Marriage and Family Law in a Changing Vietnam

1999 ◽  
Vol 20 (5) ◽  
pp. 602-616 ◽  
Author(s):  
STEVEN K. WISENSALE
Keyword(s):  
Gender Equity ◽  
Family Policy ◽  
Family Law ◽  
Lessons Learned ◽  
Arranged Marriages ◽  
Marriage And Family ◽  
The Past ◽  
Legal Obligations ◽  
The Family ◽  
New Procedures

Marriage and family law in Vietnam has been greatly influenced by important historical events over the past 40 years. As a result, three major reforms have been implemented. The Marriage and Family Law of 1959 ended arranged marriages and polygamy and addressed the issue of gender equity. The Law on Marriage and the Family of 1986 clarified the legal obligations of married partners, identified more clearly parental responsibilities, and established new procedures for divorce. And, the 1994 Decree on Marriage and the Family was enacted to protect Vietnam's families from external influences and address concerns about rapid modernization. Lessons learned from Vietnam's experience may inform those researchers who are interested in studying family policy in other developing nations.

Same-Sex Relationships

2011 ◽  
Author(s):  
Joanna L. Grossman ◽  
Lawrence M. Friedman
Keyword(s):  
Family Law ◽  
Same Sex ◽  
Marriage And Family ◽  
Same Sex Marriage ◽  
The Social ◽  
The Family ◽  
Traditional Marriage ◽  
The Right ◽  
Constitutional Analysis

This chapter describes what might be the last battleground over “traditional” marriage—same-sex marriage, and the social and legal revolution that brought us from an era in which it was never contemplated to one in which, depending on the state, it is either expressly authorized or expressly prohibited. Same-sex marriage has posed—and continues to pose—a challenge to traditional definitions of marriage and family. But, more importantly, the issue implies broader changes in family law—the increasing role of constitutional analysis; limits on the right of government to regulate the family; and the clash between the traditional family form and a new and wider menu of intimate and household arrangements, and all this against the background of the rise of a stronger form of individualism.

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.

scholarly journals The Importance of Marriage and Family in the Narratives of Adult Children of Divorced Parents

2015 ◽  
Vol 5 (1) ◽  
pp. 155-171
Author(s):  
Maja Piotrowska
Keyword(s):  
Adult Children ◽  
Children Of Divorce ◽  
Marriage And Family ◽  
Life Event ◽  
The Past ◽  
The Family ◽  
Church Law ◽  
Past Experiences ◽  
Happy Family ◽  
Attitudes Towards Marriage

Abstract We live in a world where all the beliefs, passed from one generation to another, all our values are being redefined. Notions of marriage and family also receive different meaning. Today, the term „marriage” extends its meaning, not limiting itself to the naming of „entangled” couples by legal or church law. It also refers to people who consider themselves to be linked with each other, not only by legal terms, people whose relationships are different on various levels from the traditionally understood marriage. However, for generations we have invariably associated the notion of family with love, support, warmth and place of meeting with people important and valuable to us, on who we can count on and expect some help when we need it. Such an importance given to the family was revealed in my interviews with the adult children of divorced parents. People involved in my research often stressed the great value they associate with this smallest social group. Statements about marriage and family seem to be firmly rooted in the past experiences, which is reflected in their convictions concerning the impermanence of marriage and family systems. On the other hand, one can notice an intense longing for what they could not experience in the past - a stable and happy family. I believe that in the context of the presented narrations one can conclude that the divorce of the parents as the critical life event is strongly written in the identity of „the children of divorce”. It highly influences their attitudes towards marriage, family and relationships in general.

The Perils and Pitfalls of Formal Equality in Australian Family Law Reform

2018 ◽  
Vol 46 (3) ◽  
pp. 367-396 ◽  
Author(s):  
Belinda Fehlberg ◽  
Lisa Sarmas ◽  
Jenny Morgan
Keyword(s):  
Gender Equality ◽  
Family Law ◽  
Law Reform ◽  
Men And Women ◽  
The Past ◽  
Australian Family ◽  
The Family ◽  
Alternative Approaches ◽  
Formal Equality

In this paper, we identify the influence of formal equality—and more specifically, formal gender equality (that is, treating men and women the same)—in central areas of major Australian family law reform over the past 20 years. Given the influence of formal equality and our concerns regarding this trend, we consider whether equality-based arguments should be abandoned entirely, at least in the family law context, and explore alternative approaches that could reframe the debate.

Family Policy and Family Professionals

1984 ◽  
Vol 5 (2) ◽  
pp. 155-159 ◽  
Author(s):  
ANDREW CHERLIN
Keyword(s):  
Public Policy ◽  
Family Policy ◽  
Thematic Issue ◽  
The Past ◽  
The Family ◽  
Family Professionals

In this introduction to the thematic issue on family policy, I discuss the evolution over the past decade in the approach to family policy taken by family professionals. I argue that the writings of policy-oriented professionals have become more modest in scope, more focused on specific issues, more aware of the moral tensions inherent in intervening in family affairs, and more appreciative of the strengths of families. This has led, I argue, to a more limited but more constructive contribution to the debates about the family and public policy.

scholarly journals Transformation of the desired family model in different generations: Results of the All-Russian sociological study

2020 ◽  
Vol 20 (3) ◽  
pp. 527-545
Author(s):  
T. K Rostovskaya ◽  
O. V Kuchmaeva
Keyword(s):  
Family Life ◽  
Generational Differences ◽  
Family Policy ◽  
Federal State ◽  
Sociological Study ◽  
Multivariate Statistical ◽  
Marriage And Family ◽  
Family Model ◽  
The Family ◽  
Happy Family

The difficult demographic situation and the search for an effective model of demographic and family policy have revived the discourse about the Russian family model. The article aims at describing general and specific characteristics of the desired family model in different generations to identify vectors of transformation of the family institution and directions of the family policy. The authors conclusions are based on the statistical data, all-Russian population censuses (2002 and 2010), micro-census (2015), sample surveys of the Federal State Statistics Service, and the results of the authors research conducted in 2019. Ideas about the desired family model change under the influence of cultural and social-economic factors and differ between generations; therefore, a comparison of the opinions of different generations allow to identify transformations of the desired family model and directions of family policy. Family is still a significant value for Russians, but the model of the desired family changes towards nuclearization, mosaic family life models, decreasing role of formal mechanisms for regulating marriage, and increasing share of people who do not want a family. The discourse about the traditional family model, which is the basis of the Russian family policy, is supported by many Russians only formally. In general, Russians ideas about the desired family model change in the direction of liberalizing norms and attitudes to marriage and family life, and there are serious generational differences. Methods of multivariate statistical analysis allowed the authors to identify typological groups that differ in their ideas about the happy family.

Family Property Division and the Principle of Judicial Restraint

2018 ◽  
Vol 41 (2) ◽  
Author(s):  
Patrick Parkinson
Keyword(s):  
Property Rights ◽  
Family Law ◽  
The State ◽  
High Court ◽  
Family Courts ◽  
The Past ◽  
The Family ◽  
The Relationship ◽  
Do So

The Family Law Act 1975 (Cth) provides that judges must not alter property rights on the breakdown of the relationship unless satisfied that it is just and equitable to do so. This is the principle of judicial restraint. In the past, and prior to the 2012 decision of the High Court in Stanford v Stanford, this principle was given almost no effect. The High Court sought to correct this approach, insisting that the family courts should not begin from an assumption that a couple’s property rights are or should be different from the state of the legal and equitable title. It also reaffirmed that there is no community of property in Australia. This article considers the significance of the principle of judicial restraint: first, in cases where the property is already jointly owned and, secondly, in cases where the couple have chosen to keep their finances separate.

scholarly journals On Imperfection of Family Laws of the Russian Federation

2020 ◽  
Vol 12 ◽  
pp. 10-16
Author(s):  
Irina S. Merzlyakova ◽  
Keyword(s):  
Russian Federation ◽  
Family Law ◽  
Family Relations ◽  
Legal Regulation ◽  
Marriage And Family ◽  
Legal Norms ◽  
The Family ◽  
Family Practices ◽  
Life Itself ◽  
The Russian Federation

The article is devoted to the substantiation of the need to improve the family legislation of the Russian Federation due to the lack of legal norms that clearly regulate modern forms and problems of marriage and family practices, as well as due to the contradictions existing in Russian family law. Life dynamics, a variety of life realities, value transformations are not “covered” by the current legal field: many conflict and controversial situations of modern marriage and family relations remain outside the legal regulation. This fact indicates the lag of law from life itself.

scholarly journals The values of family education in the context of Russian legislation (historical and pedagogical aspect)

2019 ◽  
Vol 13 (3) ◽  
pp. 433-441
Author(s):  
L. O. Volodina ◽  
Keyword(s):  
Family Policy ◽  
Family Law ◽  
Family Relations ◽  
Public Awareness ◽  
Main Idea ◽  
Social Institution ◽  
The State ◽  
Family Education ◽  
Positive Development ◽  
Marriage And Family

The article is devoted to the problem of the values of family education in the context of Russian legislation, the historical conditions of their formation as a factor in the positive development of the state from Ancient Russia to the second half of the 19th century, reflecting the national characteristics of the formation of family law and its traditions. Its content is aimed at public awareness of the role and degree of influence of the state on the creation of the family as a social institution, whose functions are determined by the tasks of procreation and the education of worthy citizens of their country. The author holds the main idea that the values of family life, family upbringing and the norms of family law are complementary categories. As research methods a structural analysis of texts of legislative acts sources and scientific research on ethnic history and legislation containing the norms of Russian legislation, analysis of regulatory legal acts in the field of family policy and family education is used. This allows you to identify, study and interpret data on the nature and content of the values of family education in the structure of family law in different historical periods. The text is addressed to a wide circle of readers interested in the history of their country. It can be used in the preparation of historical and pedagogical works, highlighting the problem of family education and values as its basis. The historical facts contained in the article will be interesting for specialists involved in the development of legislative and regulatory acts governing marriage and family relations.

Sign in / Sign up

Export Citation Format

Share Document