Sexuality and the Law Commons^™

South African Marriage In Policy And Practice: A Dynamic Story, Michael W. Yarbrough

Publications and Research

Law forms one of the major structural contexts within which family lives play out, yet the precise dynamics connecting these two foundational institutions are still poorly understood. This article attempts to help bridge this gap by applying sociolegal concepts to empirical findings about state law's role in family, and especially in marriage, drawn from across several decades and disciplines of South Africanist scholarly research. I sketch the broad outlines of a nuanced theoretical approach for analysing the law-family relationship, which insists that the relationship entails a contingent and dynamic interplay between relatively powerful regulating institutions and relatively powerless regulated populations. …

Multiculturalist Liberalism And Harms To Women: Lookin Through The Issue Of "The Veil", Anissa Helie, Marie Ashe

Publications and Research

Hélie & Ashe law review writing raises and responds to a reformulated and broadened version of Susan Okin’s 1999 inquiry, Is Multiculturalism Bad for Women? It identifies social and political developments, as well as legal and theoretical developments, that have occurred in the 21^st century and that demand that reformulation.

Not limiting itself (as did Okin’s question) to interrogating the relationship between women’s equality interests and interests in “religious freedom” advanced by minority-religious groups, Hélie & Ashe is the broader inquiry, critical for liberal theory of the 21^st century which has been greatly affected by the “ethos …