. The debate regarding its implementation has only begun. This thesis thus looks into the dynamics of this experience. Some aspects of the debate is also based on projections and comparative studies.
33
Chu, Mai-lee Christine. "The mother-in-law and daughter-in-law relationships during the transition to parenthood." [Hong Kong : University of Hong Kong], 1992. http://sunzi.lib.hku.hk/hkuto/record.jsp?B1340944X.
34
Bayley, Bruce K. "Fear of Crime and Perceptions of Law Enforcement Among American Youth." DigitalCommons@USU, 2002. https://digitalcommons.usu.edu/etd/2743.
Анотація:
Fear of crime and the public's satisfaction with police has been a focus of criminologists for a number of years. Most studies, however, have focused on the general population as a whole. What is not known is how fearful American youth are of the crime in their neighborhoods and how they perceive those in law enforcement. The purpose of this study was to explore this subgroup of the population and to begin the investigation of youths' fear of crime and their perceptions of law enforcement.
Using a national sample of 1,897 youth ages 16-25 collected from 12 cities throughout the United States, data were analyzed to explore the strength of demographic and community variables as they related to youths' fear of crime and perceptions of law enforcement.
Results for fear of crime indicate that in general, American youth are not very fearful of crime in their neighborhoods. Older youth (18-25) tended to be more fearful than younger youth (16-17), females were more fearful than males, married youth were more fearful than non-married youth, youth living in the Northeast census region were the most fearful of the four census regions, and all non-White youth were more fearful of crime when compared to Whites. Youths' overall satisfaction with police indicated that in general, American youth were satisfied with police in their neighborhoods, with White youth and those youth with some college education being most satisfied with police.
When addressing the variance explained by demographic and community variables, youths' perceptions regarding their quality of life accounted for the most variance in both fear of crime and satisfaction with police. The strength of this predictor variable was so strong in fact, that other demographic and community variables were negligible by comparison.
35
Brown, Amanda J. "Protection from child emotional abuse in family law parenting matters over two regimes of the Family Law Act 1975 (Cth): Policy, legislation and judicial reasoning." Thesis, Queensland University of Technology, 2017. https://eprints.qut.edu.au/112815/2/Amanda_Brown_Thesis.pdf.
Анотація:
This thesis explored whether Australian family law adequately protects emotionally abused children in parenting matters. It explored the nature of child emotional abuse, and analysed two regimes of the Family Law Act 1975 and their political underpinnings. It analysed case law to understand judicial interpretation and application of the law. Applying social science understandings of child emotional abuse, this thesis found Australian family law – as embodied in legislation, case law, and policy - has not adequately dealt with this form of child maltreatment. Findings indicate the need to develop more robust approaches to child emotional abuse in family law matters.
36
Kirton-Darling, Edward. "Looking for justice : the family and the inquest." Thesis, University of Kent, 2016. https://kar.kent.ac.uk/54746/.
Анотація:
This thesis critically examines the claim that ‘family’ is at the heart of the contemporary inquest system, analysing the impact of this putative change on the construction of kinship, death and the legal. Adopting an interdisciplinary approach, it engages with socio-legal and cultural analyses of death; family and kinship scholarship; and critical legal scholarship on death and the state. In doing so it reveals the richness of the inquest as an area of law which has hitherto attracted relatively little attention but which merits extended exploration. Drawing on historical and jurisprudential materials in the first section, it provides an analysis of the changing historical form of the inquest, and argues that legislative and judicial reconfiguration of the inquest process since 2003 has fundamentally changed the nature of the system, most importantly in relation to the engagement of family prior to a final hearing. It argues that this engagement of the family affects the jurisdiction and form of an individual inquest, and developing this analysis, it explores a series of interviews undertaken with Coroners and officers in England. This empirical work deepens the earlier analysis, drawing insights from reflections on a set of vignettes which trouble the edges of ideas of family; emphasising the ways in which images of family and kinship are conceptualised and materialised through the unfolding of an individual inquest. The central argument is that ‘family’ is a negotiated and constitutive feature of the inquest system; charged with overseeing dignity in a bureaucratic process, making substantive and transparent that which may be otherwise impenetrable and formal, and simultaneously determining the edges of the private and intimate. The thesis contends that an emphasis on meaningful connections to the deceased leads to a fluid construction of kinship, and a reimagination of the politics of both death and family. It argues that the inquest system, without narratives of kinship and connection, risks existing in a solely technocratic form in which ‘disinterested decision-makers using objective, rationalist and universalised forms of knowledge justify decisions that are communicated in an expert language’ (Morgan 2006, 246), and the family bring a ‘tacit expertise that underpins shared experiences, values, symbols, identities and understandings, [providing] the tenor or texture of debate [that] transmits and generates a community because of its capacity to defy routinisation and the explicit codes of expert knowledge’ (Morgan 2006, 259). Working through the inquest process and unpicking these contrasting forms of expertise, this thesis reveals the way in which an individual inquest is constructed through an endeavour to combine contrasting tensions; to blend a contingent, contextual, participative and meaningful process with the ceremony of a mini state funeral (Davis et al 2002), the collection of statistical information, and the setting of standards to prevent future deaths.
37
Thompson, Von. "Law reform, conciliation and domestic violence /." Title page, contents and abstract only, 1998. http://web4.library.adelaide.edu.au/theses/09ARM/09armt477.pdf.
38
Martin, Lauren Leigh. "TECHNOLOGIES OF APPREHENSION: THE FAMILY, LAW, SECURITY, AND GEOPOLITICS IN US NONCITIZEN FAMILY DETENTION POLICY AND PRACTICE." UKnowledge, 2011. http://uknowledge.uky.edu/gradschool_diss/138.
Анотація:
This dissertation examines how US immigrant family detention policy emerged from reinvigorated border security priorities, immigration policing practices, and international migration flows. Based on a qualitative mixed methods approach, the research traces how discourses of threat, vulnerability, and safety produce detainable child and parent subjects that displace “the family” as a legal entity. I show that immigration law relies on specific kinds of geographical knowledge, producing what I call the ‘geopolitics of vulnerability.’ More broadly, I analyze how current immigration enforcement practices work at local, national, and international scales, so that detention deters future migration as much as it penalizes existing undocumented migrants. Tracing how legal categorization, isolation, criminalization, and forced mobility discipline detained families, I show how detention bears down on migrant networks, defying individualized and national scalings of immigration law. Family detention, like the broader detention system, is authorized through overlapping forms of administrative discretion, and I analyze how the “plenary doctrine of immigration” resonates with ICE’s discretionary authority. Finally, I trace how immigrant rights advocates mobilizes conceptions of “home-like” and “prison-like” facilities, and how ICE reimagined its “residential” facilities in response. Empirically and theoretically, my project contributes the first academic study of US family detention to research on kinship, citizenship, security, geopolitics, and immigration enforcement.
39
Beck, Connie Jean Allen. "Family mediation myths and facts." Diss., The University of Arizona, 1999. http://hdl.handle.net/10150/288929.
Анотація:
Because of the many problems associated with litigating family disputes, mediation has been proposed as an alternative. Its proponents, claiming wide-ranging benefits for both the litigants and the legal system, have had tremendous success in advancing mediation in social policy. Because of the significant growth in the use of mediation across the country, this dissertation critically assesses the validity of its claimed benefits. The dissertation first considers the role of pro se representation and its potential consequences for evaluating mediation because of the increased use of pro se representation in divorce cases. The dissertation then describes mediation and the range of mediation practices that exists in this country. Because mediation varies considerably program to program and jurisdiction to jurisdiction, it is difficult to draw definitive conclusions across programs or jurisdictions. Therefore, another approach is used to assess the rationality of mediation laws--namely, evaluating the validity of the behavioral assumptions (e.g., presumed benefits) underlying these laws (Sales, 1983). The dissertation then articulates the goals attributed to the mediation process, litigants, and the legal system, identifies the behavioral assumptions underlying those goals, and critically reviews the social science data and theory that have directly tested the validity of the goals and assumptions or are indirectly relevant to the analysis. It is argued that the goals of divorce mediation may have been and may be unrealistic. The dissertation concludes by discussing the limits of current findings and suggesting future research to address these concerns.
40
Chisompola, Lois. "A tentative proposal for mediation in the Zambian Family Court." Master's thesis, Faculty of Law, 2021. http://hdl.handle.net/11427/33678.
Анотація:
These changes have set stage for the development of family law in Zambia as well as the growth of alternative dispute resolution, particularly, mediation. They also bring to the forefront the opportunity and challenge of re-envisioning what a court system should look like. This study seeks to assess how each of these changes can fit together into one comprehensive system for a Family Court model.
41
Ren, Min. "From concubine to Ernai : a comparative study on Chinese family law." Thesis, University of Macau, 2010. http://umaclib3.umac.mo/record=b2147562.
42
Baobeid, Iman. "Engendering unification : family law and women's legal subjectivity in Southern Yemen." Thesis, University of British Columbia, 2017. http://hdl.handle.net/2429/63365.
Анотація:
The full abstract for this thesis is available in the body of the thesis, and will be available when the embargo expires.Arts, Faculty of
Gender, Race, Sexuality and Social Justice, Institute for
Graduate
43
Howieson, Jillian Alice. "Family law dispute resolution : procedural justice and the lawyer-client interaction." University of Western Australia. Law School, 2009. http://theses.library.uwa.edu.au/adt-WU2009.0109.
Анотація:
While several Australian and international studies have explored the family lawyer-client interaction, these studies have been limited to investigations of discrete areas of the lawyerclient relationship and have been necessarily limited in their methodologies. The present study employed a quantitative empirical methodology in an Australian wide field study of 230 family lawyers and 94 clients that investigated the family lawyer-client interaction from a procedural justice framework. Using multivariate analyses, the study establishes that the Tyler and Blader two-component model of procedural justice applies in the lawyer-client dyad and is influenced by the approach of the lawyer, the emotional response of the client, and the level of co-party conflict that the client is experiencing. Further, the study gives meaning to the terms 'conciliatory and constructive' and 'adversarial' as they apply to family law dispute resolution. The study establishes a construct to measure the conciliatory and adversarial approach of family lawyers and identifies that lawyers tend to incorporate a mixture of the two into their work. The results also identify four distinct behavioural factors that characterise the two approaches: the client-centred and interest-based factors characterise the conciliatory approach; and the lawyer-directed and court-focused factors characterise the adversarial. The study found that in terms of perceptions of fairness, and feelings of satisfaction, the clients preferred the lawyers who took a client-centred and interest-based approach, but in circumstances where the clients were experiencing high-levels of conflict, or fear for the safety of their children, they also appreciated the lawyer who was lawyer-directed and court-focused. Overall, the study shows that in order to create a fair and satisfying dispute resolution service for their clients, family lawyers need to maintain a fine balance of family lawyering behaviour. On a general level, the study provides a profile of Australian family lawyers in terms of their approach to dispute resolution, their attitude towards ADR processes and their favoured negotiation styles. It also profiles family law clients in terms of their emotional adjustment to the divorce and their perceptions of the family lawyers assisting them to resolve their disputes. The study substantially expands the procedural justice theory base and has significant implications for practical family law education, government policy, family lawyering, and the ADR and collaborative law movements. The study indicates where future research could benefit these communities.
44
Grubbs, Judith Evans. "Law and family in late antiquity : the emperor Constantine's marriage legislation /." Oxford : Clarendon Press, 1995. http://www.gbv.de/dms/spk/sbb/recht/toc/278979092.pdf.
45
Böheim, Rene, Marco Francesconi, and Martin Halla. "Does Custody Law Affect Family Behavior In and Out of Marriage?" WU Vienna University of Economics and Business, 2013. http://epub.wu.ac.at/3821/1/wp149.pdf.
Анотація:
We examine the effect of joint custody on marriage, divorce, fertility and female employment in Austria using individual-level administrative data, covering the entire population.
We also use unique data obtained from court records to analyze the effect on post-divorce outcomes.
Our estimates show that joint custody significantly reduces divorce and female employment rates, significantly increases marriage and marital birth rates,
and leads to a substantial increase in the total money transfer received by mothers after divorce.
We interpret these results as evidence against Becker-Coase bargains and in support of a mechanism driven by a resource redistribution that favors men giving them greater incentives to invest in marriage specific capital. (authors' abstract)Series: Department of Economics Working Paper Series
46
O'Hanlon, Johanne Elizabeth. "Can lessons from game theory be applied to family law negotiations?" Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99557.
Анотація:
The author suggests using lessons from Game Theory to improve the negotiation process and to construct more fitting agreements upon the breakdown of the family unit in the cases of separation or divorce. Currently many settlement agreements are inappropriate for the parties for a variety of reasons, including not establishing the parties' true interests during the negotiations. Furthermore, an inappropriate agreement may not be reopened by the court, given strict procedural and jurisprudential requirements. Game Theory lessons promote communication, cooperation, and forgiveness without allowing either party to be manipulated. These elements, already found in Collaborative Law, favour incorporating the lessons from Game Theory into this negotiation process.
47
McCandless, Julie. "Reproducing the sexual family: law, parenthood and gender in assisted reproduction." Thesis, Keele University, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.518310.
48
Parker, Marie. "Marital property agreements, the family and the law : status and contract?" Thesis, Bangor University, 2013. https://research.bangor.ac.uk/portal/en/theses/marital-property-agreements-the-family-and-the-law-status-and-contract(1f72b0bb-ee4f-4d7e-ac85-00f07fa15630).html.
49
Garland, Fae Sinead. "Valuing domestic contributions : a search for a solution for family law." Thesis, University of Exeter, 2012. http://hdl.handle.net/10871/10201.
Анотація:
Currently, a great schism exists in the way that the law of financial provision treats cohabiting and married couples on relationship breakdown. Given that research consistently demonstrates that women are predominantly responsible for carrying out homemaking activities regardless of employment status, at the heart of this divide is the way that the law attributes value to this traditionally female role. In the married context, on divorce, breadwinning and homemaking contributions have equal value, yet in the cohabitation context only financial contributions are recognised, with homemaking having no value attributed to it. This polarised approach has received extensive criticism from the courts, the legal profession and the academic community, both for overvaluing domestic contributions in the married context and for ignoring or at best undervaluing them in the cohabitation context. Yet, despite the agreement over the inadequacies in this area, there is a lack of consensus over the direction that reform should take, and so far attempts have been slow and have often come to nothing, especially in the cohabitation context. Furthermore, feminist opinion is divided about whether financial recognition of domestic contributions in family law poses a threat to the financial autonomy of women, encouraging patriarchal financial dependence; or whether such developments redress a glaring inequality inherent in gendered roles freely chosen within the family. Consequently, this project uses the two very differing feminist positions of Ruth Deech and Martha Fineman who embody this divide as the lens through which to explore this dichotomous tension underlying the law in this area. To test out these two feminist stances, this project uses a range of doctrinal, feminist and empirical methodology, namely interviews with legal practitioners, to compare the approaches in New Zealand, Scotland and Queensland, Australia alongside England and Wales, where each jurisdiction differentially reflects a point on a spectrum between Deech and Fineman’s contrasting positions. This project also uses focus groups with members of the public in England and Wales to ascertain the affected communities’ views on these models of financial provision. Drawing on these results, this thesis shall consider how the law of financial provision in England and Wales should divide assets on relationship breakdown in the marriage, civil partnership and the same- and different-sex cohabiting context. Should it promote financial autonomy or should it offer greater protection to those who lead gendered lives in the private sphere?
50
Grubbs, Judith Evans. "Law and family in late Antiquity : the emperor Constantine's marriage legislation /." Oxford (GB) : Oxford university press, 2003. http://catalogue.bnf.fr/ark:/12148/cb40041584s.