Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-2plfb Total loading time: 0 Render date: 2024-11-25T19:44:00.987Z Has data issue: false hasContentIssue false

12 - Family Law

A Blind Spot

from Part II - Transnational Law as Regulatory Governance

Published online by Cambridge University Press:  18 March 2020

Peer Zumbansen
Affiliation:
King's College London
Get access

Summary

Family law is often overlooked in transnational law scholarship, partly because it is still seen as a domestic field of inquiry, while transnational law is perceived as related to market regulation. This chapter argues instead that family law is an excellent example of a field that is deeply shaped by the transnational legal dynamics, that transnational law scholars seek to capture and critically examine. To show that, the chapter analyzes a set of contemporary case studies, such as the application of religious law, same-sex marriage, and transnational surrogacy, by focusing on different actors, norms and process that take place below, beyond and across states. Likewise, the chapter argues that globalization dynamics that are at the heart of transnational law analysis, such as the flow of power and the transformation of the state, cannot be fully understood without paying attention to the evolution of family law. To show this, the chapter examines how questions of legal pluralism, the contestation of the private/public distinction and the advent of the neoliberal state, cannot be fully understood without taking into account family law.

Type
Chapter
Information
The Many Lives of Transnational Law
Critical Engagements with Jessup's Bold Proposal
, pp. 294 - 318
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×