Is There Such a Thing as Transnational Family Law?

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Is There Such a Thing as Transnational Family Law? / Croon-Gestefeld, Johanna.
In: Rabels Zeitschrift für ausländisches und internationales Privatrecht (RabelsZ), Vol. 89, No. 1, 2025, p. 35-58.

Research output: Journal contributionsJournal articlesResearchpeer-review

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@article{030716d105a74121873fd14d61f438bd,
title = "Is There Such a Thing as Transnational Family Law?",
abstract = "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. ",
keywords = "Law",
author = "Johanna Croon-Gestefeld",
year = "2025",
doi = "10.1628/rabelsz-2025-0007",
language = "English",
volume = "89",
pages = "35--58",
journal = "Rabels Zeitschrift f{\"u}r ausl{\"a}ndisches und internationales Privatrecht (RabelsZ)",
issn = "0033-7250",
publisher = "Mohr Siebeck GmbH and Co. KG",
number = "1",
note = "Symposium zum Jahrestreffen des Vereins der Freunde des Hamburger Max-Planck-Instituts 2024 ; Conference date: 21-06-2024 Through 21-06-2024",

}

RIS

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 -