Family and Family Law

2018 ◽  
Author(s):  
David Archard
Keyword(s):  
Family Law ◽  
Good Thing ◽  
Legal Concept ◽  
Evaluative Judgments ◽  
Personal Relations ◽  
The Family ◽  
Definition Of ◽  
Contemporary Writing ◽  
Better Than

Much contemporary writing on ‘family’ and ’family law’ cites extensive changes to the family as evidence that the very concept of the ‘family’ is redundant, or that the family has disappeared. Conceptual questions (What counts as a family?) should be distinguished from normative ones (Is the family a good thing? Are some families better than others?). The use of the term ‘the family’ can be normatively innocent such that there are different family forms none of which should be privileged. Having distinguished ‘the family’ as an extra-legal concept and as a legal construct, I defend a functional definition of the family. This value-free definition can serve as the basis of evaluative judgments about the family. There are good reasons why law might recognize the family, consistent with law also recognizing non-familial personal relations. Nevertheless we need not accord familial status to such relations, or abandon the term ‘family’.

Family Law in the GCC and the Best Interests of the Child

Hawwa ◽  
2018 ◽  
Vol 16 (1-3) ◽  
pp. 309-332
Author(s):  
Lena-Maria Möller
Keyword(s):  
Parental Care ◽  
United Arab Emirates ◽  
Family Law ◽  
Best Interests ◽  
Gulf Region ◽  
Legal Concept ◽  
Family Structures ◽  
Societal Values ◽  
The Family ◽  
The Persian Gulf

AbstractThis article considers the inclusion of the best interests of the child standard in the family law regimes of Bahrain, Qatar, and the United Arab Emirates, as well as its implications for our understanding of families in the Persian Gulf region. Specifically, the degree and ends to which the concept of the best interests of the child have been used in formulating the rules governing domestic child law generally, and parental care in particular, will be investigated. As the best interests of the child standard remains a vague and largely undefined legal concept in all three family codes, the analysis will not limit its focus on statutory approaches to reforming child law. More importantly, this article also considers legal practice in child law and the courts’ interpretation of the best interests of the child standard. In doing so, the article: (i.) discusses how the introduction of the best interests of the child standard has served to reform family law on its codification in Bahrain, Qatar, and the UAE; and (ii.) explores what the interpretation of the concept of best interests of the child tells us about changing societal values, family structures, and present-day attitudes towards motherhood and fatherhood in the GCC. I argue that, although the best interests of the child standard has come to influence most aspects of child law in the three countries under review, its usage and meaning remains inconsistent. The concept serves multiple purposes in the area of parental care in particular. What is still missing in all three jurisdictions is a thoroughly grounded and all-encompassing framework to determine the best interests of the child standard and also an understanding of its overall function within family law.

scholarly journals “Family” as a legal concept

Revista CS ◽  
2015 ◽  
pp. 91-109
Author(s):  
Isabel Cristina Jaramillo Sierra ◽  
Helena Alviar
Keyword(s):  
Social Policy ◽  
Subject Matter ◽  
Legal Theory ◽  
Family Law ◽  
Same Sex ◽  
Legal Concept ◽  
Same Sex Couples ◽  
The Family ◽  
Proper Definition

The concept of “family” plays an important role in the way national legal regimes distribute both power and resources. However, the idea of what a family is or should be is not univocal for all branches of law. In this paper we wish to contribute to feminist thinking about the law and to legal theory in general, by showing the contradictions and gaps in law’s incorporation of the legal concept of the family and their distributive impact. We use the notion of conceptual fragmentation to refer to the irregular manner in which family as a legal concept lands into the realms of diverse fields of law at different moments in time and with different emphasis. We argue that conceptual fragmentation makes connections through time and subject matter invisible, and therefore makes it harder to have a critique of the role of the family, treated as a legal concept, in the oppression of women. We establish that conceptual fragmentation is not irrational or incoherent but rather patterned in ways that correspond to the losses of women in contemporary societies. We use the case of colombian law to illustrate the stakes involved in defining the family and the operations that we call fragmentation. In particular, we explain how family law exceptionalism was produced, the importance of the legal concept of the family within family law and its ambivalence as to the proper definition, and the evolution of the concept of family within social policy. We argue that even if the stakes of the family seem to be all for same sex couples, in so far as “family” is still about reproduction and distribution, we should be vigilant about how women fare in the conceptual turns that seek to bring us closer to the natural family.

Wykładnia celowościowa pojęcia „rodzina”. Glosa krytyczna do Wyroku WSA w Szczecinie z dnia 18 stycznia 2018, II SA/Sz 1199/17

2020 ◽  
Author(s):  
Tomasz Rakoczy
Keyword(s):  
Financial Support ◽  
Family Law ◽  
Strict Interpretation ◽  
The Family ◽  
Mother And Child ◽  
The One ◽  
Definition Of

The commented judgement refers to the kind of interpretation of the term “family” in the scope of its members. The choice of interpretation is necessary for examine of possibility of granting the one-time financial support for the birth of the child. The key problem of the case is the question whether the father who does not stay actually with mother and child contains the family. According to the strict interpretation father belongs to the family and his income should be taken into account. WSA decided to use the teleological definition of family which takes into account only members actually forming family and excluded father from community of family. In that way his income is not subject of verification. According to the author of the commented judgement interpretation preferred by WSA is contra-legem, releases father from his futures duties and presents dangerous corruption of system of family law. The father cannot be excluded from the family in any dimension.

scholarly journals Definición jurídica de la familia en el derecho romano : legal definition of the family in roman law

2012 ◽  
Author(s):  
Mª Eva Fernández Baquero
Keyword(s):  
Family Law ◽  
Roman Law ◽  
The Political ◽  
Legal Institution ◽  
Roman Society ◽  
Cultural Transformations ◽  
Starting Point ◽  
The Family ◽  
Legal Texts ◽  
Definition Of

A diferencia de las declaraciones genéricas de la actual legislación internacional que evita definir a la familia, en las fuentes jurídicas romanas contamos con definiciones de familia en los textos jurídicos. Ello otorgó a la sociedad romana dar la suficiente seguridad para consolidar los pilares fundamentales del Derecho de Familia en el Derecho Romano. Y es que, en Roma como en la actualidad, la familia –como institución jurídica– no fue inmutable, sufrió cambios importantes a lo largo de los siglos en función de las transformaciones políticas, sociales y culturales. Sin embargo, y a diferencia del Derecho actual, dichos cambios tuvieron siempre presente el contenido sustancial y jurídico de lo que implica la idea primordial de la familia pues, dichas definiciones jurídicas, sirvieron como punto de partida para encontrar nuevas soluciones.Unlike generic statements of current international legislation that avoid defining family, in Roman legal sources there are definitions of family in legal texts. This granted Roman society sufficient certainty to consolidate the fundamental pillars of family law in Roman law. And in Rome, as at the present, the family – as a legal institution – was not immutable, it suffered major changes over the centuries on the basis of the political, social and cultural transformations. However, and contrary to current law, changes always had present substantial and legal content of what the primary idea of family was because such legal definitions served as a starting point to finding new solutions.

scholarly journals Pembatalan Perkawinan Menurut Hukum Islam dan UU Hukum Keluarga di Negara Muslim: Studi Perbandingan Antara Negara Mesir, Aljazair, Yordan dan Maroko

Humaniora ◽  
2014 ◽  
Vol 5 (2) ◽  
pp. 655
Author(s):  
Sukron Ma’mun
Keyword(s):  
Content Analysis ◽  
Islamic Law ◽  
Family Law ◽  
Comparative Method ◽  
Analysis Method ◽  
Legal Concept ◽  
State Laws ◽  
Muslim Countries ◽  
Content Analysis Method ◽  
The Family

The purpose of this paper is to find out the reasons for the cancellation of marriage according to the concept of classical Islamic law and the laws of Muslim countries such as Egypt, al-Jazair, Jordan, and Morocco wich adopted from the concept of Islamic law. Then compare the changes in the state laws from the classical Islamic legal concept. In this paper the author uses descriptive-analytical-comparative method. The data analysis was done by using content analysis method (content analysis), which is an attempt to explore the symbolic meaning of the message or the contents of a book or other writings products.The results showed that the comparison of horizontal four countries mentioned above in its laws, have in common the material, especially the most prominent is reason for cancellation of marriage with disabilities or diseases in one partner. As for the inability make a living only Jordan which did not mention it in the family law legislation. 

scholarly journals THE FAMILY-LEGAL AGREEMENTS TA THEIR ROLE IN RESOLVING FAMILY DISPUTES

2019 ◽  
pp. 49-53
Author(s):  
O.I. Kiselova ◽  
R.V. Kokhtenko
Keyword(s):  
Family Relationships ◽  
Family Law ◽  
Family Relations ◽  
Free Expression ◽  
Legal Structure ◽  
Legal Contract ◽  
The Family ◽  
Definition Of ◽  
Family Code

The article defines a definition of the family – law contract, its purpose, and analyzes the peculiarities of contractual regulation of family disputes. In the consideration of the premises of the current family- law of Ukraine, the article deals with the peculiarities of the construction of the family-legal contract, namely. Classification of the family –law contracts, which can be concluded between individuals – subjects of family legal relations based on the provisions of the norms of the Family Code of Ukraine. It is determined that the family-legal agreement is a private-law act, which is concluded with the aim of regulating family relations between family members. Such a private legal action is based on the provisions of equality of the parties, their free expression of will, and property independence. It was found out that the subjects who can enter into family-legal contracts are exclusively individuals who are endowed with a characteristic such as family or marital status. The content of the family law contract may be both property and non-property family rights and obligations. It was investigated that family law treaties play an extremely important role in settling family disputes and are an alternative to solving such disputes in court. The value of family law contracts in settling family disputes is that they regulate property and non-property relationships between individuals – subjects of family relationships, according to their will, taking into account their personal views on family relationships. The ways of solving problems that hinder the conclusion of contracts by the participants of family legal relations with the aim of settling family disputes are offered. Keywords: legal structure, family-law contract, construction of the contract, subjects of the contract, the content of the contract, terms of the contract, the form of contract, the purpose of the contract, types of contracts.

Resolution and measurement in the scanning electron microscope

1987 ◽  
Vol 45 ◽  
pp. 534-537 ◽  
Author(s):  
Michael T. Postek
Keyword(s):  
Electron Microscope ◽  
Scanning Electron Microscope ◽  
Engineering Design ◽  
Resolving Power ◽  
Practical Applications ◽  
Instrument Resolution ◽  
Accurate Definition ◽  
Definition Of ◽  
Scanning Electron ◽  
Better Than

The term ultimate resolution or resolving power is the very best performance that can be obtained from a scanning electron microscope (SEM) given the optimum instrumental conditions and sample. However, as it relates to SEM users, the conventional definitions of this figure are ambiguous. The numbers quoted for the resolution of an instrument are not only theoretically derived, but are also verified through the direct measurement of images on micrographs. However, the samples commonly used for this purpose are specifically optimized for the measurement of instrument resolution and are most often not typical of the sample used in practical applications.SEM RESOLUTION. Some instruments resolve better than others either due to engineering design or other reasons. There is no definitively accurate definition of how to quantify instrument resolution and its measurement in the SEM.

REGULATION OF MARRIAGE RELATIONS IN THE TURKESTAN REGION

2019 ◽  
Vol 22 (2) ◽  
pp. 27-32
Author(s):  
Khurshida Tillahodjaeva ◽  
Keyword(s):  
The Family ◽  
Role Of Women ◽  
Family And Marriage ◽  
Material Conditions ◽  
Definition Of

In this article we will talk about the scale of family and marriage relations in the early XX century in the Turkestan region, their regulation, legislation. Clearly reveals the role of women and men in the family, the definition of which is based on the material conditions of society, equality of rights and freedoms and its features.

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