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Marriage and Divorce in a Multi-Cultural Context: Multi-Tiered Marriage and the Boundaries of Civil Law and Religion

Marriage and Divorce in a Multi-Cultural Context: Multi-Tiered Marriage and the Boundaries of Civil Law and Religion

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Cambridge University Press, 10/31/2011
EAN 9780521194754, ISBN10: 052119475X

Hardcover, 418 pages, 22.9 x 15.2 x 2.4 cm
Language: English

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.

1. Multi-tiered marriage
reconsidering the boundaries of civil law and religion Joel A. Nichols
2. Pluralism and decentralization in marriage regulation Brian H. Bix
3. Marriage and the law
time for a divorce? Stephen B. Presser
4. Unofficial family law Ann Laquer Estin
5. Covenant marriage laws
a model for compromise Katherine Shaw Spaht
6. New York's regulation of Jewish marriage
covenant, contract, or statute? Michael J. Broyde
7. Political liberalism, Islamic family law, and family law pluralism Mohammad H. Fadel
8. Multi-tiered marriages in South Africa Johan D. van der Vyver
9. Ancient and modern boundary crossings between personal laws and civil law in composite India Werner Menski
10. The perils of privatized marriage Robin Fretwell Wilson
11. Canadian conjugal mosaic
from multiculturalism to multi-conjugalism? Daniel Cere
12. Marriage pluralism in the United States
on civil and religious jurisdiction and the demands of equal citizenship Linda C. McClain
13. Faith in law? Diffusing tensions between diversity and equality Ayelet Shachar
14. The frontiers of marital pluralism
an afterword John Witte, Jr and Joel A. Nichols.