The Resource Deconstructing and reconstructing family law through the European legal order, Keiva Carr

Deconstructing and reconstructing family law through the European legal order, Keiva Carr

Label
Deconstructing and reconstructing family law through the European legal order
Title
Deconstructing and reconstructing family law through the European legal order
Statement of responsibility
Keiva Carr
Creator
Contributor
Subject
Language
eng
Summary
This thesis investigates the hypothesis that the interpretation of European Union law, both primary and secondary, is having a deconstructive effect on national family law and is reconstructing it via the European Union legal order. The broad impetus of this research stems from the assumption that the nation state has undergone significant change and is, in addition, now influenced by the fast-pace development of a supranational/transnational body of law. As a result, of these twin-dynamics what are termed here as peripheral family law cases are being reconceptualised by the European legal order. This is quite incredible considering the isolated position family law was forced to assume as a result of it being coupled with tradition, morals, and local custom in the past. The research conducted follows a genealogical approach to developments based on a framework adopted from Duncan Kennedy's Three Globalizations thesis concerning the regulation of family relationships. It begins with an analysis of the globalization of Classical Legal Thought, during which family law did not even exist as a discreet legal field, to an evaluation of the Social where we note the failure of social engineering attempts in terms of the breaking down the family/market dichotomy that had been so firmly entrenched previously. Finally, the study arrives at the crux of the thesis in investigating the neo-formalist langue and its influence in resolving the peripheral family law issues that have come before the Court of Justice of the European Union demonstrating how the family has been incorporated into the citizenship discourse which has led to its reconceptualization and lifted it outside of the traditional, patriarchal framework. What we question, however, is the change in discourse at the EU level from being based in a market logic to a more socially inclined grammar. In this vein, the fundamental rights perspective is examined, particularly considering the influence of the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. Following on from this, we proceed, to investigate the effects of the EU Citizenship provisions and how this move, to what can arguably be conceived as a European identity-building project, could potentially reconceptualise family law in Europe
Member of
Cataloging source
IT-FiEUI
http://library.link/vocab/creatorName
Carr, Keiva
Date time place
Defence date: 19 September 2014
Dissertation note
Thesis (Ph. D.)--European University Institute (LAW), 2014.
Index
no index present
Literary form
non fiction
Nature of contents
theses
http://library.link/vocab/relatedWorkOrContributorName
European University Institute
Series statement
  • EUI PhD theses
  • EUI theses
http://library.link/vocab/subjectName
  • Domestic relations
  • Human rights
  • Civil rights
Label
Deconstructing and reconstructing family law through the European legal order, Keiva Carr
Link
http://hdl.handle.net/1814/32811
Instantiates
Publication
Note
Examining Board: Professor Hans-Wolfgang Micklitz, EUI (Supervisor); Professor Marise Cremona, EUI; Judge Marek Safjan, CJEU, Luxembourg; Professor Katherina Boele-Woelki, University of Utrecht
Bibliography note
Includes bibliographical references (pages 259-276)
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
txt
Content type MARC source
rdacontent.
Control code
FIEb17587566
Dimensions
30 cm.
Extent
276 pages
Media category
unmediated
Media MARC source
rdamedia.
Media type code
n
System control number
(OCoLC)1088491351
Label
Deconstructing and reconstructing family law through the European legal order, Keiva Carr
Link
http://hdl.handle.net/1814/32811
Publication
Note
Examining Board: Professor Hans-Wolfgang Micklitz, EUI (Supervisor); Professor Marise Cremona, EUI; Judge Marek Safjan, CJEU, Luxembourg; Professor Katherina Boele-Woelki, University of Utrecht
Bibliography note
Includes bibliographical references (pages 259-276)
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
txt
Content type MARC source
rdacontent.
Control code
FIEb17587566
Dimensions
30 cm.
Extent
276 pages
Media category
unmediated
Media MARC source
rdamedia.
Media type code
n
System control number
(OCoLC)1088491351

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