Changing Family

John Eekelaar is Reader in law and Fellow of Pembroke College,Oxford.

• PART ONE—THE CHANGING FACE OF FAMILY LAW IN THE CONTEXT OF SOCIAL AND IDEOLOGICAL CHANGE1. Social Change in Europe and its Impact on Family StructuresFranz Rothenbacher (Mannheimer Zentrum für Europaische Sozialforschung, Universitàt Mannheim, Germany)2. The Changing Pattern of Family Structure in Nigeria: Issues, Problems and Strategies for Family SupportOluwatoyin Ipaye (Faculty of Law, Lagos State University, Ojo, Nigeria)3. Long-term Developments in Family Law in Western Europe: an ExplanationHarry Willekens (Mannheimer Zentrum für Europaische Sozialforschung, Universitàt Mannheim, Germany)4. The New Codification of Russian Family LawOlga Khazova (Institute of State and Law, Russian Academy of Sciences, Moscow, Russia)5. The Development of Japanese Family Law from 1898 to 1997 and its Relationship to Social and Political ChangeYukiko Matsushima (Department of Law, Dokkyo University, Soka City, Japan)6. The Relationship between Social Change and Family Law in KoreaMi-Kyung Cho (College of Law, Seoul National University, Seoul, Korea)7. Ireland: the Family and the Law in a Divided LandKerry O’Halloran (Centre for Voluntary Action Studies, School of Health and Community Studies, University of Ulster, Newtownabbey, N. Ireland, UK)8. Should and can Family Law influence Social Behaviour?Anders Agell (Professor Emeritus, Juridiska Institut, University of Uppsala, Sweden)9. Family Law in Namibia: the Challenge of Customary and Constitutional LawM. O. Hinz (Faculty of Law, University of Namibia, Windhoek, Namibia)10. Changing Families and Changing Concepts: Reforming the Language of Family LawAndrew Bainham (Christ’s College, Cambridge, UK)PART TWO—THE DYNAMICS OF LEGAL ASSIMILATION OF CHANGES IN SOCIAL NORMS11.The Proposed Abolition of De Facto Unions in Tanzania: A Case of Sailing against the Social CurrentBart Rwezaura (Faculty of Law, The University of Hong Kong, Hong Kong, China)12.Marriage by Affidavit: Developing Alternative Laws on Cohabitation in KenyaJanet Kabeberi-Macharia and Celestine Nyamu (Faculty of Law, University of Nairobi, Nairobi, Kenya)13. Why I can’t teach Customary LawJulie E. Stewart (Department of Private Law, University of Zimbabwe, Harare, Zimbabwe)14. Reducing Discretion in Family LawJohn Dewar (School of Law, Griffith University, Brisbane, Australia)15. Equality or Inequality within the Family? Ideology, Reality and the Law’s ResponseRebecca Bailey-Harris (Faculty of Law, University of Bristol, Bristol, UK)16. The Law and Morality of Support in the wider Family in Germany and Tanzania: Changing Perceptions of Family FormsChris Jones-Pauly (Institut für Afrikastudien, Universität Bayreuth,Germany)PART THREE—THE STATE AND PLURALISM17. Cultural Pluralism and the Rights of the ChildMichael Freeman (Faculty of Laws, University College, London, UK)18. Family Law in Aotearoa/New Zealand: Facing IdeologiesWilliam R. Atkin and Graeme W. Austin (Faculty of Law, Victoria University of Wellington, Wellington, New Zealand)19. African Customary Family Law in South Africa: A Legacy of Many PastsJeanne de Koker (Department of Private Law, Vista University, Bloemfontein, South Africa)20. Language, Cultiure and the Detritus of Apartheid: Understanding and Overcoming Secondary, Systematic buse in South African Child Care ProceedingsF. Noel Zaal (University of Durban-Westville, Durban, South Africa)21. Signposts on the Road to Equality: Towards the New Millennium for Parents, Children and Families in South Africa Julia Sloth-Nielsen (Community Law Centre, University of the Western Cape, Bellville, South Africa) and Belinda van Heerden (Faculty of Law, University of Cape Town, Cape Town, South Africa)22. Constitutional Interpretation of the “Best Interests” Principle in South Africa in Relation to Custody Nazeem Goolam (Department of Public Law, Vista University,Bloemfontein, South Africa)23. Same-sex Marriage and the Limits of Legal PluralismLynne D. Wardle (School of Law, Brigham Young University, Provo, Utah, USA)24. Cohabitation and Registered Partnership in Scandinavia—The Legal Position of HomosexualsIngrid Lund-Andersen (Faculty of Law, Aarhus University, Aarhus, Denmark)25. From Closet to Constitution: The South African Gay Family Rights OdysseyElsa Steyn (Faculty of Law, Rand Afrikaans University, Auckland Park, Johannesberg, South Africa)26. Parental Rights and Social Responsibility in American Child Protection LawSanford N. Katz (Boston College Law School, Boston, USA)PART FOUR—CONSTITUTIONALISING FAMILY LAW27. The Constitutionalisation of the Family in PolandJacek Kurczewski (Institute for Applied Social Studies, University of Warsaw, Warsaw, Poland)28. Constitutional Interpretation and the Re-constitution of the Family in the United States and South AfricaBarbara Bennett Woodhouse (University of Pennsylvania Law School,Philadelphia, USA)29. The Child’s Right to Parental and Family Care J. A. Robinson (Potchefstroom Universiteit vir Christelike Hoer Onderwys, Potchefstroom, South Africa)30. Ways of Seeing—“Lawyering” for a New Society in South Africa June Sinclair (Executive Director, University of Pretoria, Pretoria, South Africa)31. Defending and Protecting Gender Equality and the Family under a Decidedly Undecided Constitution in Zimbabwe Welshman Ncube (Department of Private Law, University of Zimbabwe, Harare, Zimbabwe)32. Meaningless Gestures? African Nations and the Convention on the Elimination of all Forms of Discrimination against WomenFareda Banda (Department of Law, School of Oriental and African Studies, London, UK)PART FIVE—SOCIAL AND “NATURAL” PARENTHOOD33. The Nuclear Family—Who Are the Parents?Jaap E. Doek (Faculty of Law, Free University, Amsterdam, The Netherlands)34. Families or Households? The Importance of Social ParenthoodJohn Eekelaar and Mavis Maclean (Centre for Socio-Legal Studies, Wolfson College, Oxford, UK)35. Child Welfare and Adoption in Modern Greek LawEfie Kounougeri-Manoledaki (Faculty of Law, University of Thessaloniki, Thessaloniki, Greece)36. Adoption and Child Welfare in Japanese Law: Has the Special Adoption Law Failed?Fumio Tokotani (School of International Public Policy, Osaka University, Osaka, Japan)37. The Gift/Donation Model versus the Contract/Services Model—the Changing Face of Adoption in England and WalesNigel Lowe (Cardiff Law School, University of Wales, Cardiff, UK)38. The Effect of Social Change on Family Structure: Mobility Issues in the Canadian ContextChristine Davies (Faculty of Law, University of Alberta, Edmonton, Canada)PART SIX—RECONCILING CHANGING NORMS AND CHANGING FORMS39. African Family Law under an Undecided Constitution—the Challenge for Law Reform in South AfricaThandabantu Nhlapo (South African Law Commission, Pretoria, South Africa)

The Changing Family offers a dazzling array of insights to stimulate thought about what the family is and should be, what it might mean in different societies and where it might be going in the future. Brian Dempsey Scolag Legal Journal September 2002