Gender, Multiculturalism and Dialogue
The Case of Jewish Divorce
Bibliographic Data
| ID | 7530232 |
|---|---|
| Authors | Lisa Fishbayn Joffe (0000-0001-7418-4269, corresponding author), Lisa Fishbayn (corresponding author) |
| Year | 2008 |
| Volume | 21 |
| Issue | 1 |
| Pages | 71-96 |
| Publication date | 2008-01-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Canadian Journal of Law & Jurisprudence (JOURNAL) |
| Journal identifiers | ISSN: 0841-8209 • E-ISSN: 2056-4260 |
| Publisher | Cambridge University Press (PUBLISHER • US) |
| DOI | 10.1017/s0841820900004331 |
| OpenAlex | W2493931398 |
| Language | EN |
| Citations received | 8 |
| References cited | 18 |
Can the law act as a catalyst to change minority practices that discriminate against women? Can civil law merely impose remedies from outside the minority culture or can legal mechanisms be devised which spur internal change? Theorists of gender and multiculturalism have argued that civil law can play a role in creating the conditions which allow, and indeed compel, cultural communities to engage in internal dialogue to transform their norms into more egalitarian ones. This article explores this thesis through considering the development of Canadian civil family law remedies to alleviate the plight of women whose husbands use their power to withhold divorce under Jewish law to extort advantages in civil divorce settlements. It considers whether the process of negotiating, drafting and implementing amendments to the Divorce Act has supported the renegotiation of norms in the Canadian Orthodox Jewish community regarding the issuance of divorce decrees, the development of novel solutions or the re-invigoration of traditional forms of religious legal authority. In particular, the article evaluates whether these civil law strategies have had the effect of generating the sort of transformative dialogue about norms envisioned by theorists of multiculturalism and gender
Civil law (Civil law · Ethnic group · Family law · Judaism · Multiculturalism · Negotiation · Political science · Power (physics · Public law · Sociology · Gender Studies · Law · Legal and cultural studies analysis · Multicultural Socio-Legal Studies · Religious Freedom and Discrimination
Feminist Legal Theory
Managing family justice in diverse societies
Recent Developments in the Social Scientific Study of Canadian Jews
Halacha , The ‘Jewish State’ and The Canadian Agunah
Equalizing gendered access to Jewish divorce in South Africa
Calculating claims
A Canadian story of Jewish divorce
Civil Jurisdiction and Religious Accord
Engaging Cultural Differences
Women in Muslim family law
Multicultural Jurisdictions
Bargaining in the Shadow of the Law
Is Multiculturalism Bad for Women?
“Mistresses of Their Own Destiny”
Strange Multiplicity
The Morality of Freedom
Litigating the right to culture
Conflict of Laws — The Application of Customary Law and the Common Law in Zimbabwe
Women and Human Development
Law and Social Change
Imperial Leather
| Unique citing works | 8 |
|---|---|
| Citations per year | 0,53 |
| Citation span | 2011 - 2022 (12) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 8 |