Why Two Jurisdictions? Some Aspects of the Historical Context of the Decision to Maintain Separate Courts for Married and Unmarried Parents in Relation to Parental Rights in Victoria

1985 ◽  
Vol 9 (4) ◽  
pp. 7-10
Author(s):  
Stephanie Charlesworth
Keyword(s):  
Historical Context ◽  
Federal Courts ◽  
Historical Background ◽  
Family Court ◽  
Parental Rights ◽  
Parents And Children ◽  
The Family ◽  
The Status ◽  
State's Rights ◽  
Professional People

Many professional people working with families are frustrated by the fact that there is still a marked differentiation made between children of married parents and children of non-married parents in the courts. This division has persisted in spite of legislation to remove the status of illegitimacy and the reasons for this are far from obvious to those who are not lawyers. This paper traces the historical background of this split in jurisdiction between State and Federal Courts (i.e., the Family Court) and concludes that it is based on an anachronistic view of State’s rights which no social group or political party would support today.

scholarly journals The principle of self-determination in the family law through history and today

2004 ◽  
pp. 159-178
Author(s):  
Gordana Kovacek-Stanic
Keyword(s):  
Parental Care ◽  
Family Law ◽  
Family Relations ◽  
Historical Context ◽  
Civil Code ◽  
Self Determination ◽  
200Th Anniversary ◽  
Parents And Children ◽  
The Family ◽  
The Moment

In the jubilee year 2004, Serbia marks the 200th anniversary of The First Serbian Uprising, structuring of modern Serbian state and its legal system comparatively speaking, France marks the 200th anniversary of passing the French Civil Code, one of the most significant civil codifications in the 19th century. It was an occasion to study certain institutions of family law through history and today. The used approach is modern, we studied the ways how the principle of self-determination influenced the family-legal solutions today, and we investigated if one could talk about the effect of this principle in the historical sense, too. The principle of self-determination implies the possibility for the subjects of family-legal relations to arrange their own relations themselves ? both the partner and parent relations. However, this principle undergoes significant limitations in the family law because the family relations are personal relations by character, as well as because of the need to protect the weaker participant, both the weaker partner or a child who needs protection stemming from his/her very status. Within marriage law, the principle of self-determination of the spouses (extramarital partners) is, among other things, made concrete through the possibility for an agreement about the effects of marriage (extramarital union), then through the possibility of agreed divorce, while the procedure of mediation in the marriage litigation contributes to the realization of the mentioned principle. As for the effects of marriage (extramarital union), the paper particularly discusses property relations, that is the marriage property contract, because it is at the moment a current issue in our domestic law. Within the relations between parents and children, the concretization of the principle of self-determination in parental care is significant, particularly in the situations when the relations between the parents were disturbed and resulted in a separation or a divorce with the joint parental care (application of the parental right). All institutions are analyzed in the positive law, in the historical context (solutions from the Serbian Civil Code the former Hungarian Law), and viewed comparatively in the European legal systems of the east and west European countries.

Social Pretensions in Architecture and Ancestry: Hall House, Sawbridge, Warwickshire and the Andrewe Family

1996 ◽  
Vol 76 ◽  
pp. 51-72
Author(s):  
N. W. Alcock ◽  
C. T. Paul Woodfield
Keyword(s):  
Nineteenth Century ◽  
Fifteenth Century ◽  
Historical Context ◽  
Early Nineteenth Century ◽  
Architectural Analysis ◽  
The Poor ◽  
The Family ◽  
The Status ◽  
Country Houses ◽  
Social Importance

That architecture makes social statements is obvious in grand buildings from Norman castles to country houses. In smaller houses, such statements are often muted by our ignorance of their historical context and their date. This paper examines a small but sophisticated medieval house in which the combination of precise dating and informative documentation surmounts simple architectural analysis, to reveal something of its social importance to the family who built it. In the early nineteenth century, the status of Hall House, Sawbridge, was the lowest possible. It belonged to the Sawbridge Overseers of the Poor and was rented to families receiving parish support; later it became farm labourers' cottages. Most of the stages in the decline of the elegant medieval house to this lowly state can be documented, and links established to the only family in fifteenth-century Sawbridge with pretensions to sophistication. These clues lead to the identification of John Andrewe as the builder of Hall House in 1449, and to the recognition of it as a concrete expression of a family pride that was also being fostered by the invention of a distinguished ancestry.

scholarly journals The Non-Property Personal Rights and Obligations of Parents Towards Children

2016 ◽  
Vol 1 (3) ◽  
pp. 61
Author(s):  
Anilda Shestani
Keyword(s):  
The Other ◽  
Modern Concept ◽  
Parental Rights ◽  
Best Interest ◽  
Legal Representation ◽  
Parental Relationship ◽  
Property Relations ◽  
Parents And Children ◽  
Personal Rights ◽  
The Status

Parental responsibility is already defined in the Family Code as “the totality of the rights and obligations that aimed to ensure emotional, social and material welfare of the child, taking care, maintaining personal relations with him, and assuring him welfare, education, legal representation and administration of his property”. In this paper will be analyzed the parental rights and obligations that exercised about the personality of the child that arise as a result of personal non-property relations. This set of rights and duties is different from the other groups of rights and obligations of parent exactly for the lack of their economic content. Parental rights and obligations are the same regardless of the source of birth of parental relationship, biological or declaration of the will on one side, or regardless of the status of children born from the marriage or outside it, on the other side. The concept of the relationship between parents and children has changed a lot from the past in the time that we live today. In the modern concept, parental authority in exercising the rights and obligations to children is conceived in the interest of minors implying therefore the idea of protection that parents are obligated towards their children. This paper will also show how the non-property personal rights and obligations of parents towards the children are applicable in the practice; what are the main problems that appeared during this process and best recommendations for an efficient exercise of these rights and obligations based on the best interest of the child.

A proposal towards classification of the Raspy Crickets (Orthoptera: Stenopelmatoidea: Gryllacrididae) with zoogeographical comments: An initial contribution to the higher classification of the Gryllacridines

Zootaxa ◽  
2019 ◽  
Vol 4605 (1) ◽  
pp. 1
Author(s):  
OSCAR J. CADENA-CASTAÑEDA
Keyword(s):  
Taxonomic Status ◽  
Distribution Patterns ◽  
Historical Background ◽  
New Genera ◽  
New Classification ◽  
Fossil Species ◽  
The Family ◽  
The Status ◽  
And Behavior

In this contribution to the study of gryllacridines or raspy crickets (Orthoptera: Gryllacrididae), a new proposal for classification of this family is provided, dividing it into two subfamilies and ten tribes that includes most of the 114 known genera to date (including the new genera described here). It describes and redefines two subfamilies: Hyperbaeninae n. subf. and Gryllacridinae n. sensu, ten tribes: Phryganogryllacridini n. trib., Capnogryllacridini n. trib., Asarcogryllacridini n. trib., Hyperbaenini n. trib., Paragryllacridini n. trib., Ametrini n. trib., Ametroidini n. trib., Gryllacridini n. sensu., Eremini n. trib. and Progryllacridini n. trib.; ten genera: Claudiagryllacris n. gen., Griffinigryllacris n. gen., Gorochovgryllacris n. gen., Ingrishgryllacris n. gen., Rentzgryllacris n. gen., Willemsegryllacris n. gen., Karnygryllacris n. gen., Brunnergryllacris n. gen., Bianigryllacris n. gen. and Hugelgryllacris n. gen.; seven genera groups: Gryllacrae n. group. (placed under Gryllacridini n. trib. comprising ten genera: Caustogryllacris, Eugryllacris, Gryllacris, Lyperogryllacris, Nesogryllacris, Ocellarnaca, Phlebogryllacris, Prosopogryllacris, Willemsegryllacris n. gen. and Xanthogryllacris), Metriogryllacrae n. group. (under Gryllacridini grouped Metriogryllacris, Homogryllacris, Pseudasarca n. stat. and Furcilarnaca), Anancistrogerae (Anancistrogera, Ancistrogera, Angustogryllacris, Aphanogryllacris, Celebogryllacris), Triaenogryllacrae n. group. (under Gryllacridinae only comprising Triaenogryllacris) the next groups under Ametrini n. trib.: Ametrae n. group. (comprising two genera: Ametrus and Pareremus), Apotrechae n. group. (including three genera: Apotrechus, Apterolarnaca and Bianigryllacris n. gen.) and Apteronomae n. group. (comprising two genera: Ametrosomus and Apteronomus). The status of Dictogryllacris reinst. stat., was restored, previously transferred by Gorochov 2003 as subgenus of Capnogryllacris and to Pseudasarca n. stat. as full genus status is proposed. One genera, one subgenus and one fossil species are synonymized: Xiphogryllacris n. syn. (under Hyalogryllacris) and †Gryllacris brevippennis n. syn. (under †Macrelcana ungeri). The subgenus Glolarnaca n. stat. (included under Zalarnaca), is considered as full genus in Gryllacridinae (Gryllacridini). 57 new combinations are proposed, with particular emphasis on Niphetogryllacris, placing 36 of the 43 existing species of the genus: Pissodogryllacris tesellata n. comb., Willemsegryllacris barnesi n. comb. (previously placed under Gryllacris), Afrogryllacris nigripceps n. comb. (previously placed under in Barombogryllacris), Anancistrogera nigroscutata n. comb., A. cornualis n. comb. and A. genualis n. comb. (included by Karny in Caustogryllacris and by Gorochov in the subgenus Pseudolarnaca, here transfered to Anancistrogera), Hugelgryllacris tchancha n. comb. (before in Psilogryllacris), Diaphanogryllacris annandalei n. comb., D. barkudensis n. comb., D. dravida n. comb., D. gravelyi n. comb., Claudiagryllacris finoti n. comb. C. stigmata n. comb., C. lemur n. comb., C. fryeri n. comb., Stictogrtllacris pungens n. comb., S. madagassa n. comb., S. genufuscata n. comb., S. vosseleri n. comb., S. difficilis n. comb., S. paulani n. comb., Stictogryllacris signoreti n. comb., S. indecisa n. comb., S. conspersa n. comb., S. pittarellii n. comb., S. ametroides n. comb., S. jacobi n. comb., S. kilimandjarica n. comb., S. meruensis n. comb.; S. neglecta n. comb.; S. submutica n. comb., Griffinigryllacris reunionis n. comb., G. adelungi n. comb., G. mauritiana n. comb., Karnygryllacris occipitalis n. comb., K. atriceps n. comb., K. brevipennis n. comb., K. humilis n. comb., K. scurra n. comb., K. triocellata n. comb., K. pittarellii n. comb., K. grylloides n. comb., Brunnergryllacris testaceus n. comb. and B. eximia n. comb (previously placed under Niphetogryllacris), Rentzgryllacris sechellensis n. comb. (before in Prosopogryllacris and the three subspecies are treated as full species), Gorochovgryllacris navicula n. comb. (transferred from Brachybaenus), Bianigryllacris trilobus n. comb., B. bilobus n. comb., B. digitatus n. comb., B. fallax n. comb., B. nigrigeniculatus n. comb., B. parvospinus n. comb., B. quadratus n. comb. and B. transversus n. comb. (previously placed under Apotrechus), Hyalogryllacris orthoxipha n. comb. (previously placed under Xiphogryllacris), Afroneanias glauningi n. comb., A. sphinix n. comb. and Ingrishgryllacris brevifalcatus n. comb. (previously placed under Ametroides and Glomeremus respectively). A key to the identification of the subfamilies and tribes is provided, plus historical background of the major taxonomic works on the group and the few contributions on ecology, morphology, and behavior is also done. It also discusses the status of fossil taxa thought to belong to the family. A preliminary analysis of the zoogeography of the family from the parameters of richness, diversity and distribution patterns of different groups studied, and also, some final comments on what has been achieved in this contribution are give, what is missing to the study of gryllacridines to the future and some problems that still affect the taxonomy to genera and species level. Finally, a check list in which all family taxa are included with the new classification is provided, with some comments on their distribution and taxonomic status if necessary. 

Urgensi Ilmu Kedokteran Islam dengan Hukum Islam (Studi Identifikasi Deoxrybo Nucleic Acid (DNA) terhadap Sepersusuan)

2018 ◽  
Vol 12 (1) ◽  
pp. 133-146
Author(s):  
Li’izza Diana Manzil
Keyword(s):  
Nucleic Acid ◽  
Breast Milk ◽  
Legal Status ◽  
Islamic Law ◽  
Medical Science ◽  
Dna Identification ◽  
Islamic Medicine ◽  
Parents And Children ◽  
The Status ◽  
Brothers And Sisters

One sign of the rapidly growing world of medical science is its success in making one discovery about Deoxrybo Nucleid Acid (DNA). Islam does not prohibit the practice of DNA identification because it can be used in determining the legal status of relative relationships and related marital prohibitions among families because of the similarity of DNA genes between parents and their children. In Islam marriage prohibition can also occur between brothers and sisters. DNA identification can be done between siblings as a result of the presence of gene elements in breast milk. In addition, breast milk can also develop bone and grow meat if breastfeeding at least five times suction. But the results of DNA tests conducted between siblings cannot be more accurate if done to find relationships of parents and children. From this it clearly proves that Islamic medicine has an urgent value to Islamic law. This can be seen from one of its axiology in determining the status of brotherhood.

"MOTHER, SHOWING NO SPECIAL AFFECTION FOR YOU, WRITES TO YOU VERY FRIENDLY". COUNT V.A. MUSIN-PUSHKIN'S PRE-WEDDING LETTERS TO HIS BRIDE

2020 ◽  
pp. 59-75
Author(s):  
Yuliya V. Kim ◽  
Keyword(s):  
Everyday Life ◽  
Family Life ◽  
Married Couple ◽  
State Archive ◽  
Human Relations ◽  
Russian State ◽  
The Family ◽  
The Status ◽  
Traditional Patterns ◽  
Power Hierarchy

The article presents two letters from V.A. Musin-Pushkin which he wrote to his bride shortly before the wedding in 1828 (the letters are kept in the Russian State Archive of Ancient Acts). The text of the letters reflects the context of the time and everyday life, the system of views and the peculiarities of the worldview of a young aristocrat, the specific features of intra-family interaction in the field of feelings, marriage, human relations which inevitably turn out to be associated with the concepts of the family honor, family duty, the need to preserve the status of a noble family. The author traces how the power hierarchy is manifested at the level of relations within a close circle of relatives, as well as how traditional patterns are combined with new elements. Vladimir Alekseevich Musin-Pushkin, the youngest son of the archaeographer Count A.I. Musin-Pushkin, was arrested in connection with the case of the Decembrists, transferred from the Guards to the army and exiled to serve in Finland, where he met his future wife, Emilia Karlovna Shernval von Wallen. The article provides details of the family life of this married couple, as well as private facts from the biography of some other members of the Musin-Pushkin family.

Examining perceptions of stress, wellbeing and fear among Hungarian adolescents and their parents under lockdown during the COVID-19 pandemic

2020 ◽  
Author(s):  
Gabor Csikos ◽  
Krisztina Dr Törő ◽  
Judit Mokos ◽  
Sandor Rozsa ◽  
Hadházi Éva ◽  
...  
Keyword(s):  
Family Relationships ◽  
Parental Stress ◽  
Significant Negative Correlation ◽  
Post Traumatic Stress ◽  
Natural Catastrophes ◽  
Parents And Children ◽  
Wellbeing Index ◽  
The Family ◽  
Post Traumatic ◽  
Open Question

Intensified anxiety responses and even symptoms of post-traumatic stress are commonly observed under quarantine conditions. In this study, the effects on fear, anxiety and wellbeing of the recent pandemic caused by SARS-CoV-2 were investigated in a sample of otherwise healthy Hungarians. Taking the family as a microsystem, differences in gender, age, family relationships and time spent in isolation were the main focus of this investigation. 346 parent-child dyads were examined; the children were 11-17 years of age. Standard psychological questionnaires (Perceived Stress Scale, WHO Wellbeing Index), and an open question test (the Metamorphosis test) were used, and the results analysed with the aid of basic statistical methods. Stress levels and wellbeing displayed a significant negative correlation with each other in both parents and children. Parental stress and levels of wellbeing had a weak but significant impact on the wellbeing of their children. Among the demographic variables examined, none of them was found to explain the wellbeing or stress level of parents. Natural catastrophes, such as pandemics, create a stressful social environment for parents, and therefore directly impact the psychological wellbeing of all family members.

The Certainty of the Legal Status of Court Secretary and Court Clerk in Federal Courts

2020 ◽  
Vol 6 ◽  
pp. 26-34
Author(s):  
E. V. Gerasenko ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
System Analysis ◽  
Civil Service ◽  
Federal Courts ◽  
Scientific Methods ◽  
Level Of Education ◽  
Additional Qualification ◽  
The Status ◽  
The Russian Federation

Employees of the federal courts' apparatus, in accordance with the current regulations, are public civil servants. In practice and in existing scientific research there is an approach to determining the legal status of this category of public servants through their duties, without specifying the specific requirements for candidates for the position to be filled. The purpose of this study is to define additional qualification requirements to be imposed on the applicant for the position of State Civil Service «Court Secretary» in court, in addition to those contained in the Federal Law «On State Civil Service of the Russian Federation» and orders of the Judicial Department of the Supreme Court of the Russian Federation. The tasks of this work are to study the theoretical foundations of the concept of «status of a State civil servant », to compare federal legislation, decrees of the President of the Russian Federation, decisions and other acts of ministries and departments in the field of the State civil service in the apparatus of federal courts; Justification for the need to include in the status of a public servant serving in the court apparatus additional requirements for the level of education. The methodological basis of the present study was the general scientific methods such as analogy, derivation, system analysis, as well as the private scientific methods: formal-logical, technical-legal and comparativelegal in their various combinations. The study concluded that it was necessary to distinguish the status of federal court staff according to the level of education required to replace a public civil service post, in particular the «Registrar of the Court».

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