By Joel A. Nichols
American relations legislations makes key assumptions: first, that the civil nation possesses sole authority over marriage and divorce; and moment, that the civil legislation could comprise just one regulatory regime for such issues. those assumptions run counter to the multicultural and religiously plural nature of our society. also they are mistaken. This ebook elaborates how these assumptions are descriptively improper, and it starts a big dialog approximately no matter if extra pluralism in family members legislations is normatively fascinating. for instance, may possibly depend upon non secular tribunals (Jewish, Muslim, or another way) to make your mind up family members legislations disputes? might decide into stricter divorce ideas, both via premarital contracts or "covenant marriages?" How may still the country reply while purport to do this stuff? deliberately interdisciplinary and overseas in scope, this quantity comprises contributions from fourteen top students. The authors deal with the provocative query of no matter if the nation needs to think of sharing its jurisdictional authority with different teams in kinfolk legislations.
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Additional info for Marriage and Divorce in a Multicultural Context: Multi-Tiered Marriage and the Boundaries of Civil Law and Religion
Although these laws are often hailed as the nation’s first two-tiered laws, it appears that New York laid the groundwork fourteen years before Louisiana by passing state statutes regulating Jewish divorce in 1983. 49 These laws provide state-sanctioned, voluntary, and alternate forms of marriage that differ from the typical easy-entry marriage and no-fault divorce regime. Couples entering covenant marriages thus have heightened entrance requirements and more limited possibilities for exit. The theory behind such laws is that premarital counseling, combined with an advance commitment to efforts to make the marriage “work” in the face of difficult circumstances because covenant marriages are harder to exit, will lead to stronger marriages.
Alternatively, to refer to systems that have more than one possibility of marriage and divorce within their civil law (such as that of New York or Louisiana). 16 This volume strongly contends that accounts of exclusive state jurisdiction and a one-size-fits-all model are descriptively incorrect and simply do not accord with history, current practice, comparative law, or the lived experience of many individuals. More than that, though, the book seeks to begin a conversation about whether, normatively, more pluralism in family law is desirable and should be affirmatively fosteredÂ€– and, if so, under what conditions and qualifications.
53 Katherine Shaw Spaht, “The Modern American Covenant Marriage Movement: Its Origins and Its Future,” in Comparative Perspective, 243. See also discussion in John Witte Jr. and Joel A. Nichols, “More than a Mere Contract: Marriage as Contract and Covenant in Law and Theology,” University of St. Thomas Law Journal 5 (2008): 595–615. There is some limited empirical evidence that covenant marriage laws appear to bring benefits to those married in them. , Covenant Marriage, 98–140. 51 La. Rev. Stat.