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Why are women still at a disadvantage in Chinese divorce courts?Despite the increase of gender consciousness in Chinese society and a trove of legislation to protect women, why are Chinese women still disadvantaged in divorce courts? Xin He argues that institutional constraints to which judges are subject, a factor largely ignored by existing literature, play a crucial role. Twisting the divorce law practices are the bureaucratic incentives of courts and their political concerns for social stability. Because of these concerns, judges often choose the most efficient, and safest, way to handle issues in divorce cases. In so doing, they allow the forces of inequality in social, economic, cultural, and political areas to infiltrate their decisions. Divorce requests are delayed; domestic violence is trivialized; and women's child custody is sacrificed. The institutional failure to enforce the laws has become a major obstacle to gender justice.Divorce in China is the only study of Chinese divorce cases based on fieldwork and interviews conducted inside Chinese courtrooms over the course of a decade. With an unusual vantage point, Xin He offers a rare and unfiltered view of the operation of Chinese courts in the authoritarian regime. Through a socio-legal perspective highlighting the richness, sophistication, and cutting-edge nature of the research, Divorce in China is as much an account of Chinese courts in action as a social ethnography of China in the midst of momentous social change.
Divorce --- Law and legislation --- Marriage --- Broken homes --- Divorced people --- Balanced approaches. --- Bargaining Chips. --- Child Custody. --- Chinese Courts. --- Courtroom discourse. --- Cultural biases. --- Divorce law in China. --- Divorce trial process. --- Domestic violence. --- Efficiency concerns. --- Epilogue. --- Gender Inequality. --- Gendered Divorces. --- Highly-contested cases. --- Implications. --- Institutional Constraints. --- Judges' incentives. --- Judicial Decision Making. --- Judicial inaction. --- Judicial power in authoritarian regimes. --- Property division. --- Regular cases. --- Resource disparity. --- Routinized approaches. --- Sex-related issues. --- Stability concerns. --- The Protection Order. --- The bidding process. --- The pragmatic judge. --- Trivialization. --- Judges’ incentives.
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Inside the Castle is a comprehensive social history of twentieth-century family law in the United States. Joanna Grossman and Lawrence Friedman show how vast, oceanic changes in society have reshaped and reconstituted the American family. Women and children have gained rights and powers, and novel forms of family life have emerged. The family has more or less dissolved into a collection of independent individuals with their own wants, desires, and goals. Modern family law, as always, reflects the brute social and cultural facts of family life. The story of family law in the twentieth century is complex. This was the century that said goodbye to common-law marriage and breach-of-promise lawsuits. This was the century, too, of the sexual revolution and women's liberation, of gay rights and cohabitation. Marriage lost its powerful monopoly over legitimate sexual behavior. Couples who lived together without marriage now had certain rights. Gay marriage became legal in a handful of jurisdictions. By the end of the century, no state still prohibited same-sex behavior. Children in many states could legally have two mothers or two fathers. No-fault divorce became cheap and easy. And illegitimacy lost most of its social and legal stigma. These changes were not smooth or linear--all met with resistance and provoked a certain amount of backlash. Families took many forms, some of them new and different, and though buffeted by the winds of change, the family persisted as a central institution in society. Inside the Castle tells the story of that institution, exploring the ways in which law tried to penetrate and control this most mysterious realm of personal life.
Children --- Parent and child (Law) --- Marriage law --- Domestic relations --- Childhood --- Kids (Children) --- Pedology (Child study) --- Youngsters --- Age groups --- Families --- Life cycle, Human --- Guardian and ward --- Paternity --- Law, Marriage --- Marriage --- Sex and law --- Husband and wife --- Family law --- Persons (Law) --- Legal status, laws, etc. --- History --- Law and legislation --- Prohibited degrees --- United States --- Social conditions --- American family. --- American marriage. --- Supreme Court. --- adopted children. --- adoption law. --- adoption. --- alienation. --- annulment. --- biological parenthood. --- causes of action. --- child support. --- children's rights. --- children. --- civil protection. --- cohabitation. --- common-law marriage. --- criminal conversation. --- cross-racial adoption. --- custody disputes. --- custody. --- dead hand. --- decline. --- divorce negotiation. --- divorce on demand. --- divorce. --- doctrine. --- domestic violence. --- economic consequences. --- economic rights. --- elder abuse. --- elder law. --- eugenics. --- expressive individualism. --- family breakdown. --- family law. --- family life. --- fault-based divorce. --- gay families. --- gay marriage. --- gay rights. --- identity formation. --- illegitimacy. --- individualism. --- informal marriage. --- inheritance. --- interstate marriage. --- legal changes. --- legal parentage. --- legal revolution. --- legal separations. --- legitimacy. --- lesbian families. --- marital freedom. --- marital rape. --- marriage regulation. --- marriage restrictions. --- marriage. --- married couples. --- minor children. --- money. --- no-fault divorce. --- parentage. --- parental authority. --- parenthood. --- privacy. --- promise of marriage. --- property division. --- racism. --- reproductive technology. --- right of privacy. --- same-sex marriage. --- same-sex relationships. --- seduction. --- separations. --- sexual behavior. --- sexual freedom. --- sexual intercourse. --- sexual mores. --- sexual revolution. --- social factors. --- social institutions. --- social meaning. --- social revolution. --- spousal support. --- state marriage regulation. --- succession. --- support awards. --- traditional family. --- traditional marriage. --- traditional morality. --- traditional parenthood. --- troubled families. --- trusts. --- twentieth century. --- twenty-first century. --- wills. --- women's liberation.
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