Legal Recognition of Non-Conjugal Families New Frontiers in Family Law in the US, Canada and Europe : New Frontiers inFamily Law in the US, Canada and Europe

"This book argues that insufficient recognition of new families is a legal problem that needs fixing in light of recent evolutions in family patterns and normative conceptions of 'family'. People increasingly invest in relationships falling outside the model of the marital family, such as non-conjugal unions of friends or relatives, polyamorous relationships and various religious-based families. Despite this, Western jurisdictions retain the marital family as the relevant basis for allocating family law benefits, rights and obligations. Part I of the book illustrates recent evolutions in family patterns and norms, and explores how law can accommodate multiple family grids without legal recognition involving normalisation. Part II focuses on courtroom litigation on the basis that courts nowadays are central avenues of social change. It takes non-conjugal families as a case study and provides an analysis of the most compelling argumentative strategies that non-conjugal families can mobilise to pursue legal recognition in Canada and the United States, and within the systems of the European Convention of Human Rights and the European Union. Through its comparative, interdisciplinary and critical legal method, the book provides scholars, activists and policymakers with conceptual tools to tackle the current invisibility of new families. Further, by advancing legal arguments to enhance the protection of non-conjugal families in courtrooms, the book illuminates the different approaches jurisdictions are likely to take and the hindrances thereof to overcome and debunk stereotypes associated with proper familyhood"-- Provided by publisher "This book argues that insufficient recognition of new families is a legal problem that needs fixing in light of recent evolutions in family patterns and normative conceptions of 'family'. People increasingly invest in relationships falling outside the model of the marital family, such as non-conjugal unions of friends or relatives, polyamorous relationships and various religious-based families. Despite this, Western jurisdictions retain the marital family as the relevant basis for allocating family law benefits, rights and obligations. Part I of the book illustrates recent evolutions in family patterns and norms, and explores how law can accommodate multiple family grids without legal recognition involving normalisation. Part II focuses on courtroom litigation on the basis that courts nowadays are central avenues of social change. It takes non-conjugal families as a case study and provides an analysis of the most compelling argumentative strategies that non-conjugal families can mobilise to pursue legal recognition in Canada and the United States, and within the systems of the European Convention of Human Rights and the European Union. Through its comparative, interdisciplinary and critical legal method, the book provides scholars, activists and policymakers with conceptual tools to tackle the current invisibility of new families. Further, by advancing legal arguments to enhance the protection of non-conjugal families in courtrooms, the book illuminates the different approaches jurisdictions are likely to take and the hindrances thereof to overcome and debunk stereotypes associated with proper familyhood"-- Résumé de l'éditeur The insufficient recognition of ‘new families’ is a legal problem that needs fixing in light of recent evolutions in family structures and norms. While Western jurisdictions retain marriage as the key referent for social policies, people increasingly form familiar bonds outside of marriage (such as non-conjugal unions, polyamorous relationships, and various religion-based families). Part I of the book illustrates these evolutions, and the options lawmakers have to address the problem. Part II focuses on courtroom litigation on the basis that courts nowadays are central avenues of social change. It takes non-conjugal families as a case study and provides an analysis of the most compelling argumentative strategies that non-conjugal families can mobilise in Canada and the US, the EU and before the European Court of Human Rights. Through its comparative, interdisciplinary and critical legal method, aiming at predicting the approach jurisdictions are set to take and the hindrances thereof to overcome, this book provides scholars, activists and policymakers with key conceptual tools to tackle the current invisibility of all new families. Preface Acknowledgements Contents Table of Cases Table of Legislation PART I: NEW FAMILIES AND LAW-MAKERS 1. New Families 1. What is the 'New' Family? 2. Methodology 2. Recognition Models Introduction 1. Discarded Remedy 2. Potential Remedies Conclusion: A Better Model? PART II: NON-CONJUGAL FAMILIES BEFORE THE COURTS 3. The United States Introduction 1. The Changed Landscape of Family Structures and Family Law in the US 2. Venue 3. Remedy 4. Legal Arguments in Constitutional Litigation 5. Legal Arguments in Family Law Litigation Conclusion 4. Canada Introduction 1. The Changed Landscape of Family Structures and Family Law in Canada 2. Venue 3. Remedy 4. Legal Arguments in Constitutional Litigation 5. Legal Arguments in Human Rights Litigation Conclusion 5. The European Convention on Human Rights Introduction 1. The Changed Landscape of Family Structures and Family Law in Europe 2. Venue 3. Remedy 4. Legal Arguments before the ECtHR Conclusion 6. The European Union 1. The EU and Family Law: A Complex Relationship 2. Remedy 3. The Relevant Jurisprudence of the Court of Justice Concluding Remarks Conclusion References Index