1,721,113 research outputs found
Cohabitation agreements and gender equality
The purpose of any cohabitation agreement depends upon its context. This includes the jurisdiction’s default legal status of unmarried cohabitants, the economic circumstances of the parties and – perhaps most importantly – the relationship between the parties. Yet in many cases this context is overshadowed by a focus on individual autonomy, thereby insulating the significance of intimacy and interdependency within unmarried cohabitants’ relationships. Through a comparative overview of cohabitation contracts in Scotland and England and Wales, this chapter explores whether cohabitation contracts have the potential to safeguard against the gendered disadvantages and inequalities commonly experienced on relationship breakdown, or if the association of contracts with protection of property is too strong to subvert
Prenuptial agreements in comparative perspective
This chapter reviews the legal status of prenups in England and Wales in comparison with the US, in particular the adjudication and enforcement of such agreements in New York. New York is a useful comparator given it is a jurisdiction with rich experience of binding prenups, as well as having a default system of financial remedies law that is analogous with that in England and Wales. The purpose of this comparative exercise is to review the case for reform of the law applicable to prenups in England and Wales, reflecting upon the experience of these agreements in New York and whether there are lessons to be learned. In comparing these two jurisdictions, there are elements of New York law that merit consideration if prenups are to be made binding under legislation in England and Wales
Cohabitation contracts and gender equality
The purpose of any cohabitation agreement depends upon its context. This includes the jurisdiction’s default legal status of unmarried cohabitants, the economic circumstances of the parties and – perhaps most importantly – the relationship between the parties. Yet in many cases this context is overshadowed by a focus on individual autonomy, thereby insulating the significance of intimacy and interdependency within unmarried cohabitants’ relationships. Through a comparative overview of cohabitation contracts in Scotland and England and Wales, this chapter explores whether cohabitation contracts have the potential to safeguard against the gendered disadvantages and inequalities commonly experienced on relationship breakdown, or if the association of contracts with protection of property is too strong to subvert
Introduction: marriage and cohabitation: global debates, challenges, and perspectives
This introductory chapter explains the scope and structure of the book. It provides an overview of how the book progresses from discussion of the historical, philosophical, social and political dimensions of marriage law, through an overview of the rules governing how couples marry and questions about who may marry, to the formal alternatives to marriage that have been created in a number of jurisdictions, the different justifications and models for conferring rights on cohabitants, and some of the different consequences of marriage and cohabitation. It also draws out some key themes: how the legal regulations flowing from marriage have historically operated more as tools of exclusion than inclusion, how much of our understanding of modern family law is derived from how different jurisdictions regulate unmarried relationships, and what legal responses to marriage and cohabitation can tell us about social and cultural understandings of the nature and significance of these relationships
Meet the Book Author: Quiet Revolutionaries
In our Meet the Book Author Series, the Journal of Law and Society and the Centre of Law and Society provide first-hand accounts from authors who have recently contributed notable socio-legal books to their respective fields. In this post, we hear from Sharon Thompson, whose new book Quiet Revolutionaries: The Married Women’s Association and Family Lawwas published in September 2022 with Bloomsbury
Going Beyond Counting First Authors in Author Co-citation Analysis
The present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
We provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
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