You and Me Against the World: Marriage and Divorce from Creditors' Perspective, in Reconceiving the Family: Critique on the American Law Institute's Principles of the Law of Family Dissolution

2006 ◽  
Author(s):  
Marie T. Reilly
Keyword(s):  
Family Dissolution ◽  
Marriage And Divorce ◽  
The Family ◽  
The World ◽  
American Law ◽  
The Law

scholarly journals “Hopeful Gradualness” and Ecclesial Mission

Lumen et Vita ◽  
2015 ◽  
Vol 5 ◽  
Author(s):  
Lucas Briola
Keyword(s):  
Jesus Christ ◽  
Precise Meaning ◽  
Humanae Vitae ◽  
The Family ◽  
The World ◽  
The Law ◽  
The Cross ◽  
The Church

On October 13, 2014, the remarkable midterm Relatio post Disceptationem of the 2014 Synod on the Family invoked the legge di gradualità on four occasions. This “law of gradualness” would later be dropped from the final Relatio Synodi, though inarguably its vestiges remained. Simultaneously the locus of disappointment, apprehension, and excitement, the term’s precise meaning remained and continues to remain unclear. Taking the principle to be what Ladislas Orsy would term a “seminal locution” and thus in need of further explication, this paper will examine the law of gradualness through a diachronic lens. It will trace the term’s evolution from its initial emergence around Humanae vitae during the late 1960s and early 1970s, to its reserved acceptance into ecclesiastical parlance in the 1980 Synod on the Family and Familiaris Consortio, to its unique use this past October at the 2014 Synod. It is the contention of this paper that the 2014 Synod marked a new expansion of the term, away from its previously primary, if not exclusive, contentious identification with Humanae vitae. Though maintaining many of its previous connotations, seen in light of Francis’s papacy, the law of gradualness has become fundamentally a foundation and spirituality for the church’s mission to the world. Reflecting God’s own pedagogy revealed most clearly in Jesus Christ, the law of gradualness requires an ecclesial lens of hope. It is a hope that a merciful and authentic encounter with people where they actually are can prompt genuine conversion and growth. The church, as sacrament, is dauntingly tasked to imitate this divine logic that balances the acceptance of the Incarnation with the demands of the Cross. Ultimately then, applying gradualness to the church’s own pilgrim life, this is an eschatological hope that likewise stimulates ongoing ecclesial conversion and so enables authentic growth, accompaniment, dialogue, and mission.

scholarly journals DIVORCE REFORM AND FAMILY MEDIATION IN ENGLAND: AN OVERVIEW OF THE RELEVANT PROVISIONS OF THE FAMILY LAW ACT, 1996

2012 ◽  
Vol 17 (2) ◽  
Author(s):  
Nora Abdul Hak ◽  
Norliah Ibrahim
Keyword(s):  
Family Law ◽  
Law Reform ◽  
Family Mediation ◽  
Marriage And Divorce ◽  
New Family ◽  
The Family ◽  
Alternative Means ◽  
The Law ◽  
The Government

The article focuses on the divorce reform in England. In 1996, the Family Law Act was passed by the Parliament in England, which is cited as the Family Law Act, 1996. Unfortunately, after it was passed, there were problems concerning its enforcement and the Government decided to postpone the enforcement of some parts of the Act. Generally, the suspension involves the law concerning the ground of divorce and mediation. Although the overall position of the Act remains uncertain, it is significant to examine it because of its strength in upholding the institution of the family. Under the Act, mediation is introduced as it has many advantages such as resolving disputes amicably and it can reduce backlog of cases in the court. It is hoped that the discussion in this article will benefit Malaysia and hopefully we may learn something from the divorce reform that took place in England. In Malaysia, the current Law Reform (Marriage and Divorce) Act 1976 has been enacted since 1976. Perhaps, we may introduce new family legislation governing non-Muslims and include mediation as an alternative means of resolving family disputes.

scholarly journals Keluarga sebagai Media Pendidikan Tauhid (Telaah Atas Pemikiran Ismail Raji Al-Faruqi dan Lamya Al-Faruqi)

2018 ◽  
Vol 5 (2) ◽  
Author(s):  
Bekti Khudari Lantong
Keyword(s):  
Social System ◽  
Extended Family ◽  
Family Education ◽  
Marriage And Divorce ◽  
Proper Functioning ◽  
Three Generations ◽  
The Family ◽  
Family Living ◽  
The Law ◽  
Human Association

Human association has had a long story which three institutions had struggled to dominate. The first is the family, which has blood and heredity for bases. The characteristic it engenders in humans are innate and immutable. Certainly, family-living engenders in humans other characteristics which are acquired through association. These, however, are not necessary. Members born to one family may successfully be brought up as members of another; but the innate characteristic remain unchanged. The family was declared by God an intrinsic order of creation. “O..Humankind, revere your Lord, Who created you of a single soul and created of it its spouse.. It is of God’s providing that He created of yourselves spouses in whom to find quiescene, and established between you love and compassion…that He generated from you and your spouses your children and grandchildren”. Parents, their children and grandchildren, and the love and compassion relation between them, constitute an immutable pattern of God creation. This is the family in its nuclear and extended forms spanning three generations. Islam not only acknowledges it but has girded it with law. Unlike any other social system, the law of Islam articulated the relations of all members of the extended family in order to insure proper functioning of all of them. Marriage and divorce, legitimacy and dependency, earnings and supports, inheritance, and the members’ mutual rights and duties have been detailed by the shari’ah.Keywords: Family, Education, Tauhid (Belief in One Supreme God) 

scholarly journals Intellectual Disability and Parenthood

2005 ◽  
Vol 5 ◽  
pp. 50-57 ◽  
Author(s):  
Isack Kandel ◽  
Mohammed Morad ◽  
Gideon Vardi ◽  
Joav Merrick
Keyword(s):  
Intellectual Disability ◽  
Community Care ◽  
Institutional Care ◽  
Jewish Law ◽  
Parental Neglect ◽  
The Family ◽  
The World ◽  
American Law ◽  
Training And Support ◽  
Welfare Agencies

Parenthood in persons with intellectual disability (ID) is an issue of concern for the family, guardians, and professionals as there are many sentiments and problems involved: financial, technical, medical, legal, and above all moral. People with intellectual, developmental, or other disabilities have feelings, want relationships, and are able to have children also. The attitude of society has changed through time from the early eugenic concern with heredity and fertility, to a focus on the risk to the children due to parental neglect or abuse, to acceptance and a search for solutions to parental training and support. This change can be seen as a result of a shift from institutional care to community care and normalization. This paper reviews available research, prevalence, service issues, experience from around the world, and relates to the situation in Israel. Jewish Law has been very progressive regarding the possibility of marriage between persons with ID (in contrast to American Law where historically this right has been denied, until recently). Recent research has shown that, in the case of such a union resulting in children, although they requiresomesupervision, family, friends, and social welfare agencies have scrutinized these families so much they are in constant fear of their child being taken away. There is little information on the number of such cases and an overall dearth of information on the effects on the children, although one recent study from the U.K. has shown a varied picture of resilience and a close, warm relationship later on with the family and especially the mother.

scholarly journals THE AMENDMENT TO THE LAW REFORM (MARRIAGE AND DIVORCE) ACT 1976: RECONCILING THE IRRECONCILABLE

2021 ◽  
Vol 29 ((S1)) ◽  
pp. 1-15
Author(s):  
Najibah Mohd Zin ◽  
Nora Abdul Hak ◽  
Abdul Ghafur Hamid @ Khin Maung Sein ◽  
Hidayati Mohamed Jani
Keyword(s):  
Family Relationship ◽  
Legal Framework ◽  
Law Reform ◽  
Marriage And Divorce ◽  
The Family ◽  
Islamic Jurisprudence ◽  
The Subject ◽  
Legal Arguments ◽  
The Law ◽  
The Impact

This article examines the ramifications of the recent amendment to the Law Reform (Marriage and Divorce) Act 1976 (Act 164) in protecting the wellbeing of the family relationship involving interfaith marriage and other legal issues governing non-Muslim families. The amendment witnessed substantial reforms to section 51 of Act 164 pertaining to the divorce on the ground of conversion, increasing the age limit for child maintenance and adopting more flexible principles in dividing matrimonial assets. However, the focus will be on the impact of the amendment to section 51 of Act 164 due to its significant in changing the landscape of legal arguments pertaining to jurisdiction of the court in dealing with the subject matter in dispute, ranging from the divorce and other intense arguments pertaining to maintenance of wife, child custody and religious status of children. The study adopts qualitative study in elucidating relevant documents that comprised of statutory laws, articles in legal journals and decided cases where arguments leading to the need for the reform of those affected issues were well addressed.  Certain aspects of Islamic jurisprudence will be referred to and analysed in searching for authoritative and practical legal arguments within the existing legal framework.  Harmonisation of law is adopted whenever applicable when dealing with the resolution of conflict of laws.  It is hoped that this study will provide constructive argument and invaluable source of reference for the Malaysian civil court in disposing of interfaith family disputes when the law is fully enforced.

Buried Narratives: Exhuming the Mother's Story in Oliver Twist

2018 ◽  
Vol 8 (3) ◽  
pp. 247-266
Author(s):  
Michelle L. Wilson
Keyword(s):  
Social Change ◽  
Maternal Inheritance ◽  
The Novel ◽  
Poor Law ◽  
The Family ◽  
The Law ◽  
First Time ◽  
Critical Consideration

Initially, Oliver Twist (1839) might seem representative of the archetypal male social plot, following an orphan and finding him a place by discovering the father and settling the boy within his inheritance. But Agnes Fleming haunts this narrative, undoing its neat, linear transmission. This reconsideration of maternal inheritance and plot in the novel occurs against the backdrop of legal and social change. I extend the critical consideration of the novel's relationship to the New Poor Law by thinking about its reflection on the bastardy clauses. And here, of course, is where the mother enters. Under the bastardy clauses, the responsibility for economic maintenance of bastard children was, for the first time, legally assigned to the mother, relieving the father of any and all obligation. Oliver Twist manages to critique the bastardy clauses for their release of the father, while simultaneously embracing the placement of the mother at the head of the family line. Both Oliver and the novel thus suggest that it is the mother's story that matters, her name through which we find our own. And by containing both plots – that of the father and the mother – Oliver Twist reveals the violence implicit in traditional modes of inheritance in the novel and under the law.

The New Terrain of International Law

2014 ◽  
Author(s):  
Karen J. Alter
Keyword(s):  
International Law ◽  
Case Studies ◽  
Domestic Politics ◽  
Political Influence ◽  
The Political ◽  
International Courts ◽  
Constitutional Review ◽  
Delegation Of Authority ◽  
The World ◽  
The Law

In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. This book charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The book presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, the book argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. The book explains how this limited power—the power to speak the law—translates into political influence, and it considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

Sign in / Sign up

Export Citation Format

Share Document