Marriage and Divorce in a Multi-Cultural Context
Multi-Tiered Marriage and the Boundaries of Civil Law and Religion

This book examines whether more pluralism in family law is normatively desirable and should be affirmatively fostered.

Joel A. Nichols (Edited by)

9780521194754, Cambridge University Press

Hardback, published 31 October 2011

418 pages, 1 b/w illus.
22.9 x 15.2 x 2.4 cm, 0.7 kg

'Balance and addressing both sides of the argument is a feature of the volume on the whole. Reading the chapters in succession, it is striking how often one's own questions or doubts about a particular perspective are picked up and addressed by a subsequent chapter. An even handed and measured tone strengthens the force of the individual arguments and contributes to the overall effectiveness of this important and stimulating conversation, where the participants are not only making their own views heard but also listening and seeking to respond to those of others.' The Cambridge Law Journal

American family law makes two key assumptions: first, that the civil state possesses sole authority over marriage and divorce; and second, that the civil law may contain only one regulatory regime for such matters. These assumptions run counter to the multicultural and religiously plural nature of our society. This book elaborates how those assumptions are descriptively incorrect, and it begins an important conversation about whether more pluralism in family law is normatively desirable. For example, may couples rely upon religious tribunals (Jewish, Muslim, or otherwise) to decide family law disputes? May couples opt into stricter divorce rules, either through premarital contracts or 'covenant marriages'? How should the state respond? Intentionally interdisciplinary and international in scope, this volume contains contributions from fourteen leading scholars. The authors address the provocative question of whether the state must consider sharing its jurisdictional authority with other groups in family law.

1. Multi-tiered marriage: reconsidering the boundaries of civil law and religion Joel A. Nichols
2. Pluralism and decentralization in marriage regulation Brian H. Bix
3. Marriage and the law: time for a divorce? Stephen B. Presser
4. Unofficial family law Ann Laquer Estin
5. Covenant marriage laws: a model for compromise Katherine Shaw Spaht
6. New York's regulation of Jewish marriage: covenant, contract, or statute? Michael J. Broyde
7. Political liberalism, Islamic family law, and family law pluralism Mohammad H. Fadel
8. Multi-tiered marriages in South Africa Johan D. van der Vyver
9. Ancient and modern boundary crossings between personal laws and civil law in composite India Werner Menski
10. The perils of privatized marriage Robin Fretwell Wilson
11. Canadian conjugal mosaic: from multiculturalism to multi-conjugalism? Daniel Cere
12. Marriage pluralism in the United States: on civil and religious jurisdiction and the demands of equal citizenship Linda C. McClain
13. Faith in law? Diffusing tensions between diversity and equality Ayelet Shachar
14. The frontiers of marital pluralism: an afterword John Witte, Jr and Joel A. Nichols.

Subject Areas: Family & relationships [VFV], Family law: marriage & divorce [LNMB], Family law [LNM], Law [L], Sociology [JHB], Religion: general [HRA]