Winner of the SLS Annual Conference Best Paper Prize 2015: Towards an understanding of the basis of obligation and commitment in family law

Legal Studies ◽  
2016 ◽  
Vol 36 (1) ◽  
pp. 1-19 ◽  
Author(s):  
Gillian Douglas
Keyword(s):  
Family Relationships ◽  
Family Law ◽  
Family Relationship ◽  
Annual Conference ◽  
Legal Obligations ◽  
The Family ◽  
Different Types ◽  
Legal Consequences

Much family law scholarship in recent years has been focused on the recognition of different types of family relationship. Often, the rationale for the grant of rights and duties to new forms of relationship is said to be because the parties have shown commitment, or the same degree of commitment, as those in formally recognised unions, such as marriage. But there has been relatively little consideration of why or how commitment can provide an adequate rationale for the imposition of legal consequences, in particular, legal obligations, especially when such commitment may be lacking on the part of one of the parties, or comes to an end. This paper explores the meanings of obligation and commitment within the family and questions whether commitment provides a necessary or sufficient justification for the imposition of legal obligations in family relationships.

COMMON OWNERSHIP OF SPOUSES (Analysis of the Georgian Civil Law)

Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 163-177
Keyword(s):  
Family Relationships ◽  
Civil Law ◽  
Family Relationship ◽  
Legal Regulation ◽  
Legal Literature ◽  
Common Ownership ◽  
Personal Rights ◽  
The Family ◽  
Inner World ◽  
Legal Fact

The research shows that one of the legal relations in civil matters is the family relationship, having an extensive content. It includes Family Law and the actual family relationships. While there are factual elements in the family relationships, only marriage registration gives rise to the property and personal rights between spouses since marriage is a legal fact of law. However, it has been stated correctly in the legal literature that the actual co-existence of partners is such a family relationship, in which couples enter into marriage without registration. The inner world of unmarried couples is significantly free from legal regulation. Family relationships, by their characteristics, are inconceivable without the personal and intimate aspects contained in certain factual foundations and found in family relationships.

scholarly journals Family relationships in the social network for young male homosexuals

2020 ◽  
Vol 73 (6) ◽  
Author(s):  
Nadynne Pastoriza dos Santos ◽  
Paula Daniella de Abreu ◽  
Ednaldo Cavalcante de Araújo ◽  
Natália Oliveira de Freitas ◽  
Hulda Vale de Araújo ◽  
...  
Keyword(s):  
Social Network ◽  
Family Relationships ◽  
Learning Experience ◽  
Family Relationship ◽  
Young Male ◽  
Social Dimension ◽  
The Social ◽  
The Family ◽  
Qualitative Descriptive ◽  
Male Homosexuals

ABSTRACT Objective: To evaluate the family relationships in the social network for young male homosexuals. Methods: this is a qualitative, descriptive, exploratory study anchored in the theoretical framework Social Network and including 20 male homosexuals selected by the Snowball technique through semi-structured script interview. The IRaMuTeQ software was analyzed by Similitude Analysis. Results: the primary social network was configured in the elements: 1 – Family affective ties: the center of the social network, 2 - Binding family relationship and religiosity. Final considerations: it was evaluated that the primary social network has been rooted to fragile relationships of socialization and solidarity, and that the social dimension is also rooted on conservatism, sexism/bigotry, and violence. When it comes to address this issue creates the contribution to the visibility of the homosexual youth family dynamics, since it represents the central core and first learning experience that will determine the development and ability to deal with adversities.

scholarly journals Influence of Major Public Health Emergencies on Family Relationship and Humanistic Geographical Characteristics of China

2021 ◽  
Vol 18 (8) ◽  
pp. 3879
Author(s):  
Xiaojia Guo ◽  
Jingzhong Li ◽  
Yexin Gao ◽  
Fang Su ◽  
Bing Xue
Keyword(s):  
Public Health ◽  
Family Relationships ◽  
Family Relations ◽  
Family Relationship ◽  
Education Level ◽  
Psychological State ◽  
Public Events ◽  
Public Health Emergencies ◽  
The Family ◽  
The Impact

Harmonious and stable family relations are undoubtedly an important component of victory in terms of epidemic prevention. Take the COVID-2019 (2019 new crown pneumonia epidemic) as the major public events background; 24,188 national samples were obtained based on a network survey. We selected gender, education level, occupation type, family scale, neighborhood relationship and psychological state as independent variables, and adopted multiple logistic models to assess the impact of major public events on family relationships and the characteristics of humanistic–regional attributes. The findings are as follows: (1) During the epidemic period, major public health emergencies effectively promoted the national residents’ family relationships. (2) The family relationships of national residents presented a high level in central China and a low level in the border areas of China, which is consistent with the spread of COVID-2019 in January and February. (3) Family relationship level averages between 2.201~2.507 among different groups when divided by occupation, age and education. The family relationship has improved, but the change is not drastic and the gap between various groups is not significant, so there is essentially no difference. (4) The impact of major public health emergencies on all families is nearly sudden and instant, so that family relationship changes are often also abrupt. (5) Educational level, family size and gender have a positive effect on the change in family relations, but this effect is weakened as family education level increases; while the anxiety of the interviewees and the neighborhood had a negative effect on the change in family relationship, this indicates that the better the neighborhood relations are, the more harmonious a family relationship is. The above research can provide an important scientific support and decision-making basis for the government to carry out community prevention work, respond to major public health emergencies and construct a family support social policy system in the future.

scholarly journals A New Vision of Subjects of Family Legal Relations

2020 ◽  
pp. 98-116
Author(s):  
Maryna BORYSLAVSKA
Keyword(s):  
Detailed Analysis ◽  
Legal Status ◽  
Family Law ◽  
Legal Regulation ◽  
The Body ◽  
Single Individual ◽  
Legal Personality ◽  
The Family ◽  
Family Code ◽  
Legal Consequences

The article examines the features of subjects of family law. As a result of the analysis, the conclusion that family legal relations can arise exclusively between individuals was further confirmed. Various proposals of scientists to expand the range of participants in family legal relations were analyzed, in particular, by including a surrogate mother there. It has been established that the Family Code of Ukraine regulates legal relations with the participation of such entities, which do not directly apply to participants in family legal relations. Among them it is possible to call the actual tutors and pupils, the actual spouses, the former spouses, the guardian, the tutor, other subjects where the orphan children and children deprived of parental guardianship are placed. The rationale for establishing in the Family Code a circle of persons whose relations are not regulated by the Code, but are governed by moral and ethical standards, is justified. The study of the subject of family law departs from the traditional doctrinal approach, according to which he is analyzed from the point of view of his legal capacity. At the same time, emphasis is placed on the person of the individual, and in fairly atypical cases. In this regard, a special detailed analysis of the following situations (phenomena) has been carried out: the sex of an individual and the change (correction) of gender; the problem of determining the number of natural persons (if they are twins) and the specificity of their participation in family legal relations; the possibility of recognizing a single individual as a subject of family law; the legal status of the deceased person subject to cryopreservation and the prospect of his legal status. It is established that it is for family law that the sex of an individual (female or male) is very important. Accordingly, the change in gender has very serious consequences for the participants in this relationship. It is justified that their lack of adequate legal regulation is a negative phenomenon. It is proposed to provide in the legislation with a provision according to which changing the sex of one of the spouses is the reason for the termination of the marriage. It has been established that a single person cannot be considered a subject of family legal relations. A detailed analysis of the existing experience of the life of Siamese (united) twins allows us to summarize that there are no and apparently cannot be unified approaches to recognizing their legal personality. Certain problematic issues of marriage and parental legal relations of Siamese twins are considered. A general analysis of the current situation regarding the capabilities of cryonics to preserve the human body (its parts) has been carried out. It has been established that these relationships are gaining popularity, which requires the search for solutions to the legal consequences of thawing such persons, including family legal consequences. During the preparation of the article, the experience of foreign countries and historical experience in the field of family and other related legal relations were actively investigated. Keywords: individual, subject (participant) of family legal relations, change (correction) of a person’s gender, legal personality of Siamese (united twins), a single individual, cryopreservation of the body (brain) of an individual.

scholarly journals Elder family financial exploitation: Family relationships are never the same

2021 ◽  
Vol 5 (Supplement_1) ◽  
pp. 770-771
Author(s):  
Athena Chung Yin Chan ◽  
Marlene Stum
Keyword(s):  
Family Relationships ◽  
Healing Process ◽  
Family Relationship ◽  
Family Members ◽  
Systems Perspective ◽  
Relationship Themes ◽  
Financial Exploitation ◽  
The Family ◽  
Depth Interviews

Abstract Millions of families are affected by elder family financial exploitation (EFFE), but the consequences for lifelong intergenerational family relationships and family functioning remain largely unexamined (i.e., parent/child, siblings). This study examines the consequences of experiencing EFFE on the quality of family relationships from the perspective of non-victim, non-perpetrator concerned family members (CFMs). Data from a larger EFFE mixed-methods study were utilized. A voluntary sample of 28 CFMs who had experienced EFFE participated in semi-structured, in-depth interviews and brief surveys. Analysis included identifying quality of family relationship themes from data related to differences EFFE has made in their family. Participating CFMs were primarily adult children of older victims, and siblings of the primary perpetrators. The findings reflect three patterns of changes in quality of family relationships between the CFMs and other family members, including: (a) Restoring trust and recovery within the family, (b) Alliances and taking sides, and (c) Estrangement and cutoff. While families were never the same after experiencing the exploitation, for some was a healing process to accept the family situation and restore and repair trust. Redefining who would be family moving forward was a focus for some families when perpetrators and CFMs took sides and formed allies with others. In the most dramatic changes, siblings, parents and others became cutoff and isolated from other family members. While a loss of relationship quality was common, strengthening of relationships also occurred. Understanding EFFE from an ecological family systems perspective can help to inform needed EFFE interventions, both processes and outcomes.

scholarly journals Nightmare experience and family relationships in healthy volunteers and nightmare disorder patients

2019 ◽  
Vol 19 (1) ◽  
Author(s):  
Chu Wang ◽  
Xu Shao ◽  
Yanli Jia ◽  
Chanchan Shen ◽  
Wei Wang
Keyword(s):  
Healthy Volunteers ◽  
Psychiatric Disorders ◽  
Family Relationships ◽  
Family Relationship ◽  
Physical Effect ◽  
The Family ◽  
Scale Scores ◽  
Nightmare Disorder ◽  
Meaning Interpretation ◽  
Experience Questionnaire

Abstract Background Nightmares are associated with parental bonding styles and various psychiatric disorders, but the exact connections between different nightmare experience features and family relationships in healthy volunteers and nightmare disorder patients are still unclear. Methods We therefore invited 62 nightmare disorder patients and 135 healthy volunteers to undergo tests of the Nightmare Experience Questionnaire (NEQ), the Family Relationship Questionnaire (FRQ), and the Plutchik - van Praag Depression Inventory (PVP). Results Besides the higher nightmare frequency and the higher PVP and four NEQ scale scores, the nightmare disorder patients had higher scores of FRQ Paternal Abuse, and lower ones of General Attachment, Maternal Encouragement, Maternal Freedom Release, and Paternal Freedom Release. The PVP was correlated with some NEQ and FRQ scales in both healthy volunteers and patients, and it functioned as a mediator between Physical Effect and Maternal Dominance in patients. Regarding predicting NEQ by FRQ, Paternal Abuse predicted Physical Effect, Maternal Dominance predicted Physical Effect and Horrible Stimulation, General Attachment predicted Horrible Stimulation (−) in healthy volunteers; Maternal Dominance predicted Physical Effect, Meaning Interpretation, and Horrible Stimulation, Paternal Freedom Release predicted Physical Effect (−), and Paternal Dominance predicted Meaning Interpretation and nightmare frequency in patients. Conclusions Our study has demonstrated that the inappropriate family relationships were linked with different aspects of nightmare experience, especially in nightmare disorder patients.

The silent minority: The voice of the child in family law

2003 ◽  
Vol 28 (4) ◽  
pp. 31-38 ◽  
Author(s):  
Amanda Shea Hart
Keyword(s):  
Family Relationships ◽  
Family Law ◽  
Well Being ◽  
Best Interests ◽  
Law Reform ◽  
Value Judgments ◽  
Rights Of The Child ◽  
The Family ◽  
The Right ◽  
The Voice

Family law in Australia is an important and unique jurisdiction that directly impacts upon the well-being and future family relationships of children whose families are in dispute over post separation parenting arrangements. The United Nations Convention on the Rights of the Child states that children have the right to participate in decisions that directly affect them. But there are many barriers and tensions to children's participation in the jurisdiction of family law in Australia. Decisions said to be in the child's ‘best interests’ are influenced by value judgments and beliefs that are informed by dominant western discourses on the needs and competencies of children. In practice under the Family Law Reform Act 1995 children remain marginalised without an effective voice. Failure to hear the voice of the child is of special concern for children who have been traumatised by exposure to family violence and ongoing conflict. It is important to develop new understandings about children and the importance of giving children a voice.

scholarly journals DINAMIKA PEMBAHARUAN HUKUM KELUARGA ISLAM DI INDONESIA

2014 ◽  
Vol 6 (2) ◽  
Author(s):  
Eko Setiawan
Keyword(s):  
Family Relationships ◽  
Family Law ◽  
Family Ties ◽  
The Family ◽  
Islamic Family Law ◽  
The Law ◽  
The Relationship ◽  
Unwritten Law

This article will elaborate the thought of renewing of Islamic family law in Indonesia. Family law generally is the law based on family ties. This family ties can occur because of consanguinity, or occur because of a marriage. The family relationships are very important because there is nothing to do with the relationship to the children and the parents, the law of inheritance, custody and guardianship. Basically source of family law can be divided into two kinds, namely the source of written and unwritten laws. Written source of family law is a source of law derived from a variety of legislation, jurisprudence, and treaties. While the source of the unwritten law is a source of law that grows and develops in society lifes.

scholarly journals Gender aspects of gaslighting as a form of psychological violence in the family

2021 ◽  
Vol 2021 (2) ◽  
pp. 137-151
Author(s):  
A.I. Rudenok ◽  
◽  
O.V. Petyak ◽  
O.B. Igumnova ◽  
◽  
...  
Keyword(s):  
Interpersonal Relationships ◽  
Family Relationships ◽  
Family Relations ◽  
Family Relationship ◽  
Psychological Violence ◽  
The Family ◽  
Gender Aspects ◽  
Marital Partners ◽  
Verbal Insults ◽  
Practical Recommendations

The article reveals the problem of psychological violence in the family and considers the gender aspects of the manipulative phenomenon of gaslighting. Manipulations are aimed at forcing other people to perform exactly the actions that the manipulator needs. These actions lead to certain consequences that the manipulator wants to get in accordance with his motives. In a family relationship, the gaslight partner does not care what the victim partner wants and aspires to. It is important to him that others obey. Because the victim partner does not always agree to submit to this pressure, the gaslighter uses manipulation to indirectly influence the motivation, decisions and actions of the victim partner. Manipulative techniques are often veiled in such a way that the victim cannot understand the harmful effects that the partner has on him. The aim of the study was to study the concept of “gaslighting” in the environment of interpersonal relationships of marital partners; studies of gender features of gaslighting; identification of verbal and nonverbal means of manipulation characteristic of a gaslighter; development of practical recommendations on ways to counteract the gaslighter. The results of our study showed that destructive statements to victim partners characterize the specifics of gaslighting as a kind of psychological, emotional violence in family relationships. Women are more told about their mental illness, inferiority, humiliation, success. Men in their address more often hear from partners statements about the wrong perception of reality. The most common manifestations of gaslighting in the family relationships of respondents are: humiliation of the person by the partner, devaluation of feelings and the importance of important events, as well as the transfer of responsibility to the partner. Regarding the manipulative actions used by gaslight partners towards the respondents, we highlighted accusations from partners, ignoring feelings, verbal insults and rejection of the lifestyle of partner victims. The key strategies for resolving family conflicts that respondents use are rivalries and adaptations. In general, based on the results, we found that there is no gender variation in the use of gaslighting by marital partners in family relationships – since both women and men are equally faced with the manifestations of this phenomenon in the family Key words: gaslighting, manipulator, gaslighter partner, victim partner, psychological violence, family relations.

scholarly journals A Descriptive Study to Assess the Association of Social Media Usage on Family Relationship among Student Nurses in Selected College of Nursing in Delhi

2021 ◽  
Vol 08 (01) ◽  
pp. 14-17
Author(s):  
Suchhanda Bhattacharya ◽  
Keyword(s):  
Social Media ◽  
Family Relationships ◽  
Linear Correlation ◽  
Inverse Relationship ◽  
Family Relationship ◽  
Student Nurses ◽  
Media Usage ◽  
The Family ◽  
College Of Nursing ◽  
Relationship Of

Introduction: Social media sites have become the most popular mode in recent years to communicate with people and share interests and likes with others. One of the many influences of social media is change in family relationships resulting from a decline in quality time spent with the family especially among youths including students. So the objective of the present study was to assess the effect of social media usage on family relationship. Method: A descriptive survey was conducted on 124 student nurses studying at Rufaida College of Nursing, selected by purposive sampling technique. Structured rating scale and Brief Family Relationship Scale were used to assess social media usage and family relationships of student nurses on three parameters, expressiveness, cohesion, and conflicts. Data were analysed using descriptive and inferential statistics. Linear correlation was used to find the correlation between social media usage and family relationship. Result: The assessment of family relationships indicated maximum expressiveness among families of 76 students, maximum cohesion among families of 115 students, and moderate conflicts among families of 58 students. In the linear correlation, there is a direct relationship of cohesion and expressiveness in the family and social media usage and inverse relationship of conflict within the family and social media usage. Conclusion: There seems to be a direct correlation between social media usage and expressiveness and cohesion within the family and an inverse relationship between conflict and social media usage in the family.

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