Reconstructing Marriage: The Legal Status of Relationships in a Changing Society (European Family Law): 31 - Softcover

Sorgjerd, Caroline

Softcover

ISBN 10: 1780680376 ISBN 13: 9781780680378

Publisher: Intersentia Ltd, 2012

Synopsis

In Reconstructing Marriage - The Legal Status of Relationships in a Changing Society Caroline Sorgjerd explores the essence of the institution of marriage: what is the meaning of marriage today, how has marriage been influenced by the legal recognition of new cohabitation models and what should be the role of the institution of marriage in the future? In order to understand what marriage actually is in the twenty-first century it is necessary to identify and analyze the formalities and function of marriage in society. With a focus on Sweden, the author examines the historical development of marriage - beginning as a 'gift from God' and now being a gender-neutral institution - from a legal and political perspective and taking into account the past and present role of the Church of Sweden. The author then makes comparative assessments concerning the legal and political developments leading toward the adoption of gender-neutral marriage concepts in the Netherlands and Spain despite different societal backgrounds. In addition, the significance of the marital status under European Union law is explored, under the Charter of Fundamental Rights of the European Union and in the jurisprudence of the European Court of Justice. Also the relevant decisions based on the European Convention of Human Rights, as interpreted by the European Court of Human Rights, are examined. The author discovers that the key role that the institution of marriage has played in the past still influences the essence of marriage today and charges it with a special symbolic value.

About this title

About the Author

Caroline Sörgjerd is doctor of civil law with a special focus on family law from a comparative perspective. She studied law at Uppsala University (Sweden), received her doctor degree in 2011 and continued as a post doc researcher at the Uppsala Law Faculty until 2013. Since then she is working as a lawyer at Familjens Jurist in Sollentuna, Stockholm. Her research (her doctoral thesis, book chapters and articles in journals) has a special focus on, on the one hand, legal issues concerning different cohabitation forms and, on the other hand, questions concerning children – assisted procreation and adoption in particular. Her research has been carried out within the framework of the multidisciplinary research programme Impact of Religion: Challenges for Society, Law and Democracy, in close cooperation with the Commission of European Family Law (CEFL), where she has been active, inter alia, as the Commission’s secretary

From the Back Cover

In Reconstructing Marriage – The Legal Status of Relationships in a Changing Society Caroline Sörgjerd explores the essence of the institution of marriage: what is the meaning of marriage today, how has marriage been influenced by the legal recognition of new cohabitation models and what should be the role of the institution of marriage in the future?

In order to understand what marriage actually is in the twenty-first century it is necessary to identify and analyze the formalities and function of marriage in society. With a focus on Sweden, the author examines the historical development of marriage – beginning as a ‘gift from God’ and now being a gender-neutral institution – from a legal and political perspective and taking into account the past and present role of the Church of Sweden. The author then makes comparative assessments concerning the legal and political developments leading toward the adoption of gender-neutral marriage concepts in the Netherlands and Spain despite different societal backgrounds.
In addition, the significance of the marital status under European Union law is explored, under the Charter of Fundamental Rights of the European Union and in the jurisprudence of the European Court of Justice. Also the relevant decisions based on the European Convention of Human Rights, as interpreted by the European Court of Human Rights, are examined. The author discovers that the key role that the institution of marriage has played in the past still influences the essence of marriage today and charges it with a special symbolic value.

About this book
‘[C]arefully and successfully comparing several European jurisdictions and analyzing the pre-marriage and post-marriage phase and focusing on the gender-issue. […] Reconstructing Marriage encourages discussion of the current law of formalized relationships in a contemporary society. It belongs into the law library of family law experts and policy makers alike. It is the leading study on marriage law.’
Dr. Katharina Boele-Woelki, Professor of Private International Law, Comparative Law and Family Law at Utrecht University

‘[A] host of insights into questions that are at the heart of family law reform…’
Yuvraj Joshi in Child and Family Law Quarterly 2012, 489.

Edition details

• Publisher: Intersentia Ltd
• Publication date: 2012
• Language: English
• ISBN 10: 1780680376
• ISBN 13: 9781780680378
• Binding: Paperback
• Edition number: 1
• Number of pages: 360