Introduction: The deep roots, stirring present, and uncertain future of family law

Journal of Family History

Volumn 28, Issue 1, 2003, Pages 5-14

  Willekens, Harry ^a,b   Scheiwe, Kirsten ^c  

^a UNIVERSITY OF ANTWERP   (Belgium)

^b LEIBNIZ UNIVERSITY HANNOVER   (Germany)

^c NONE

Author keywords

[No Author keywords available]

Indexed keywords

EID: 0038454694     PISSN: 03631990     EISSN: None     Source Type: Journal    
DOI: 10.1177/0363199002238551     Document Type: Editorial

References (15)

1. For further detail, see Goode's and Willekens's contributions to the issue. William J. Goode, "Family Changes over the Long Term: A Sociological Commentary," Journal of Family History 28 (2003): 15-30; Harry Willekens, "Is Contemporary Western Family Law Historically Unique?" Journal of Family History 28 (2003): 70-107.
2. For further detail, see Goode's and Willekens's contributions to the issue. William J. Goode, "Family Changes over the Long Term: A Sociological Commentary," Journal of Family History 28 (2003): 15-30; Harry Willekens, "Is Contemporary Western Family Law Historically Unique?" Journal of Family History 28 (2003): 70-107.
3. See especially Nygren's article in this issue. Rolf Nygren, "Interpreting Legitimacy," Journal of Family History 28 (2003): 149-160.
4. See Rigaux in this issue. François Rigaux, "Same-Gender Marriage: A European View," Journal of Family History 28 (2003): 199-207.
5. For more explanations and references, see Goode, "Family Changes."
6. For an illustration of how different parts of the law (e.g., family law, tax law, and social security law) interlock and a more sustained argument as to why it is not possible to judge the effects of one segment of the law without considering its interaction with other parts, see Scheiwe's contribution to this issue. Kirsten Scheiwe, "Caring and Paying for Children and Gender Inequalities: Institutional Configurations in Comparative Perspective," Journal of Family History 28 (2003): 182-198.
7. Staunch and illustrious defenders of the first thesis are, for example, Alan Watson, Legal Transplants (Edinburgh: Scottish Academic Press, 1974) and The Evolution of Law (London: Blackwell, 1985) and, from a different theoretical perspective, Pierre Legrand, "Against a European Civil Code," Modern Law Review 60 (1997): 44-63. For a discussion of and references on the second thesis, see Antokolskaia in this issue. Maria V. Antokolskaia, "Development of Family Law in Western and Eastern Europe: Common Origins, Common Driving Forces, Common Tendencies," Journal of Family History 28 (2003): 52-69.
8. Staunch and illustrious defenders of the first thesis are, for example, Alan Watson, Legal Transplants (Edinburgh: Scottish Academic Press, 1974) and The Evolution of Law (London: Blackwell, 1985) and, from a different theoretical perspective, Pierre Legrand, "Against a European Civil Code," Modern Law Review 60 (1997): 44-63. For a discussion of and references on the second thesis, see Antokolskaia in this issue. Maria V. Antokolskaia, "Development of Family Law in Western and Eastern Europe: Common Origins, Common Driving Forces, Common Tendencies," Journal of Family History 28 (2003): 52-69.
9. Staunch and illustrious defenders of the first thesis are, for example, Alan Watson, Legal Transplants (Edinburgh: Scottish Academic Press, 1974) and The Evolution of Law (London: Blackwell, 1985) and, from a different theoretical perspective, Pierre Legrand, "Against a European Civil Code," Modern Law Review 60 (1997): 44-63. For a discussion of and references on the second thesis, see Antokolskaia in this issue. Maria V. Antokolskaia, "Development of Family Law in Western and Eastern Europe: Common Origins, Common Driving Forces, Common Tendencies," Journal of Family History 28 (2003): 52-69.
10. Staunch and illustrious defenders of the first thesis are, for example, Alan Watson, Legal Transplants (Edinburgh: Scottish Academic Press, 1974) and The Evolution of Law (London: Blackwell, 1985) and, from a different theoretical perspective, Pierre Legrand, "Against a European Civil Code," Modern Law Review 60 (1997): 44-63. For a discussion of and references on the second thesis, see Antokolskaia in this issue. Maria V. Antokolskaia, "Development of Family Law in Western and Eastern Europe: Common Origins, Common Driving Forces, Common Tendencies," Journal of Family History 28 (2003): 52-69.
11. For the last point, see Willekens, "Is Contemporary Western Family Law Historically Unique?"
12. For more information on this difference between civil and common law, see Müller-Freienfels in this issue. Wolfram Müller-Freienfels, "The Emergence of Droit de Famille and Familienrecht in Continental Europe and the Introduction of Family Law in England," Journal of Family History 28 (2003): 31-51.
13. The conditions for interdisciplinary thought are extensively dealt with in Harry Willekens, Vrouwelijkheid, mannelijkheid en recht (Antwerp: Kluwer, 1991).
14. See the Inheritance (Provision for Family and Dependants) Act of 1975 and the comments in Brenda Hoggett and David Pearl, The Family, Law and Society: Cases and Materials (London: Butterworths, 1991), and in Stephen Cretney and Judith Masson, Principles of Family Law (London: Sweet & Maxwell, 1997).
15. See the Inheritance (Provision for Family and Dependants) Act of 1975 and the comments in Brenda Hoggett and David Pearl, The Family, Law and Society: Cases and Materials (London: Butterworths, 1991), and in Stephen Cretney and Judith Masson, Principles of Family Law (London: Sweet & Maxwell, 1997).