| Papers [1-15] of 100 :: [Page 1 of 7] | | Go to page : 1 2 3 4 5 6 7 —> | Search results on "FAMILY LAW LEGAL INSTITUTION MARRIAGE": |
|
|
Family Law: The Legal Institution of Marriage, 2005.
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.
1,621 words (approx. 6.5 pages), 14 sources, APA, $ 52.95
»
Click here to show/hide summary
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. "
| |
|
The Social Institution Of Marriage, 2005.
A look at the institution of marriage from several different sociological perspectives.
1,356 words (approx. 5.4 pages), 9 sources, APA, $ 47.95
»
Click here to show/hide summary
Abstract
This paper looks at the institution of marriage. It then outlines the theories of functionalism, symbolic interactionism, and conflict theory, and then defines how each of these theories deals with marriage. Next, the paper looks at the issue of same-sex marriage, and some of the privileges and inequities of social class, age, race and/or gender on the social institution of marriage.
| |
|
The Institution of Marriage, 2006.
A discussion on the decline of marriage as an institution.
1,916 words (approx. 7.7 pages), 14 sources, APA, $ 61.95
»
Click here to show/hide summary
Abstract
This paper claims that marriage, as an institution, in Western and modern societies is on the decline. It explains that one of the central causes of this decline is the increase of secularization. The paper tries to assess the extent of this decline and to establish whether this trend is applicable to all or most modern societies and if this indicates the demise of marriage as an institution.
From the Paper
"Many studies on this topic suggest that the very ideals of marriage are being questioned by many young people today who believe that marriage no longer serves a necessary purpose in society. The institution of the family is also being affected by this questioning and by various arguments which indicate that the conventional structure of the family is socially or culturally relative and not a necessary ideal to strive for. "
| |
|
Natural Law and America's Legal System, 2007.
An analysis of how natural law impacts the legal system in the United States.
1,156 words (approx. 4.6 pages), 5 sources, MLA, $ 39.95
»
Click here to show/hide summary
Abstract
This paper presents an examination of how natural law impacts the American legal system. The paper provides a general overview of natural law and then explores how natural law applies to the current legal system in the United States. It argues that the natural law helps to drive the current system and describes how this is true.
Table of Contents:
Introduction
Natural Law
Natural Law and the American Legal System
Conclusion
From the Paper
"Natural law in its most simple form, is the unwritten law of mankind. It is a concept of principle morals and values that are, or at least should be shared by all of mankind because of the central goodness of their concept. (Horowitz, 2000)"
"Natural law is therefore distinguished from -- and provides a standard for -- positive law, the formal legal enactments of a particular society (Dolhenty, 2004)."
One example of this is the belief that killing is wrong. There are few humans or societies on earth that would disagree with the basic tenet that the murder of another person without reason is wrong. (Green, 2005) It takes a loved one from a family, it removes financial support from children, it takes someone out of society that may have moved on to contribute great things and if one is Christian, then the act of murder is something that God does not allow. It is not up to man to determine who lives or dies, it is God's choice and to kill is to try and play God."
| |
|
Natural Law vs. Legal Positivism, 2006.
An argument that natural law is superior to legal positivism.
1,350 words (approx. 5.4 pages), 4 sources, $ 53.95
»
Click here to show/hide summary
Abstract
In an increasingly secular world natural law has frequently fallen under intense scrutiny. This paper, however, argues that natural law is superior to legal positivism and stands up well to three common criticism leveled against it; first that natural law is at least as subjective as any statute passed by legal positivists, second that natural law can impress a certain more absolutism and dogmatism upon the crafting and interpretation of the law which is inherently unhealthy in evolving societies, and thirdly that natural law is predicated upon faith and not upon reason as is the positive law tradition.
| |
|
Legal Theory and Institutions, 2005.
Discusses the doctrine of judicial precedent in the process of adjudication and legal reform in the legal system of England and Wales.
1,912 words (approx. 7.6 pages), 9 sources, MLA, $ 61.95
»
Click here to show/hide summary
Abstract
This paper looks at the doctrine of judicial precedent in the process of adjudication and legal reform in the legal system in England and Wales. Judicial precedent is an important element of the Western legal system, but it is not in continental civil law systems. In particular, it discusses how the judiciary has received much criticism in the procedure of precedent.
From the Paper
"The historical power struggle began in the 17th century between the legislature and the Crown (Stuart Monarchy) and ended with Parliament becoming an independent in the power of making law in the name of the Crown. Nowadays, the ultimate power of making new law lies with the primary legislature (Parliament). Parliament has the capability of authorising and altering laws and as Parliament is an elected house, the power is given through democracy, but this is not so in the House of Lords because they are not an elected chamber. The House of Lords has received proposals for reform and those proposals are to modify the traditional form of the Life Peerages Act 1958 and the Peerage Act 1963. "
| |
|
Law-Legal Briefs, 2007.
An application of Articles 35 and 20 of New York's Penal Law in relation to Popye, Olive Oyl and Bluto.
1,253 words (approx. 5.0 pages), 2 sources, MLA, $ 42.95
»
Click here to show/hide summary
Abstract
This paper reviews Articles 35 and 20 of New York's Penal Law. The paper applies these two articles to the case of Popye and Olive Oyl. According to the paper, Popye tries to defend Olive Oyl's honor by trying to beat up Bluto, who gets the upper hand. The paper goes on to say that Olive Oyl then kills Bluto in order to save Popye's life.
With this in mind, this paper will answer various related questions in an effort to better understand these laws and how they apply in theoretical, and actual cases.
Outline:
Abstract/Scenario
Olive's Most Serious Crimes from the Viewpoint of a Juror
Availability of Justification Defense Under Article 35 of New York Penal Law
Implications Under Article 20 of New York Penal Law
Legal Precedence
Summary
From the Paper
"Preceding all of the actions that began with Popeye and Bluto's physical fight and climaxing in the death of Bluto at the hands of Olive, under Code 20, lies the Duty of Retreat, which holds that when there was a possibility for a verbal argument to escalate into physical fight, Popeye had the obligation to remove himself from the situation, as did Olive. When neither elected to do so, however, there was a violation of the New York Penal Code, leading to the consideration of their guilt or innocence."
| |
|
Discrimination Law: Women and their Legal Rights, 2005.
An analysis into the legal make-up of women and their rights in today's equality driven society.
3,293 words (approx. 13.2 pages), 15 sources, MLA, $ 94.95
»
Click here to show/hide summary
Abstract
This paper provides a study into the different areas of discrimination law affecting inequality amongst women. It considers whether equality really exists and what still needs to be done to ensure women are more accurately represented in today's society.
From the Paper
"Anti-discrimination legislation has been enacted in an attempt to eradicate the prevalent inequalities within the world of work. The law has developed two separate and distinct routes with respect to equality. One route expounds the equal treatment of men and women, a concept key to the liberal feminists; and the other is a specific rights based route which relates directly to pregnancy cases, which will be discussed further below. This latter is what the maternal feminists of the early nineteenth century would have chosen; that the law should accommodate the differences between men and women, with particular reference to women as mothers. The claim is that where women deviate from the male norm, the law should acknowledge this."
| |
|
Effectiveness of Treatment Within Legally Constrained Institutional and Community Environments, 2001.
This paper analyzes and evaluates the effectiveness of correctional institutions and community programs.
1,580 words (approx. 6.3 pages), 2 sources, $ 51.95
»
Click here to show/hide summary
Abstract
The following paper discusses theories of criminal punishment and examines the advantages and disadvantages of incapacitation. The advantages and disadvantages of community programs are also reviewed and crime prevention strategies that work, do not work, and that are promising are also discussed. Finally, this paper concludes with a proposal to improve the effectiveness of incapacitation and community programs.
From the paper:
?Supporters of deterrence believe that if punishment is imposed upon a person who has committed a crime, the pain inflicted will dissuade the offender (specific deterrence) and others (general deterrence) from either repeating the crime or from committing similar crimes. Incapacitation deprives offenders of the ability or opportunity to commit further crimes that harm society. Rehabilitation seeks to prevent future criminal behavior by providing offenders with the education and treatment necessary to eliminate criminal tendencies, as well as the skills to become productive members of society.?
| |
|
Morality within Law and Legal Philosophies, 2002.
Discusses the naturalist versus the positive theorist philosophies.
1,650 words (approx. 6.6 pages), 4 sources, $ 62.95
»
Click here to show/hide summary
Abstract
This paper shall compare the philosophies found in the naturalist perspective against those of the positivist theorist philosophies. This paper shall achieve this through focusing primarily on the beliefs of the philosophers St. Thomas Aquinas, Ronald Dworkin and H.L.A. Hart.
| |
|
The Legalization of Gay Marriage in the United States The Legalization of Gay Marriage in the United States, 2006.
A discussion regarding the controversial issue of same sex marriage in the USA.
1,125 words (approx. 4.5 pages), 0 sources, $ 44.95
»
Click here to show/hide summary
Abstract
This paper discusses the long debated issue of gay marriage in the United States. This paper reports how proponents of the issue contend that same sex marriage is not about gay rights but about human rights. It further discusses how these individuals believe that gays in modern society have long been subjected to inequalities and a lack of support from the social order. The opponents of the gay marriage issue refer to a stereotypical framework for gays in general that suggests that gays are evil and dangerous to children.
| |
|
Marriage and Family, 2002.
A look at views towards the changing state of marriage and family in the EU community.
1,464 words (approx. 5.9 pages), 15 sources, MLA, $ 48.95
»
Click here to show/hide summary
Abstract
This paper examines how marriage and family are one of the most important areas of sociology, how society is brought up in a family context and how marriage is a very pervasive social institution. It looks at how, in modern European society, more women are working outside the home and demanding an equal share of the decision-making power in the family. It talks about the changing state of marriage and the family in modern European society and also adds the dark side of it. The aim is to show the reader the rapidly change of family and marriage which has become a very serious social problem and has led European society to crisis.
From the Paper
"Marriage has become increasingly dissociated from parenthood. This has
happened in three main ways: the number of childless couples has been
rising, children are increasingly born outside marriage and the rising rate
of divorce separate children?s parents (Sociology, 1999:380). The rate of families with dependent children has increased since the beginning of the 1970s (Social Trends, 1996:43) (fig 2). In 1961, 2 per cent of the population lived in households consisting of a lone parent with dependent children, but by 1998 this had increased to 7 per cent."
| |
|
"Marriage and Family in India", 2005.
This paper reviews, chapter by chapter, Kanaiyal Motilal Kapadia's book "Marriage and Family in India".
4,005 words (approx. 16.0 pages), 0 sources, $ 108.95
»
Click here to show/hide summary
Abstract
This paper explains that marriage in India, as described by Kanaiyal Motilal Kapadia in his book "Marriage and Family in India", is reminiscent of Western attitudes in the nineteenth century and earlier when women were generally treated as second class citizens and the property of their husbands to do with as they please. The author relates that Kapadia presents traditional religious values of Islam and Hindu, which are the two main religions in India, as a background for tracing their marriage customs from historic times into the twentieth century. The paper concludes that both Hindu and Moslem marriages, while having their differences, are both patriarchal; wives are second hand citizens, the property of their husbands, and property is unequally distributed in favor of male heirs, continuing the patriarchal pattern. Several long quotes.
From the Paper
"Among Moslem families, cross cousin marriages are also common. In fact, "marriage with a father's brother's daughter is more or less obligatory. It is considered and insult, and in a certain measure an offence, to refuse to accept one's father's brother's daughter in marriage" (P. 135). In families that practice polygyny, the cousin is the husband's principal wife, in order to ensure purity of blood. Like Hindus, the Moslems also practice endogamous rules. Sunnis and Shiahs do not intermarry. "Also among the Sunnis there are various groups--Vohras, tais, etc., which are endogamous. The lower classes are strictly endogamous, and marriage outside a caste means excommunication from the caste. The amount of dowry in both Hindu and Moslem marriages is determined by the social and economic status of the future wife, and the husband."
| |
|
Marriage and Family, 2002.
A three part discussion on the ritual of marriage, having children and bringing them up in Canada.
2,650 words (approx. 10.6 pages), 7 sources, $ 97.95
»
Click here to show/hide summary
Abstract
This paper is a collection of lessons for a Canadian sociology course. The first part of the paper addresses a variety of issues relating to marriage contracts, family law, spousal abuse, and racism in Canadian contexts. The next part of this paper contains the results of a brief summary that describes how three married couples have responded to having a baby, and how a baby has changed their domestic life. In the third section of this paper, the "Sear's attachment parenting" is described with relation to parenting and children's behaviors.
| |
|
Marriage, Divorce and Family in Ancient Israel, 2002.
An analysis of family values in ancient Israel by examination of legal documents and sacred texts.
1,323 words (approx. 5.3 pages), 2 sources, MLA, $ 44.95
»
Click here to show/hide summary
Abstract
This paper looks at the rules and customs of marriage and divorce and the role of women during both biblical times and during the Second Temple period by analysis of various texts such as the Dead Sea Scrolls and Hebrew Bible. After the Babylonian exile, Jews incorporated aspects of family life of several neighboring groups into their own practices. In particular, it examines how women were continually discriminated against and although they had their own rights, they were continually under the authority of men.
From the Paper
"The prophetic message of marriage offers a much different view of marriage than that of Deuteronomy and Sirach. In Malachi 2:10-16 Judah is said to have married the daughter of a foreign God. Some scholars find this passage to be symbolic criticism of idolatry and others state the passage refers to the marriage of foreign women. In the passage Collins refers to Westbrook, who argues that the passage in Malachi refers to divorce without justification: ?The criticism is not of divorce as such, but for ?hate? where the husband follows his own inclination and the wife has done nothing to deserve such a fate.? This challenges the earlier idea in Deuteronomy 24 that any aversion was grounds for a husband to divorce his wife. This is an important shift from rules meant to protect and favor those in power to an idea of justice in a relationship."
|
|
|
