This paper looks at the most prominent and important aspect of family law and concentrates on the domestic realm.
Analytical Essay # 102168 |
1,314 words (
approx. 5.3 pages ) |
1 source |
APA | 2008
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Abstract
In this article, the writer expands on the belief that the most dominating aspect of family law is that it pertains to the domestic sphere. Further, the writer examines the repercussions of this domestic aspect of family law. The writer notes that one can see that the dominant aspect of Canadian family law with regard to both divorce and common law couples has changed. Moreover, this was also the dominant aspect with regard to the very nature of families, in that same-sex relationships have been legitimized to the full extent of the law. The writer points out that the last-mentioned change is certainly the most dramatic, setting Canada ahead of social trends in most countries, and illustrating perhaps most clearly of all how much Canadian family law has changed.
From the Paper
"Another aspect of family law that has been dominated by change has been the important sphere of divorce law. Boyd points out that at the beginning of the 20th century, people rarely divorced. However, a century later, divorce has become common-place. In fact, in many Canadian class rooms, there are more children from "broken" families than from intact families. As the century progressed, people became more willing to break their marriage vows and start over. Also, as divorce become more and more commonplace, people began to feel less guilt and failure about getting a divorce. Moreover, it is now a more secular time, and many people simply do not take their church vows as seriously. Canadian family law seems to have recognized this softening of social attitudes towards divorce, because it has made a series of changes to divorce law. Perhaps the most salient change has been that it has become much easier to obtain a divorce, particularly with the introduction of the concept of so-called "no-fault" divorce."
Tags:marriage, relations, couples, change
Review of Margrit Eichler's article "The Limits of Family Law Reform or, The Privatization of Female and Child Poverty."
Analytical Essay # 139921 |
750 words (
approx. 3 pages ) |
1 source |
MLA |
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$ 16.95
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Abstract
This paper reviews and analyzes Margrit Eichler's article "The Limits of Family Law Reform or, The Privatization of Female and Child Poverty," which discusses the linkage between the child and female poverty and the divorce law in Canada. According to the paper, the article places a particular focus on the capacity of family law to effectively address the "feminization of poverty." Eichler argues, with reference to an analysis of historical models of the family and potential solutions to the problem of poverty as a consequence of marital breakdown, that while family law reform is important to advance egalitarianism in society, we must recognize the limitations of family law which cannot truly remedy the prevalence of poverty among women and children.
From the Paper
"Margrit Eichler, in her article "The Limits of Family Law Reform or, The Privatization of Female and Child Poverty," discusses the linkage between the child and female poverty and the divorce law in Canada (circa 1991), with a particular focus on the capacity of family law to effectively address the "feminization of poverty." Eichler argues, with reference to an analysis of historical models of the family and potential solutions to the problem of poverty as a consequence of marital breakdown, that while family law reform is important to advance egalitarianism in society, we..."
Tags:law, women, family
An analysis of when arbitration may be useful in family law disputes.
Research Paper # 115045 |
4,043 words (
approx. 16.2 pages ) |
20 sources |
MLA | 2009
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$ 65.95
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Abstract
This paper addresses the issue of arbitration in the family law sphere. It purports to determine when and how arbitration should be used in the family law scheme. The paper also considers whether it is advisable to utilize arbitration in family law scenarios. A number of scenraios are presented concerning when it is advisable to utilize arbitration in family law disputes. The paper contains figures and copies of original sources.
Table of Contents:
Introduction
Arbitration
Depends On...
Mediation
Compared to Going to Court...
Challenges in Arbitration
Considerations
The Issue of Arbitration in Family Law
Family Law
What the American Family Needs?
Custody and Support
Divorce
Arbitration's Flexibility
Michigan Supreme Court
When Disputing Parties "Click"
Conclusion
Like an Hourglass...
From the Paper
"Today, some disputing parties may now begin to find that a resolution is only a click away. Not only can online mediation or arbitration offer physical distance that may be needed to help settle emotional disputes between parties who cannot even bear to look at each other; it may also contribute to decreasing arbitration costs. Robert Ketcham, a Maryland mediator who lives in Easton, Md., of Lifebridge Mediation Services, hosted a dispute resolutions where estranged family members logged on to an online conference from separate locations. From another location, a mediator monitored the two parties' exchanges and then listened to feedback from ach family member."
Tags:mediation, resolution, FAA, judge
Family Law: The Legal Institution of Marriage
A discussion on whether the legal institution of marriage remains fundamentally important in family law, or whether the law is now based upon a wider concept of family.
Essay # 66184 |
1,621 words (
approx. 6.5 pages ) |
14 sources |
APA | 2005
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$ 31.95
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Abstract
Different forms and definitions of family may have found greater acceptance in modern society but marriage still stands as the supreme form of family relations. This essay discusses how the concept of family has evolved over time, from the formalist conception to the subjective approach and how cohabitation is increasingly undermining the traditional concept of the family.
Outline
Introduction
Marriage and the Law
What Makes Marriage Special under the Law?
Privileges of Marriage
Conclusion
From the Paper
"Unlike mere cohabitation and other forms living arrangements, marriage provides greater security. As soon as the marriage takes places, operations of law automatically applies to the couple, thus, affording both parties and their children greater protection. "The current law affecting cohabitation fails to provide people with adequate protection, particularly on relationship breakdown." Children of married couples enjoy more security as the Court can order the re-distribution of finances of couples in cases of divorce, based on the doctrine of equitable contributions set out in the case of Midlandbank v Cooke (1995). Under the Matrimonial Causes Act 1973, the Court can assess maintenance payments and adjust spouses' interest in property. "
Tags:cohabitation, children, security, spouse
An analysis of adoption and family law according to Kansas statutes and cases.
Analytical Essay # 62384 |
2,068 words (
approx. 8.3 pages ) |
6 sources |
MLA | 2004
|
$ 39.95
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Abstract
This paper explores the Kansas statutes related to adoption so as to comprehensively understand the legal procedures and the application of rules and regulations, which the State of Kansas applies to various situations. The paper contends that it is about time that the policy makers realize that the state government cannot serve the adoption clients nor can the certified agents of the adoption agency hope to provide superior services to their clients, unless they institute separate principles for service to each stakeholder of the adoption process - the birth parents, the adopting parents and the adopted child.
Outline
Introduction
Review of Literature
Basic Statutes of Adoption in Kansas
Current Trends in the Kansas Adoption Procedures
Conclusion
From the Paper
"The study of adoption is very important as it influences millions of lives in the United States, who are an element of the adoption process. For instance, the birth parents who put their children for adoption; the children who are adopted; and the parents who adopt children. It is also believed that adoption influences approximately 3% of Americans who initially think of adoption but later on decide against it. For instance, Allen P. Fisher (2003) writes, "Adoption is certainly a very common occurrence in the United States and in much of the world today. No official and complete counts of adoptions exist, but estimates are that about 4% of Americans are adopted; about half of these have been adopted by persons not related to them by birth ." Allen goes on to write, "A recent national survey of 1416 Americans found that nearly two thirds of the respondents (64%) had a personal experience with adoption, meaning that someone in their family or among their close friends had been adopted, had adopted a child, or had placed a child for adoption (Allen P. Fisher 2003)." "
Tags:biological, foster, agencies
A discussion regarding the Islamic law of wet nurse and infant, and the role of the biological mother in such a situation.
Essay # 90780 |
2,475 words (
approx. 9.9 pages ) |
10 sources |
2006
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$ 45.95
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This paper examines Islamic precepts which allow nursing relations between a child and a wet nurse to be treated similarly to blood relations. The paper explores the historical roots of this curious situation as well as the impact of this feature of traditional Islamic law upon relations between the wet nurse and the child, between married couples and between the biological mother and her child. The paper further discusses the negative impact of such a law upon biological mothers. The paper concludes by noting how this curious feature of Islam can be interpreted as revealing much about the status of Muslim women as well as the advantageous status of Muslim men.
Tags:family, law, nursing
A look at the history of divorce law in Canada, using the case of Ben and Kate as an example.
Case Study # 131336 |
1,000 words (
approx. 4 pages ) |
3 sources |
MLA |
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$ 21.95
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Abstract
This paper explores the legal ramifications arising from the decision of a rural couple to terminate their 17-year old marriage. Their case is used as a springboard for further exploring the history of divorce law in Canada and how it has evolved to benefit women. Additionally, the paper also details at length why Kate can reasonably expect to gain access to half of the marital assets - including Ben's pension plan. In the final analysis, the paper argues that Kate - because she has toiled for 17 years as a stay-at-home mom and because of her value to Ben in doing the domestic chores and in assisting whenever necessary on the farm - should be treated equally under the law.
From the Paper
"The following brief paper will explore the legal ramifications arising from the decision of a rural couple to terminate their 17-year old marriage. The paper looks at the history of divorce law in Canada and how it has evolved to benefit women; the paper also details at length why Kate can reasonably expect to gain access to half of the marital assets - including Ben's pension plan. In the final analysis, the paper argues that Kate - because she has toiled for 17 years as a stay-at-home mom and because of her value to Ben in doing the domestic chores and in assisting whenever necessary on the farm - should be treated equally under the law."
Tags:divorce, matrimonial, assets
Presents a hypothetical law case to determine the rights of custody when the child is not biologically related to the parents.
Term Paper # 54508 |
1,776 words (
approx. 7.1 pages ) |
1 source |
APA | 2004
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$ 34.95
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This paper discusses a hypothetical custodial and child support-related case (Smith vs. Smith), in which the father is suing for child support payments from his ex-partner, despite the fact that neither is the child's biological parent. The paper essentially discusses the issue of child custody when reproductive technology is used and the extent of responsibility by the parties involved.
From the Paper
"Still, child support modification cases have increasingly stressed appropriateness of situation, in lieu of traditional family structures, such as Graham v. Graham (Court of Appeals of the District of Columbia, 1991, Areen 822-825). This case stressed how cohabitation and remarriage should not necessarily be a factor in deciding fitness, unless these issues adversely affect the life of the child, as well as the fact that states are taking a more active role in ensuring that individuals continue to take an active financial and personal life in the lives of their child, even subsequent to a divorce. This goes even so far as to suspend driver's licenses for individuals who shirk appropriate court-ordered support payments, as in State Department of Revenue v. Beans (Supreme Court of Alaska, 1998, Areen 853-856)."
Tags:divorce, conception, sperm, donor, Family, Support, Act
This paper discusses the Hanafi school of law as the basis of Islamic Family Law.
Essay # 73630 |
2,025 words (
approx. 8.1 pages ) |
7 sources |
MLA | 2004
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$ 38.95
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The paper explains the Hanafi school of law and how its creation is the basis for Islamic family law. The paper discusses the central philosophy of the Hanafi school and Islamic law and examines the changes in the law due to modern legislation.
From the Paper
"Hanafi Law founded in eighth-century Iraq by students of Abu Hanifa focused on the Koranic foundations of public and private interrelationships and how those relationships should be regulated. The central philosophy of the Hanafi school was that human reason should be used to interpret the word of God and Hanafi writings drew their authority from the opinions of Islamic jurists as well as from varied local practice, thereby forming the basis for an incipient legal code."
Tags:Islam, marriage, Hanafi school, Pakistan, Ottoman
An examination of the Ontario government's decision to not use religious law as a basis for family law arbitration.
Essay # 86850 |
900 words (
approx. 3.6 pages ) |
2 sources |
2005
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$ 19.95
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Abstract
The paper discusses how the province of Ontario was recently the site for a significant struggle between the values of secular and religious cultures when it was proposed that Islamic sharia law join Catholicism and Judaism as a basis for family law arbitration. The paper examines how, in September 2005, the McGuinty government, after a long public debate, decided that neither Islamic sharia nor any other religion would be used as the basis for arbitration under Ontario law.
Tags:religions, culture, society