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Comparing family laws

In: Comparative Law

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This chapter examines the intersection of family law, social conservatism, and legal transfers, with a critical focus on the legalization of same-sex marriage regimes. It analyses the paradoxical alliance between neoconservatives and neoliberals in shaping welfare and family law regimes advancing privatization and traditional visions of family law. The political spectrum of same-sex marriage laws around the world is addressed by mapping case law and statutory regimes and considering the political rationales that influence its legalization or prohibition. The layered approach emphasizes the intricate interplay of political, socioeconomic, and cultural factors in shaping family law. The critical narratives underscore the broader societal implications and provide a comprehensive analysis of the complexities of family law from ideological frameworks to colonial legal transfers. The struggle for the legalization of same-sex marriage, once contextualized beyond the West, shows how a critical legal practice points towards more flexible and egalitarian legal regimes including de facto or common law marriages for same-sex couples.

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  • ., 2024. "Comparing family laws," Chapters, in: Comparative Law, chapter 6, pages 119-140, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:22464_6
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    File URL: https://www.elgaronline.com/doi/10.4337/9781035314942.00012
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    Law - Academic;

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