Is There Such a Thing as Transnational Family Law?
Research output: Journal contributions › Journal articles › Research › peer-review
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In: Rabels Zeitschrift für ausländisches und internationales Privatrecht (RabelsZ), Vol. 89, No. 1, 2025, p. 35-58.
Research output: Journal contributions › Journal articles › Research › peer-review
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TY - JOUR
T1 - Is There Such a Thing as Transnational Family Law?
AU - Croon-Gestefeld, Johanna
PY - 2025
Y1 - 2025
N2 - 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.
AB - 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.
KW - Law
U2 - 10.1628/rabelsz-2025-0007
DO - 10.1628/rabelsz-2025-0007
M3 - Journal articles
VL - 89
SP - 35
EP - 58
JO - Rabels Zeitschrift für ausländisches und internationales Privatrecht (RabelsZ)
JF - Rabels Zeitschrift für ausländisches und internationales Privatrecht (RabelsZ)
SN - 0033-7250
IS - 1
T2 - Symposium zum Jahrestreffen des Vereins der Freunde des Hamburger Max-Planck-Instituts 2024
Y2 - 21 June 2024 through 21 June 2024
ER -