Utilizing Systems Theory Insights and Reflexive Law to Negotiate the “Collision between… Un-connecting Worlds” in Family Law
Abstract This article defends an analytical framework based on systems theory, reflexive law, and Teubner’s regulatory trilemma. J v B exemplifies the numerous overlapping social relations, and forms a case study on the relationship between the State, community, and minority religious individuals, a...
| Main Author: | |
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| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Brill
2021
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| In: |
Journal of law, religion and state
Year: 2021, Volume: 9, Issue: 2/3, Pages: 212-243 |
| Standardized Subjects / Keyword chains: | B
Great Britain
/ Family law
/ Divorce proceedings
/ Ultra-Orthodox judaism
/ Systems theory
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| IxTheo Classification: | AD Sociology of religion; religious policy BH Judaism KBF British Isles XA Law ZB Sociology |
| Further subjects: | B
Family law
B trilemma B Reflexive law B systems theory B Transgender B Children B ultra-Orthodoxy B law and religion |
| Online Access: |
Volltext (lizenzpflichtig) Volltext (lizenzpflichtig) |
| Summary: | Abstract This article defends an analytical framework based on systems theory, reflexive law, and Teubner’s regulatory trilemma. J v B exemplifies the numerous overlapping social relations, and forms a case study on the relationship between the State, community, and minority religious individuals, and on how this relationship can break down from the systems theoretical perspective. The article uses this case as a testing ground for a modified systems theoretical approach, treating this conflict between family law and religion as a regulatory problem. Although it centers on English family law, the article should be read as a piece of normative legal theory of general application. In the final section, it explores reflexive secularity and how this may apply in cases where law and religion interact, such as J v B. |
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| ISSN: | 2212-4810 |
| Contains: | Enthalten in: Journal of law, religion and state
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| Persistent identifiers: | DOI: 10.1163/22124810-2021J004 |