Is There Such a Thing as Transnational Family Law?
Research output: Journal contributions › Journal articles › Research › peer-review
Authors
Analysis of transnational law embraces the idea that thinking about the law almost exclusively in national terms is inadequate. Transnational legal analysis further rests on the concept of legal pluralism. Family law has received little attention in the field of transnational law so far.
But the existence of transnational and migrant families is plain. Moreover, family law pertains to events that take place in a pluralist environment. Does it therefore make sense to look at family law from the transnational point of view? This article explores this question in detail. It sets forth that the transnational perspective assists in depicting the operation of family law in a globalized world, including by encompassing the phenomenon of non-state actors being heavily involved in the creation, application and enforcement of family law.
But the existence of transnational and migrant families is plain. Moreover, family law pertains to events that take place in a pluralist environment. Does it therefore make sense to look at family law from the transnational point of view? This article explores this question in detail. It sets forth that the transnational perspective assists in depicting the operation of family law in a globalized world, including by encompassing the phenomenon of non-state actors being heavily involved in the creation, application and enforcement of family law.
Translated title of the contribution | Gibt es so etwas wie ein transnationales Familienrecht? |
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Original language | English |
Journal | Rabels Zeitschrift für ausländisches und internationales Privatrecht (RabelsZ) |
Volume | 89 |
Issue number | 1 |
Pages (from-to) | 35-58 |
Number of pages | 24 |
ISSN | 0033-7250 |
DOIs | |
Publication status | Published - 2025 |
Event | Symposium zum Jahrestreffen des Vereins der Freunde des Hamburger Max-Planck-Instituts 2024: Familienrechtliche Paradigmen - Max-Planck-Institut für ausländisches und internationales Privatrecht, Hamburg, Germany Duration: 21.06.2024 → 21.06.2024 |
- Law