Normativity and Diversity in Family Law: Lessons from Comparative Law

This volume examines claims based on cultural tradition, ethnic background, custom, religious affiliation, and sexual orientation, as well as other unrecognized claims, in 15 jurisdictions worldwide. It investigates whether these claims challenge family law and how they are managed, focusing on the interaction between minority-related and diversity-related issues and the state as the addressee. The reports identify specific instances and situations that have proven difficult to resolve, requiring decision-makers to balance different interests.

Format: Hardback
Length: 377 pages
Publication date: 22 November 2021
Publisher: Springer Nature Switzerland AG

This comprehensive volume delves into the intricate realm of family law, exploring a wide range of claims based on cultural tradition, ethnic background, custom, religious affiliation, and sexual orientation, as well as various other unofficially recognized "claims" across 15 jurisdictions worldwide. The primary objective of these country reports is to assess whether these claims pose a challenge to the traditional understanding of family law as established by state laws, and if so, how these challenges are being addressed. The central focus lies in examining the interplay between minority-related and diversity-related issues and the state as the recipient of these demands for accommodation. The reports identify specific instances and situations that have proven particularly challenging to resolve, necessitating decision-makers to navigate a delicate balancing act between diverse and often conflicting interests.

Introduction:
Family law plays a pivotal role in shaping the legal and social dynamics of societies, encompassing a wide range of issues related to marriage, divorce, custody, adoption, and inheritance. However, the scope of family law extends beyond state-defined legal frameworks, as individuals and communities may assert claims based on cultural traditions, ethnic backgrounds, customs, religious affiliations, and sexual orientations. These "claims" may not always be officially recognized in state law, leading to complexities and challenges in their resolution.

Country Reports:
The volume includes country reports from various jurisdictions around the world, each providing insights into the legal landscape and practices related to claims based on cultural tradition, ethnic background, custom, religious affiliation, and sexual orientation. These reports shed light on the specific instances and situations that have proven particularly difficult to resolve, highlighting the challenges faced by decision-makers in these jurisdictions.

Challenges:
One of the primary challenges arises from the intersection of claims and traditions that raise minority-related and diversity-related issues. Decision-makers must navigate a complex web of interests, balancing the demands of different groups and ensuring that the rights and interests of all individuals are protected. This requires a nuanced understanding of cultural and religious sensitivities, as well as a commitment to promoting equality and inclusivity.

State Response:
The state's response to these claims varies across jurisdictions, reflecting the diverse legal and social contexts in which these issues arise. Some states have adopted policies and legislation to accommodate these claims, while others have faced resistance and opposition. The reports explore the various strategies employed by states to address these challenges, including legal reforms, administrative measures, and social interventions.

Conclusion:
In conclusion, this volume provides valuable insights into the complex interplay between claims based on cultural tradition, ethnic background, custom, religious affiliation, and sexual orientation, and the state's response to these claims. It highlights the challenges faced by decision-makers in managing these diverse and often conflicting interests, emphasizing the need for legal frameworks that promote equality, inclusivity, and respect for cultural diversity.

Weight: 716g
Dimension: 160 x 241 x 30 (mm)
ISBN-13: 9783030831059
Edition number: 1st ed. 2022