scholarly journals Study of Family Law Revision in Social Change Period: Japanese Family Law in Japan-China-Taiwan Comparison

일본연구 ◽  
2018 ◽  
Vol null (30) ◽  
pp. 201-225
Author(s):  
Takahashi, Koji
Keyword(s):  
Social Change ◽  
Family Law ◽  
Japanese Family ◽  
Change Period

Cohabitants, Choice, and the Public Interest

2018 ◽  
Author(s):  
Robert Leckey
Keyword(s):  
Social Change ◽  
Public Interest ◽  
Intimate Relationships ◽  
Family Law ◽  
Regulatory System ◽  
Law Reform ◽  
Private Law ◽  
The Public ◽  
System P ◽  
The Face

Through the narrow entry of property disputes between former cohabitants, this chapter aims to clarify thinking on issues crucial to philosophical examination of family law. It refracts big questions—such as what cohabitants should owe one another and the balance between choice and protection—through a legal lens of attention to institutional matters such as the roles of judges and legislatures. Canadian cases on unjust enrichment and English cases quantifying beneficial interests in a jointly owned home are examples. The chapter highlights limits on judicial law reform in the face of social change, both in substance and in the capacity to acknowledge the state's interest in intimate relationships. The chapter relativizes the focus on choice prominent in academic and policy discussions of cohabitation and highlights the character of family law, entwined with the general private law of property and obligations, as a regulatory system.

Family Law and Social Change: Judicial Views of Joint Custody, 1998–2011

2015 ◽  
Vol 40 (03) ◽  
pp. 723-745 ◽  
Author(s):  
Julie E. Artis ◽  
Andrew V. Krebs
Keyword(s):  
Social Change ◽  
Family Life ◽  
Political Party ◽  
Family Law ◽  
Party Affiliation ◽  
Joint Custody ◽  
Lower Court ◽  
Rapid Changes ◽  
Political Party Affiliation ◽  
Depth Interviews

Rapid changes in family life over the last forty years have led to substantial alterations in family law policy; specifically, most states now endorse joint custody arrangements for divorcing families. However, we know little about how lower court judges have embraced or resisted this change. We conducted in‐depth interviews with judges in twenty‐five Indiana jurisdictions in 1998 and 2011. Our findings suggest that judges' views of joint custody dramatically changed. Judges in Wave II indicated a strong preference for joint custody—a theme that was relatively absent in Wave I. The observed change in judicial preferences did not seem to be related to judicial replacement, gender, age, or political party affiliation. Although our conclusions are exploratory, we speculate that shifts in judicial views may be related to changing public mores of parenthood and, relatedly, Indiana's adoption of Parenting Time Guidelines in 2001.

scholarly journals UNREGISTERED MARRIAGE BETWEEN INDONESIAN CITIZENS AND FOREIGN CITIZENS WITH THE LEGAL PERSPECTIVE OF MARRIAGE IN INDONESIA

2020 ◽  
Vol 7 (2) ◽  
pp. 149
Author(s):  
Muhammad Ngizzul Muttaqin
Keyword(s):  
Social Change ◽  
Family Law ◽  
Modern Society ◽  
Foreign Nationals ◽  
Literature Research ◽  
Mixed Marriages ◽  
Legal Problems ◽  
Legal Perspective ◽  
Qualitative Descriptive ◽  
Legal Consequences

The practice of unregistered marriage between Indonesian citizens and foreign nationals always raises legal problems, both the law of marriage and the legal consequences of the marriage. This article aims to provide concrete legal solutions and steps to the practice of unregistered marriage between Indonesian citizens and foreign nationals. This study used literature research with qualitative descriptive methods, through a normative legal approach. The results show that unregistered marriage is a social symptom of modern society which always occurs in the practice of today’s society. Although unregistered marriage is not specifically regulated in the practice of mixed marriages, it often occurs and must be anticipated. The solution is that there are three legal options that can be taken: first, if the person concerned is domiciled in Indonesia and intends to become an Indonesian citizen, then s/he can register the marriage with the employee who registers the marriage and performs the marriage certificate according to the provisions. Second, if the person concerned is living abroad but wants to become an Indonesian citizen, then s/he can take legal steps by registering the marriage and marriage certificate at the Indonesian Embassy. Third, if the person concerned is domiciled and wants to become a resident of a foreign country, then the person concerned must take the legal route that has been determined in that country. Thus, family law in Indonesia can be adaptive and responsive to the dynamics of social change.

Chinese Family Law and Social Change in Historical and Comparative Perspective.

1979 ◽  
Vol 52 (2) ◽  
pp. 334 ◽  
Author(s):  
Elisabeth J. Croll ◽  
David C. Buxbaum
Keyword(s):  
Social Change ◽  
Family Law ◽  
Comparative Perspective ◽  
Chinese Family

Family Law in Italy: Legislative Innovations and Social Change

1978 ◽  
Vol 12 (4) ◽  
pp. 607 ◽  
Author(s):  
Valerio Pocar ◽  
Paola Ronfani
Keyword(s):  
Social Change ◽  
Family Law

scholarly journals RECONSTRUCTION OF ISLAMIC FAMILY LAW IN THE FIELD OF LEGAL INHERITANCE IN RELIGIOUS PLURALISM AND ITS CONTRIBUTION TO NATIONAL LAW (Ijtihad Study Of Judges Of Religious Court On Development Of Inheritance Law In The Compilation Of Islamic Law)

2018 ◽  
Vol 1 (1) ◽  
pp. 121
Author(s):  
Ahmad Khisni
Keyword(s):  
Social Change ◽  
Religious Pluralism ◽  
Islamic Law ◽  
Family Law ◽  
The Other ◽  
Human Values ◽  
Inheritance Law ◽  
Other Hand ◽  
Law Texts ◽  
Legal Discovery

The juridical-theological-philosophical distinction of religion is one of the obstacles of a person to be an heir. On the other hand, empirically-historically-sociologically isnot so, because of the existence of illat or other reasons that allow a person of different religions to gain inheritance from the heirs who are Muslims by considering the factors of justice. It is an act of makrufconstructive ‘wasiatwajibah’ to the relatives in need and oriented towards human values, usefulness and benefit which need to be realized in pluralist society of diverse life. It can contribute to the national law which is the result of ijtihad in the form of development of compilation The Islamic Law texts (tahrij al-ahkam 'alanash al-qanun) as a form of legal discovery with a progressive paradigm in realizing the function of the judiciary that the judiciary is a tool of social change.

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