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1

Wallace, Jean E., and Alyssa Jovanovic. "Occupational Similarity and Spousal Support: A Study of the Importance of Gender and Spouse's Occupation." Articles 66, no. 2 (2011): 235–55. http://dx.doi.org/10.7202/1006145ar.

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This paper examines how gender and the occupation of one's spouse may explain differences in the amounts and types of spousal support individuals receive when coping with the stress of their job. We analyze survey data from a sample of married lawyers, some of whom are married to other lawyers and others who have spouses who are not lawyers. The results show that men receive more emotional support from their spouse than women, regardless of their spouse's occupation. In contrast, lawyers receive more informational support from their spouse if they are also a lawyer, regardless of their gender. These fi ndings suggest that wives provide more understanding and empathy to their spouses than husbands, consistent with the literature on gender diff erences in social support. Our fi ndings also suggest that when it comes to providing informational support in terms of sharing advice, suggestions, solutions or relevant experiences in solving a work-related problem, a spouse who is in the same occupation may be better able to provide support. This is consistent with the literature demonstrating the importance of shared experiences in understanding the eff ectives of social support. Future research might explore not only the importance of shared statuses, such as occupation, but also the meaning of shared experiences in order to better understand spouses' support of one another.
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2

Kim, Tae-Soo. "Problems and improvement measures on the scope of notification targets and rights holders in criminal proceedings." Korean Association of Criminal Procedure Law 15, no. 1 (2023): 1–22. http://dx.doi.org/10.34222/kdps.2023.15.1.1.

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In the case of voluntary accompanying or arrest by an investigative agency, certain facts or rights are required to be notified so that the accompanying person does not interfere with the safety, condition, or future exercise of defense rights, and the notified person is prescribed at each stage of criminal proceedings. In this way, notifying a person who has a certain relationship with the companion is to secure the principle of disclosure of criminal proceedings and the legitimacy of criminal proceedings. However, in the case of voluntary accompanying, it is not reasonable to stipulate that only the police officer's job execution law is notified and not stipulated in other laws. Therefore, even in the case of voluntary accompanying, the freedom of the companion's body is limited, so in order to guarantee the right to defend, it must be revised to notify the subject such as personal arrest. The person who has received the notification must be able to claim various rights, etc. for the parties. However, it is unreasonable because the subject of the notification and the claimant do not currently match. The subjects of the current notification are “lawyers, legal representatives, spouses, immediate relatives, siblings,” and “family members, cohabitants, and employers” can only request arrest, binding pride, or bail. This should be viewed as an inconsistent problem of the subject of notification or the claimant. The subject of the notification is to guarantee the party's right to defend, so it is necessary to expand the scope. If there is a lawyer, the scope of the subject should be notified to the lawyer, and in the case of minors, etc., the legal representative should be notified, and in the case of marriage, the spouse should be notified. Next, relatives should also be revised to be the subject of notification. In addition, since there is no person to notify, the person behind the fact-marriage or foreign worker must notify the cohabitant, and it is reasonable to revise it to notify the employer in case there is no cohabitant. It is considered that the subject of the notification is reasonable to amend to 'lawyers, legal representatives, spouses, relatives, cohabitants, and employers'.
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3

Choroszewicz, Marta, and Fiona Kay. "The use of mobile technologies for work-to-family boundary permeability: The case of Finnish and Canadian male lawyers." Human Relations 73, no. 10 (2019): 1388–414. http://dx.doi.org/10.1177/0018726719865762.

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This article explores work–family interface and the use of mobile technologies (MTs) among male lawyers in Quebec (French Canada) and Finland – two civil law contexts with reputations for legislation friendly toward work–family balance. Drawing on 34 interviews with male lawyers and combining two theoretical lenses, shifting ideals of fatherhood and work–family boundary theory, our study shows how men’s preferences for work–family boundary management relate to diversifying models of fatherhood and family. In Finland, male lawyers more readily embrace family responsibilities and they strive to set firm boundaries to curtail work spilling over into family life. Yet, the cultural and professional norm of men as breadwinners remains strong, especially for Canadian male lawyers whose spouses more often assume primary responsibility for childcare. Our study offers qualitative markers of boundary management styles and strategies (spatial, temporal, and psychological) of male professionals – as struggling segmentors, struggling integrators, and integrators. We observe that senior male lawyers, living in more traditional family models, frequently model integrating behaviours, such as around-the-clock availability via MTs. This modeling establishes expectations of what represents a committed professional worthy of promotion. These practices play an important role in sustaining and reproducing gender inequalities in organisations that employ professionals.
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4

Slovenko, Ralph. "Article Commentary: On the Metamorphosis of Psychiatrists, their Spouses and Offspring into Lawyers." Journal of Psychiatry & Law 15, no. 2 (1987): 325–66. http://dx.doi.org/10.1177/009318538701500216.

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5

Capsa, Tudor. "Analysis of the law of the Republic of Moldova on the granting of compensation in the event of the death of one of the spouses." Supremacy of Law, no. 1 (September 2021): 136–47. http://dx.doi.org/10.52388/2345-1971.2021.1.13.

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The article analyzes in detail and comments article by article the main legal aspects of the Law of the Republic of Moldova on the provision of benefits in the event of the death of one of the spouses No. 156/2019 through the prism of the norms and prescriptions of the national legislation on social insurance and social security, as well as their practical and correct application, with the formulation in the process of presenting the material of substantiated conclusions and recommendations on the multifaceted and topical topic under consideration. At the same time, the comments contained in this article are intended to assist faculty, doctoral students, undergraduates and students of law schools / faculties and scientific researchers of organizations / centers in the field of science and innovation in the systemic assimilation of social insurance and social security norms. , regulating the procedure for registration and payment of benefits due to the death of one of the spouses. In addition, these comments are aimed at correct / accurate understanding and application of the provisions of the current laws and regulations on social insurance and social security by employees of social insurance and social assistance / protection authorities at all levels, lawyers, inspectors of human resources services, representatives of social partners and non-governmental organizations. , entrepreneurs, judges, prosecutors, lawyers, mediators, trade unionists and activists, interested employees and government officials.
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6

Mun, Viktoriya. "Traditional Family Values in the Social and Legal Thought of Russia in the 19th – Early 20th Centuries." Legal Concept, no. 2 (July 2023): 60–67. http://dx.doi.org/10.15688/lc.jvolsu.2023.2.8.

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Introduction. An important guideline in the legal evolution of Russia is the preservation of traditional family values. The idea of preserving traditional family values is reflected in the Basic Law and official policy papers and is consistently implemented in state programs and national and federal projects. The understanding and legal formalization of the concept of traditional family values are conditioned by the need to preserve the Russian identity and moral guidelines in society. The analysis of historical experience will contribute to the development of an adequate model of Russia’s cultural identity. The research on the concept of traditional family values in the works of outstanding pre-revolutionary ethnographers, anthropologists, historians, philosophers, lawyers, and public figures has formed the purpose of the study. Methods. The methods of historicism, systematicity, analysis and comparative law. Results. The study analyzes the works of Russian pre-revolutionary ethnographers, anthropologists, historians, philosophers, lawyers, and public figures according to the concept and content of traditional family values in Russia in the 19th – early 20th centuries; a theoretical and legal analysis of the categories “tradition”, “value”, and “family” is also made; and the role of traditions in law is investigated. Conclusions. The preservation of traditional family values, increasing the role of the family in society and increasing the authority of parenthood in the family and society are currently relevant priorities for state family policies. The pre-revolutionary Russian legislation considered marriage a religious act; hence, the legal regulation of family relations at the conclusion and dissolution of marriage was based on the religion of the spouses and the recognition of the exclusively ecclesiastical form of marriage. According to the Russian social and legal thought of the 19th – early 20th centuries, traditional family values were based on such aspects as natural (sexual), including the physiological mutual desire of spouses; spiritual, consisting in mutual love and affection of spouses; reproductive, associated with childbirth; and the desire to continue the family and transfer knowledge and skills from generation to generation.
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7

H., B. "SMOKING ISSUE IS HEATING UP CUSTODY SUITS." Pediatrics 92, no. 4 (1993): A78. http://dx.doi.org/10.1542/peds.92.4.a78a.

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Parental concern about secondhand smoke is adding a new wrinkle to some custody and divorce battles. Estranged spouses are taking an increasingly aggressive court stance when a child is exposed to cigarette smoke of one parent. Secondhand smoke has become a point of contention in custody cases in more than a dozen states, almost all involving children with respiratory ailments such as asthma and allergies. And smoking may become an issue in many more custody cases, according to some lawyers. Recent medical reports have cited the heightened likelihood of respiratory disease and middle-ear infection even in healthy children exposed to secondhand smoke. In at least one case a judge has been asked to rule that exposing a child with medical problems to cigarette smoke constitutes child abuse.
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8

Kiirend-Pruuli, Katrin. "Personal Freedom in Estonian Marriage Law between 1918 and 1940." Juridica International 29 (December 31, 2020): 3–11. http://dx.doi.org/10.12697/ji.2020.29.01.

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Although Estonia started to develop its own legal system after gaining independence in 1918, many of the old laws from the Russian Empire remained in force in the interim. Soon, Estonia started to develop its own civil code. The old Baltic Private Law Code was highly patriarchal, and various aspects of family law reform were extensively discussed throughout the 1920s and 1930s. While the need for reform was widely accepted, opinions as to its extent varied considerably: female lawyers, inspired by Scandinavian laws, fought for the greatest possible degree of freedom and equality between spouses, while conservative politicians preferred more moderate changes. The article examines two main questions connected with the developments of those times – how much freedom the state gave to spouses for regulating their personal and proprietary relations and how much personal freedom the wife had in comparison to the husband. The norms regulating personal relations, the statutory matrimonial property regime, and the contract related to marital property are analysed in connection with efforts to identify the merits and reasonable limits of personal freedom in marriage. The family law in force in the 1920s and 1930s is compared with draft forms of the Estonian Civil Code, for uncovering how the compilers of the new version achieved balance between modern liberal ideas of personal freedom and traditional concerns about upholding stability of marriage.
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9

Al-Smeheen, Fadia Aied. "The Predictive Power of Psychological Needs and Self-efficacy for the Level of Marital Happiness." Asian Social Science 16, no. 11 (2020): 41. http://dx.doi.org/10.5539/ass.v16n11p41.

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This study aimed at identifying the most common psychological needs among wives, identifying the degree of self-efficacy and the level of martial happiness among the study sample individuals as well as identifying the extent to which these psychological needs contribute to predicting the level of marital happiness. The study consisted of (150) married female lawyers. To succeed the study objectives, the scale of psychological needs was developed; it consisted of (20) items that measure four basic dimensions: psychological security, the need to achievement, the need to affiliation, and need to respect. The scale of self-efficacy (Schwarzer & Jerusalem, 1995) was used, and the scale of marital happiness was developed; it consisted of (40) items that measure five main dimensions: emotional adjustment, intellectual adjustment, family adjustment, social adjustment, and economic adjustment. The study results directed that the most common psychological need among wives is the need to achievement. The results revealed that the level of self-efficacy among the study sample individuals was medium. The results showed that the level of marital happiness among the married Jordanian female lawyers was medium for the total degree and each of the following dimensions (emotional adjustment, economic adjustment, intellectual adjustment, social adjustment), while the dimension of family cohesion was of a high degree. The results revealed that there is a predictive power for the psychological needs and self-efficacy concerning the level of marital happiness. In the light of the results, the study recommended the necessity of conducting further experimental researches in the domain of self-efficacy and marital happiness by developing counseling programs to improve these variables among spouses.
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10

Payne, Julien D. "Family Conflict Management and Family Dispute Resolution on Marriage Breakdown and Divorce: Diverse Options." Question d’actualité en droit de la famille comparé 30, no. 4 (2014): 663–87. http://dx.doi.org/10.7202/1027763ar.

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Family law is only one piece of the puzzle as separating and divorcing couples attempt to manage the conflict and deal with the practical problems arising on marriage breakdown. Divorce is a process, not an event. It is multi-faceted. The emotional dynamics of marriage breakdown may require a time consuming therapeutic response but parenting and economic arrangements must be resolved expeditiously. There is a tendency to assume that spouses who are locked in conflict will find themselves in court. In reality, fewer than four per cent of divorces proceed to trial. The costs of litigation are far too high, both financially and emotionally. Most disputes are resolved by negotiation, often with the assistance of lawyers. If negotiations are to bear fruit at a manageable cost to family members, hard bargaining that reflects "a winner take all" mentality must be avoided; principled negotiation, as espoused by Roger Fisher, William Ury and Bruce Patton in Getting To Yes, can generate optimal results for all interested parties, including the children. Recent years have witnessed the growth of mediation, whereby a neutral third party assists family members in searching for consensus on matters in dispute. The mediator controls the process but the family members control the substantive outcome of their deliberations. Mediation is nothing more than structured negotiation where a third party facilitates resolution of the dispute. If a final settlement cannot be reached, one possible option is recourse to private arbitration in which a third party is given the authority to determine the respective rights and obligations of the spouses and their children. It is possible to combine the aforementioned processes for the purpose of reaching a complete settlement of matters in dispute. These processes are complementary to the judicial process and should be closely examined by all families faced by the cataclysmic disruption generated by a failed marriage.
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11

Kovaček-Stanić, Gordana, and Sandra Samardžić. "Does (family) law protect family?" Zbornik radova Pravnog fakulteta, Novi Sad 55, no. 1 (2021): 25–45. http://dx.doi.org/10.5937/zrpfns55-30403.

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Although we cannot ignore the fact that the law in some way affects the family from the very beginning by determining who is considered a family member, what are their mutual rights and obligations, how certain relationships are formed and how they end, modern understanding of the family, however, necessarily implies respect for the extremely wide field of family, that is parental autonomy. Such an understanding could, in the most extreme form, result in an almost complete absence of responsibility of the state or the legal system for everything that happens in the family. In this sense, there are very weak formal legal obligations of the state in taking an active role in strengthening the family, and in practice there is virtually no involvement of the state in strengthening ties within the family before certain problems arise. On the other hand, if someone has the potential to protect the family and its members, then it is certainly the legal system. The protection of the family must not be reduced only to the question of how to do it, but also at what moment or whether the protection and development of healthy family relationships must be an issue to be addressed much earlier, even before the family is formed. In that sense, counseling or conversations with competent persons, can be of special importance. Also, although they are relatively foreign to our culture, the popularization of prenuptial agreements and presenting future spouses or common law partners with the possibilities of this agreement provides, can contribute to the avoidance of later property disputes. In this paper, the focus will, however, be on certain solutions that can help in situations where there is already a disturbance in the relationship between family members, that is between spouses or common law partners. Any attempt to calm the situation, or moderate and careful intervention in family relations, can primarily be achieved by insisting on certain alternative ways of resolving disputes. In addition, the existence of specialized judges, as well as lawyers, who would implement significant changes in the education system of future lawyers, but also in the field of practice, can also greatly contribute to this goal. Finally, certain changes in the field of family substantive law can also be of great importance. In that sense, this paper primarily focuses on certain solutions proposed in theory, their analysis in the context of Serbian legislation, as well as on possible further changes in domestic regulations. Namely, although some proposals have already found their place in the positive legislation of Serbia, it remains uncertain to what extent these provisions have been applied and whether they really contribute to maintaining stable family relations in situations when relations are seriously disturbed.
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12

Abous, Meryem, and Nor Azmawati Abdul Aziz. "Exploiting legal fictions in circumventing legitimate rights in marital property." Linguistics and Culture Review 5, S4 (2021): 2318–25. http://dx.doi.org/10.21744/lingcure.v5ns4.1924.

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The Marriage is the norm of life and living in the family’s embrace under the shade of affection and tranquility is a goal that everyone who takes this step seeks, and the happiness and balance of the family can only be achieved by obtaining what can be achieved from the requirements of a decent life.But not everything that a person wishes to realize, some have intervened Factors and inconveniences make married life impossible to continue, and the most important of these factors, according to a scientific study, is money According to ourIslamic law, the offspring must be legitimate, and this will not happen except through legal marriage, and in the verse it is associated. Money with children because it has a strong influence and a close link to married life, which in turn is considered a partnership between two parties. The spouses may not be successful in completing this partnership, and the matter ends in divorce, and often the woman is forced to demand her legal and material rights. In this research, I will discuss, in particular, the tricks that some lawyers use to make things difficult, or to prevent the divorced woman from having her rights, especially material ones.
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13

Cominelli, Luigi. "Mediazione familiare: nuove professioni e il dibattito sulle alternative al giudizio." SOCIOLOGIA DEL DIRITTO, no. 3 (February 2009): 197–206. http://dx.doi.org/10.3280/sd2008-003009.

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- Ivan Pupolizio's book La mediazione familiare in Italia (Family Mediation in Italy) is the latest in a series that testifies to the increasing interest at work in Italy in topics of alternative conflict solving. The theoretical approach adopted to the topic is accompanied by evidence from professional practice and information about the authorities and subjects that work in the field of family mediation. Pupolizio takes an in-depth look at the practice of family mediation in Italy and draws up a summarised chronology of its development. Mediators do not investigate the couple's experience as a means for understanding the causes of the problem, but work together with the parties to identify concrete solutions for the future. Mediators have clearly already started venturing along the path that leads to their professionalisation. Training whose purpose is to accredit family mediators will in due course flank basic training for lawyers who are not familiar with these procedures. Pupolizio spends some time and energy looking into the legislative aspects of the mediator's professional practice. Today's legislation offers several spaces for mediation, primarily when spouses separate. The book's theoretical section discusses fears that the methods of alternative dispute resolution may lead to a privatisation of justice, dwelling in particular on the criticism expressed by the women's movement, which considers that mediation, as opposed to the legal system, puts women at a disadvantage towards men. Pupolizio believes that alternative methods do not constitute a danger for equity when they are understood correctly to be methods of appropriate dispute resolution. (English texts revised by Pete Kercher)
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14

Christoffel, Katherine Kaufer. "The Physician-Doctor Relationship." Pediatrics 91, no. 4 (1993): 832–34. http://dx.doi.org/10.1542/peds.91.4.832.

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Judging from discussions in medical journals and at professional meetings, pediatricians and other physicians are increasingly aware of their relationships with patients, patients' families, medical co-workers, laboratory personnel, insurance company representatives, legislators, regulators, lawyers, reporters, students, and spouses. There is, however, little discussion of a central relationship that affects all the others: the physician-doctor relationship. It arises because "physician" is not a description of a person, but rather of a role that a person—the doctor—plays. PHYSICIANS AND DOCTORS The doctor's coat, stethoscope, and title are a costume that facilitates the performance of the role of physician. It helps the doctor and others to suspend disbelief that this person is a physician: objective; busy yet available; knowledgeable, skilled; undaunted by always private, sometimes smelly, and occasionally fatal problems. These traits of the physician are often important to filling the role, because they allow patients to entrust themselves to the physician, and the doctor to accept the trust and to go on when the going gets tough. But the traits of the physician contrast sharply with those of the person who fills the role of physician—the doctor. That person is, like other people, subjective, unavailable when busy, often ignorant and unskilled for the job in hand, and likely to be upset by personal and life-threatening problems. The discrepancy between the traits of the doctor (a person) and the physician (a role the person plays) gives rise to a rélationship (the physician-doctor relationship) that is central to what physicians do. Understanding this central relationship is likely to be both important and interesting.
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15

Welstead, Mary. "DIVORCE IN ENGLAND AND WALES: TIME FOR REFORM." Denning Law Journal 24, no. 1 (2012): 21–37. http://dx.doi.org/10.5750/dlj.v24i1.390.

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The clamour of voices crying out for reform of the law relating to financial provision on divorce is regularly heard. The judiciary, the academic community, lawyers and prospective divorcees have all expressed concern about the problematic nature of the current law and the urgent need for change.1 Yet these same voices rarely draw attention to the major defects inherent in divorce law itself. The battle for divorce reform which dominated the family law debate during the latter part of the 20th century appears to have been abandoned, along with the decision in 2001 by Lord Irvine of Lairg, the then Lord Chancellor, not to bring into force the major reforms to divorce law contained in Part II of the Family Law Act 1996 (see below). There is now an uneasy and, for the most part, a silent acceptance that the majority of spouses who want to bring their relationship to a legal end will find a way of doing so. The fact that they might have to resort to a massaging of the law, which may at times border on outright dishonesty, to secure their freedom and the right to embark on a new legal relationship, is largely ignored. Indeed in many family law textbooks and family law courses, the topic of divorce is barely discussed. It is viewed as an administrative process with little legal content to it. The few cases which do come before the courts are given similar scant treatment, even when they draw attention to the fundamental problems in the current law, a law which is both outdated and confusing.
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16

Pisarska, Agnieszka. "The psychologist’s diagnostic competences in issuing psychological and judicial opinions in divorce cases involving children." Kwartalnik Naukowy Fides et Ratio 49, no. 1 (2022): 177–90. http://dx.doi.org/10.34766/fetr.v49i1.1061.

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Divorce cases where divorcing spouses have minor children pose a particular challenge for psychologists and lawyers. The court decides on important matters regarding the child and the family, but formally does not have sufficient knowledge of the psychological functioning of family members, and the decision is based on a psychological and judicial opinion. The psychologist does not make legally binding decisions regarding the family, but acts as an expert with so-called special information in selected areas of psychology, which allows preparing a psychological and judicial opinion on the functioning of the family to support the court’s decision-making process. Particular diagnostic competence of a psychologist: knowledge, skills and ethical attitude increase the likelihood of accurate and reliable psychological diagnosis and contribute to making the psychological and judicial opinion more useful to the court. The article presents selected legal and psychological issues related to the role of a psychologist and the process of diagnosing in providing psychological and judicial opinion on divorce matters where the partners are parents of minor children. It presents the psychologist’s diagnostic competences: (a) knowledge, including the knowledge of research areas important in making psychological diagnoses and specific issues (including the concept of resilience, parentification, parental alienation, the child’s adaptation, conflict between partners, the child’s best interest clause as a principle of family law, evidence-based diagnosis), basic legal principles on divorce, the status of an expert psychologist and psychological and judicial opinion, as well as other provisions which are not source of law in the form of guidelines and standards; (b) skills relating to effective planning and execution of multi-person diagnosis, the construction of the psychological and judicial opinion, the selection of diagnostic tools, the presentation of hypotheses, transparent and comprehensive data analysis and the formulation of conclusions; (c) an ethical attitude taking into account the special status of the psychologist and diagnostic relationship in divorce matters, taking into account ethical dilemmas and separateness of diagnosis conducted out of court.
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17

Shevtsiv, Yu. "Legal analysis of the concept of «family» and subjects of family legal relations." Uzhhorod National University Herald. Series: Law 1, no. 76 (2023): 201–7. http://dx.doi.org/10.24144/2307-3322.2022.76.1.31.

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The article researches the etymology of the term «family». In particular, the content of this concept as a social phenomenon is given, as well as an analysis of the opinions of modern Ukrainian lawyers regarding its legal content, and as a result, a proper definition of the legal category «family» - a set of persons, relations between which are based on mutual rights and obligations - is proposed languages, cohabitation and everyday life, arising on the basis of marriage (marital relations without marriage registration) or consanguineous ties, or other forms of adoption of children for upbringing, and which bear mutual responsibility for non-fulfillment or improper fulfillment of family obligations. It was established that there is no single approach to understanding the definition of «family» among scientists, just as there is no single comprehensive concept in the legal system of our country. In addition, it is noted that there are two opposing positions in the legal literature regarding the need to form a single definition of the term «family», because some scientists support the position of legislating the category «family», explaining this by the fact that different branches of law regulate different in terms of content, legal relations with the participation of family members, others, in turn, do not consider it necessary to enshrine the term «family» at the legislative level, because the criteria characterizing a family are very multifaceted and diverse. The characterization of the subjects (participants) of family legal relations provided for by the legislation of Ukraine, taking into account a certain sequence, was carried out. In particular, three groups of participants in family legal relations are distinguished. The first group is spouses, parents, children and the adoption institute. The second group is grandmothers, grandfathers, great-grandmothers, great-grandfathers, grandchildren, great-grandchildren, siblings, stepmother, stepfather, stepdaughter and stepson. The third group is other family members provided for in Chapters 19 and 20 of the Family Code of Ukraine.
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Rabets, Anna M., and Maria A. Khvatova. "Mediation in the system of ways of alternative settlement of family disputes." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 46 (2023): 178–94. http://dx.doi.org/10.17223/22253513/46/13.

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The main purpose of the study is to determine the place of family mediation in the system of alternative ways of regulating family disputes; to evaluate the law on mediation in the general system of legislation designed to assist citizens in resolving family conflicts; to develop proposals for further improvement of legislation on mediation. The relevance of the study, its conditionality by a large number of family disputes, difficulties of access to justice, especially when considering cases in the order of administrative proceedings, is substantiated. The special interest of specialists in the field of family law in the theoretical and practical problems of mediation is emphasized. The definition of a family dispute is given as a kind of social conflict of a property or personal non-property nature arising between members of one family or between a family member and another person, if during such a conflict the rights and interests of the family or its individual members are affected. We are talking about disputes arising from legal relations that develop in the sphere of family life, the performance of its social functions. They have different subject composition, respectively, and disputes may arise between spouses, parents and children, other relatives and relatives who are in natural-biological and social ties recognized by law as legal. The definition of the concept of alternative settlement is given, understood by the authors as any settlement of disagreements and resolution of a conflict without a final resolution of the dispute on the merits by the competent authorities with the issuance of a law enforcement act subject to mandatory, including compulsory, execution. During the analysis of existing methods of alternative regulation of family disputes, in particular, used in the activities of notaries, lawyers, bailiffs, guardianship and guardianship authorities and even courts, the authors come to the conclusion that the mediation approach of public authorities cannot completely replace the mediation procedure, since these bodies have to solve the issue on the merits and when the absence of an agreement between the parties. At the same time, as a rule, one of the disputing parties wins, the other loses. This does not happen when using the mediation procedure, since during negotiations with the participation of an intermediary (mediator), the decision is made by the parties themselves or the dispute remains unresolved. In any case, the result of mediation is fixed in the mediation agreement. The author analyzes the range of circumstances that, according to the authors, can be the subject of a mediation discussion and form the basis for resolving the issue on the merits. Attention is paid to the analysis of the principles of mediation in relation to the problems of family mediation. The authors come to the conclusion that it is desirable to conduct family mediation on the principle of free, especially in disputes about children. At the end of the article is a list of the sources used. When writing the work, 18 sources were used, including scientific literature for the last 5 years. The authors declare no conflicts of interests.
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19

Wallace, Jean E. "Job Stress, Depression and Work-to-Family Conflict." Articles 60, no. 3 (2006): 510–39. http://dx.doi.org/10.7202/012157ar.

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In this paper, the Job Demand-Control (JDC) model is used to predict depression and work-to-family conflict for married lawyers working full-time. The objectives of this paper are: (1) to determine whether the JDC model applies to work-to-family conflict; (2) to incorporate domain-specific job demand and job control variables; and (3) to examine a wider array of different forms of social support. First, the JDC model also helps explain work-to-family conflict. Second, domain-specificity does not appear key to documenting the buffering effects for job control. Third, spouse’s support of one’s career has the strongest main effect on both depression and work-to-family conflict, whereas coworker support functions as a moderator of lawyers’ job demands and has both buffering and amplifying effects. This paper closes by discussing the possible conditions under which members of support systems may transfer or exacerbate stress effects rather than alleviate them.
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20

Margulies, Sam, and Anya Luchow. "Litigation, Mediation and the Psychology of Divorce." Journal of Psychiatry & Law 20, no. 4 (1992): 483–504. http://dx.doi.org/10.1177/009318539202000405.

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The adversary legal system has frequently been criticized by the mental health professions as poorly designed to meet the psychological needs of families. This article explores why that criticism is true. Successful adjustment to divorce by couples and their children requires the completion of critical psychological and practical tasks early in the divorce. In particular, the noninitiating spouse must come to terms with the fact of divorce and control the intense emotions that accompany the decision to divorce. The norms and values of the legal system and the perceptions and behaviors of the lawyers interfere with completion of the psychological tasks and retard adaptation. Mediation is viewed as an appropriate model for supporting the completion of successful divorce.
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Payne, Julien D. "A Practitioner’s Guide to Spousal Support in Divorce Proceedings." Revue générale de droit 19, no. 4 (2019): 701–34. http://dx.doi.org/10.7202/1058494ar.

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The objective of this paper is to alert Bench and Bar to the cutting edge of tomorrow’s arguments in Family Law. The dichotomy between law in theory and law in action is underlined, and practical hints are offered to lawyers concerning the proper management of a family law file. Substantive legal issues are also addressed with specific regard to current controversies concerning spousal support orders under the Divorce Act, 1985, (S.C. 1986, c. 4). The popular notion that this Act introduced only cosmetic changes is challenged and the significance of the rulings of the Supreme Court of Canada in Pelech, Richardson and Caron is addressed in some detail. Particular attention is paid to the effect of prior agreements on spousal and child support claims under the new Divorce Act. The conduct of the parties is viewed from a realistic as well as a doctrinal perspective and the role of fixed term spousal support orders is briefly analysed. The blending of theory and practice should prove that there is much to be said for the proposition that “each case depends on its own facts” and one of these facts is the philosophical approach of the particular judge to marriage, divorce and ongoing spousal support after the judicial termination of marriage.
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Lushnikov, Andrey M. M. "The New Economic Theory of the Family": Critical Notes by a Lawyer." Vestnik Yaroslavskogo gosudarstvennogo universiteta im. P. G. Demidova. Seriya gumanitarnye nauki 17, no. 3 (2023): 384. http://dx.doi.org/10.18255/1996-5648-2023-3-384-391.

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The article gives the author’s assessment of modern approaches of economists to the family and family relations. The study was based on the "new economic theory of the family", at the origins of which was the American economist G. Becker. The article notes that a purely economic approach to the family and family relations ignores the subjective element, makes the approach to love and altruism, as the initial elements of family relations, extremely reductive, not to mention the use of economic terminology (value, benefit, efficiency, rarity, etc.). to family law phenomena. As a conclusion, it is emphasized that the arguments of economists are very significant for taking into account the share of a spouse who does not work, but keeps a household, when dividing property during a divorce, when determining the amount of alimony, etc. However, outside of property relations, the economic approach does little to give both law and other humanitarian disciplines.
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Mizdran, Mihaita, and Alexandru Marit. "Analysis and criminological variables of the etiology of personality and victims of violent criminality in family." National Law Journal, no. 1(249) (November 2023): 167–78. http://dx.doi.org/10.52388/1811-0770.2023.1(249).17.

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Therefore, in the following, we will explain the notions and correlative elements of committing the acts of murder on the husband, wife or a close relative, namely: the deed and the perpetrator (murder, homicide); the specific element of the crime in the family environment (kinship); neologisms used for the scientific expression of the phrase “murder committed against a spouse or a relative”, from which we list: paricidal, filicidal, fratricidal, matricidal, patricidal, mariticidal or uxoricidal. Because in recent years, crimes considered “fashionable” (corruption, smuggling, trafficking in human beings, embezzlement, fraudulent bankruptcy, forgery and use of forgery) have received more attention from university teachers and experts in the field (prosecutors). , judges, lawyers, etc.), we consider that the crimes committed with extreme violence (murders) have not been investigated as intensely as would have been necessary in practice. Therefore, I considered it appropriate to expose scientific controversies and controversies on the crimes of violence and murder, and especially the one committed in the family environment. Regarding the chosen research area - we consider that most of the causes and conditions for crimes committed in the Republic of Moldova can be explained and analyzed in relation to the same category of crimes committed in Romania.
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Savčić, Sanja, and Nikolina Miščević. "Power of attorney in favor of a third party?" Zbornik radova Pravnog fakulteta, Novi Sad 56, no. 1 (2022): 121–44. http://dx.doi.org/10.5937/zrpfns56-36828.

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According to the provision of Art. 75 of the Criminal Procedure Code, one or more defense attorneys may be selected and authorized by the defendant, or his legal representative, spouse, blood relative, adoptive parent, adoptive parent, brother, sister, foster parent and the person with whom the defendant lives in extramarital affairs, or any other permanent community of life, unless the defendant expressly objects. The aim of this provision is to provide professional defense to the defendant in criminal proceedings even when he is unable to provide it, but the relationship between the lawyer and the person authorized to conclude a contract with him is of a civil nature. Theory and jurisprudence have not dealt much with the legal qualification of this relationship or have done it only marginally. Moreover, the explanation of the judgment of the Supreme Court of Cassation on the solidary liability of the accused and the certain person (wife) opens a number of questions, which are the subject of research in this paper. First of all, what is the legal nature of the contract that a lawyer concludes with a client? Is it possible to conclude such a contract in favor of a third party? What is the legal nature of the subsequent granting of a power of attorney? If a contract is concluded in favor of a third party, what is the legal effect of such a contract concluded between the parties? Does the contract in favor of a third party also result in an obligation for a third party? Finally, bearing in mind that the solidary liability is not explicitly agreed, from what does the court derive that kind of liability?
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Nukusheva, A. A., A. N. Aktay, and Y. Erdogan. "The legal status of the subjects of inheritance under the law in the Republic of Kazakhstan and the Republic of Turkey: a comparative legal analysis." Bulletin of the Karaganda University “Law Series” 107, no. 3 (2022): 79–90. http://dx.doi.org/10.31489/2022l3/79-90.

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In the context of actively developing relations between the Republic of Kazakhstan and the Republic of Turkey, the issues of regulating the legal status of subjects of inheritance by law are of particular relevance. Due to the peculiarities of national, historical, religious, cultural and family traditions, inheritance relations complicated by a foreign element are among the most difficult in legal regulation. According to the authors, the study and analysis of the legal status of subjects of inheritance under the law seems to be so significant, because due to active migration processes between the two countries, many citizens of Kazakhstan and Turkey have relatives in these countries, and, accordingly, inherit after them under the laws of another state. A comparative legal analysis of the current inheritance legislation in the field of regulation of the legal status of inheritance under the legislation of the Republic of Kazakhstan and the Republic of Turkey showed significant differences in the legislative regulation of subjects of in-heritance under the legislation of the two countries. Based on a comparative legal analysis of the current legislation of the Republic of Kazakhstan and the Republic of Turkey, a number of differences were identified in the order of precedence, the spouse's share in the inherited property and the policy of taxation of inherited property. At the same time, there are also general approaches to determining the hereditary status and to determining the status of the testator. In practical terms, this study is of interest to lawyers practicing in the field of inheritance law, as well as private international law.
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Krasnova, Tatiana V. "Bioethical prerequisites for the civil status of the recipient in the oocyte donation program." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 45 (2022): 177–92. http://dx.doi.org/10.17223/22253513/45/12.

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The article deals with the conceptual aspects of the civil law position of the recipient in the oocyte donation program based on an interdisciplinary method. In jurisprudence, this problem was identified in the framework of studies of artificial human reproduction, but was not the subject of independent research. The author analyzes the bioethical prerequisites for improving legislation. Bioethical determinants and additional arguments testifying in favor of a medicalized approach to understanding the essence of assisted reproductive technologies are revealed. The directions of consistent reflection of the medicalized approach in the system of domestic legislation have been determined. Inconsistencies were found in the understanding by lawyers of the ambiguity of medical terminology in assisted reproductive technologies. The directions of consistent reflection of the medicalized approach in the system of domestic legislation have been determined. Inconsistencies were found in the understanding by lawyers of the ambiguity of medical terminology in the field of assisted reproductive technologies. The author produced systematics of the fundamental terms denoting the methods and programs of artificial reproduction. The principle of the priority of natural conception as a fundamental principle for legislative transformations in artificial reproduction has been formulated and substantiated. In line with the medicalized approach and the formulated principle of the priority of natural conception, a regulatory framework for regulating oocyte donation directly has been determined, taking into account its specifics and differences, in particular, from sperm donation. It is argued that the use of donor oocytes is not a method of treatment, but is a way to solve the problem of infertility. This is important for legal regulation and is proposed for consolidation at the legislative level. The author has formulated some necessary legal provisions, the adoption of which seems necessary: the Law "On Bioethics" and "On Gamete Donation". The grounds for participation in the oocyte donation program as a recipient in the current legislation have been investigated. The criteria for civil legal identification of the recipient of oocytes are analyzed: the state in marriage, the unregistered stable relationships, age, state of reproductive health and others. Legal lacunae have been identified and the proposals to eliminate them have been made. The possibility of acting as a recipient of oocytes for women aged 15 to 49 years inclusive, regardless of her marital status or a sexual partner or for medical reasons, has been substantiated. In accordance with this conclusion, regulatory transformations are proposed. The accompanying legal requirements and recommendations are given (for example, concerning the issues of issuing a notarized power of attorney for participation in the oocyte donation program; the possibility of participating in the program regardless of the consent of the spouse). The directions for further search for legal characteristics, as well as the rights and obligations of the oocyte recipient, have been determined. The author declares no conflicts of interests.
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Zheludkov, M. A. "Problematic Issues of Protection of Rights and Legitimate Interests of Victims of Crime." Lex Russica, no. 2 (February 1, 2019): 81–91. http://dx.doi.org/10.17803/1729-5920.2019.147.2.081-091.

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The relevance of the article is that in modern society, ensuring a full fight against crime involves including a solution to various problems in the implementation of the rights and legitimate interests of persons against whom the crime has been committed. For example, in the criminal procedure the rights and obligations of “persons involved in the proceedings when checking reports of a crime are explained under the Criminal Procedural Code of the Russian Federation. Alongside it provides the possibility of exercising these rights to the extent that the procedural actions and procedural decisions affect their interests, including the right not to testify against themselves, their spouses and other close relatives, the range of whom is defined in para. 4 of art. 5 of the Criminal Procedural Code of the Russian Federation. Such persons are provided with the right to use the services of a lawyer, as well as to bring complaints about actions (inaction) and decisions of the investigating officer, the head of division of inquiry, the chief of body of inquiry, the investigator, the head of investigative body in the order established by Chapter 16 of the Criminal Procedural Code of the Russian Federation”. Still this sound rule lacks referencing to certain subjects defined in the Criminal Procedural Code of the Russian Federation. This leads to the fact that legal guarantees for persons who have not received the status of a participant in criminal proceedings remain declarative. The analysis of criminal cases revealed many inaccuracies, legislative gaps and contradictions, which play an important role in the fact that individuals or legal entities in respect of whom the crime has been committed do not have procedural rights to protect their interests within the period up to 30 days. The article aims to develop a mechanism for their protection from the moment of registration of a crime report by law enforcement agencies, taking into account a certain amount of knowledge on the activities of persons who were involved in the criminal process.
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Egorov, A. A. "Moral Foundations of Law in the A. N. Radishchev’s Works." Lex Russica, no. 11 (November 15, 2020): 106–17. http://dx.doi.org/10.17803/1729-5920.2020.168.11.106-117.

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The paper is devoted to the study of the moral principles of law in the works of the outstanding educator, philosopher, lawyer and founder of revolutionary ideas in Russian science Aleksandr Nikolaevich Radishchev. Investigating the question of the relationship between morality and law in general, the author considers four conceptual models: a single regulatory and protective system (mononorms); the absence of common origins and features; understanding of law as a minimum of morality; complementary, but independent social regulators. The author concludes that the problem of the relationship between morality and law, despite the interest the representatives of the humanities have in it, needs further conceptual certainty by referring to the political and legal views of specific scientists. In the context of the A. N. Radishchev’s general legal views, the author examines the moral nature of the national state, the inviolability of natural law, the legal status of a person and procedural guarantees of the rights of the accused (defendant). The civil-legal views of A. N. Radishchev are considered separately. The author examines some questions of legal capacity through the prism of class distinctions denial, and analyzes the possibility of a person to use the services of a representative. The paper considers the proper moral aspect of A. N. Radishchev’s views in relation to the institution of property and concludes that the educator’s desire to recognize things as objects of property law and any person a subject of law. In terms of contract law, the author concludes that A. N. Radishchev reasonably believed that the subject of the contract must not contradict the law, and in the case of deliberate non-compliance with this principle by the parties, recognized the contract as invalid. As for the educator’s outlook on family law, it is focused on their value component: the voluntary nature of marriage; equality of spouses; proportionality of persons’ age when entering into marriage; the inadmissibility of understanding marriage as a simple civil transaction; the duty of parents to take care of children; the duty of children to selflessly and cordially honor their parents; freedom of inheritance by will with mandatory consideration of the interests of "illegitimate" children and "cohabitees".
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Payne, Julien D. "Divorce Reform in Canada: New Perspectives; An Analytical Review of Bill C-10 (Canada), 1984." Chronique de législation 15, no. 2 (2019): 359–83. http://dx.doi.org/10.7202/1059555ar.

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Bill C-10 (Canada), 1984 is entitled An Act to Amend the Divorce Act (R.S.C., 1970, c. 10). In reality, however, the fundamental character of some of the changes proposed therein constitutes a major reform of substantive divorce law and provides a limited foundation for radical changes in the adversarial legal process. The concept of “no-fault” divorce that was proposed by the Law Reform Commission of Canada in its Working Papers and Report on Family Law constitutes the basis of Bill C-10 with regard to the freedom to divorce and the judicial determination of the right to and quantum of spousal maintenance. But Bill C-10 provides little by way of a framework for the implementation of the Law Commission's recommendations for new processes that would ameliorate the injurious effects of the adversarial legal process. For example, the use of mediation as an alternative to the litigation of disputed issues is endorsed in clauses 5 and 16 of Bill C-10, but these clauses, and particularly clause 5, are badly drafted and are unlikely to foster mediated settlements where either lawyer representing the parties is intent on a battle in open court. Bill C-10 introduces much-needed policy objectives to assist the courts in determining whether spousal maintenance should be ordered on the dissolution of the marriage. Here again, however, the drafting is less precise than might be considered appropriate. The “best interests of the child” is declared to be the paramount criterion in applications for the maintenance, custody, care and upbringing of children, but no specific guidelines are provided with respect to the factors that might be relevant to a determination of a child's best interests. Joint custody orders and third party orders are expressly permitted, but not expressly encouraged, by clause 10 of Bill C-10. The jurisdictional requirements of section 5 (1) of the Divorce Act, R.S.C. 1970, c. D-8 have been simplified by clause 3 of Bill C-10, which retains only the one year ordinary residence requirement. Corresponding adjustments have been made to section 6 of the Divorce Act, which governs the recognition of foreign divorce decrees. Bill C-10 (Canada), 1984 thus constitutes a blending of the old and new. Whether this blend produces vintage wine or vinegar is a matter of opinion.
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30

Sarcevičienė, Jolita. "„Nieko negaliu nuveikti be tavo, širdele, valios...“ Teresės Rachelės Sapiegienės laiškai vyrui Antanui Kazimierui Sapiegai." XVIII amžiaus studijos T. 8: Lietuvos Didžioji Kunigaikštystė. Vyrai ir moterys, T. 8 (December 19, 2022): 178–206. http://dx.doi.org/10.33918/23516968-008010.

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There is nothing I can do without the will of my heart… Teresa’s Rachela’s Sapieżyna’s Letters to her Husband Antoni Kazimierz Sapieha Officially “excluded” from public and political life, women left little evidence of their activities or attitudes in legal or political documents, but their opinions and often highly personal statements have been preserved by epistolography. Although the circle of women correspondents was rather narrow, the subject matter, the form and the content of their correspondence, and even their writing style did not differ much from those of men. On the one hand, women’s letters were less focused on warfare or political issues par excellence; on the other, the addressers took a lively interest in public life, wrote extensively about family life, children, health, economic worries, or shared rumours. In their letters, the addressers not only conveyed the facts they had seen or experienced, but also formed a distinctive image of their intellectual abilities and personalities. The article is based on twenty-two letters written by Teresa Rachela Sapieżyna to her husband Antoni Kazimierz Sapieha, an elder of Merkinė, between April and October 1727. The article provides the context in which this correspondence arose as the letters reflect a period during which the A. K. Sapieha couple spent most of the time apart. Therefore, the letters were not only a means of maintaining an emotional relationship, but also a means of sharing updates on the work accomplished. The themes of the letters vary considerably. In her letters from Zelva from April to June, T. R. Sapieżyna writes about the daily affairs of the manor, her efforts to settle some of her husband’s debts, and her concern about his health. Meanwhile, the letters she wrote during her visit to Vilnius mostly inform her husband about her meetings with lawyers, the deputies of the Supreme Tribunal of the Grand Duchy of Lithuania, and about the fulfilment of her husband’s instructions. The content of the letters shows that T. R. Sapieżyna was familiar with her spouse’s concerns: she was well acquainted with his milieu and maintained contacts with his creditors, legal advisors, and other persons close to him. Therefore, she could not only assess various situations but also advise her husband; in exceptional cases, she would act on her own, resorting to the assistance both of the relatives and the wives of A. K. Sapieha’s clients or creditors, thus forming her own circle of influence. The article has two aims: (1) to actualise research on women’s correspondence in the Grand Duchy of Lithuania and (2) to define the spheres of women’s activity in the first half of the eighteenth century on the basis of the content of their letters, to define their relationship to the public space and the ways of functioning in it, and to reveal the potential of the correspondence for the reconstruction of the horizons of the female worldview. Keywords: Teresa Rachela Sapieżyna, women’s correspondence, Antoni Kazimierz Sapieha, health, daily life of a manor.
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31

Madero, Marta. "The Servitude of the Flesh from the Twelfth to the Fourteenth Century." Critical Analysis of Law 3, no. 1 (2016). http://dx.doi.org/10.33137/cal.v3i1.26455.

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This essay explores one of the distinctive features of Western Christian thought in the Middle Ages: medieval canon lawyers’ highly abstract and legalistic treatment of sexual intercourse within marriage, a product of their efforts to give legal meaning to the biblical injunction that spouses “shall be one flesh.” It does so by describing the lawyers’ development of a ius in corpus, a right of each spouse to the body of the other for the purpose of sexual intercourse. The canon lawyers treat the ius in corpus as a property right: either as one spouse’s ownership of the other’s body or as a real servitude--a type of easement--that the body of one spouse holds over the body of the other. Moreover, a spouse can demand that “possession” of that right be restored to him or her by court order. The canon lawyers’ reasoning “purifies” marital sex of its concrete, physical features and instead transforms it into a legal act that reifies the fiction of the one marital flesh.
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32

Romana Bano. "Spousal Sexual Abuse: The Worst of Domestic Violence." Propel Journal of Academic Research 1, no. 1 (2021). http://dx.doi.org/10.55464/pjar.v1i1.5.

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Objective is to seek public perception about spousal sexual abuse now in many part of the world known as spousal rape or marital rape. Marital rape is simply the sexual act without the implied or expressed consent of spouse. This paper addresses the element of marital rape in two local communities - Lyari and Clifton, in the city of Karachi, Pakistan. The topic is not new but the acceptability is; mostly people avoid discussing such taboos in the public, for them rape doesn’t exist in the marital life. To find out the true picture, we have conducted a qualitative survey the methodology that we are following is qualitative survey of general public married spouses from two areas and the public servants those deal with this phenomenon in their capacities including the lawyers, religious scholars, and non-profit organizers. Our sample size is 200 concerned individuals and is equally divided in two areas. We opted a random sampling method based on qualitative research to reach the target audience in both the localities with an assumption to find the real deal. Our research is based on the volunteering response of the people regarding the concerned query, not to trigger or force people to share their respective experience/s. Instruments of research are questioners filled in by spouses from both areas. Hypothesis were tested using the method of Z-Testing. The study will help us to clarify the public perception about unconsented sexual intercourse or spousal sexual harassment or marital rape.
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KHARITONOVA, YU S. "THE FATE OF THE RIGHT TO PARTICIPATE IN A BUSINESS COMPANY WHEN ALLOCATING A SPOUSAL SHARE IN THE AUTHORIZED CAPITAL OF AN LLC." Нотариальный вестник 11 (2023). http://dx.doi.org/10.53578/1819-6624_2023_11_5.

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Issues of ownership of a share in a corporation by a family have always attracted the attention of lawyers. In notarial practice, this area of legal expertise appears more often than ever. Spouses turn to a notary for certification of an agreement on the division of property, a marriage contract, registration of an inheritance, and in all cases it is necessary to take into account the practice of the courts in assessing the nuances of transferring to a spouse who did not participate in the establishment of a limited liability company (LLC) the rights to a share in the authorized capital of the LLC . Analysis of modern judicial practice allows us to formulate answers to the most pressing issues of transferring rights to a share in the authorized capital of an LLC between spouses, taking into account the legal nature of these relations.
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Ana, I. Wayan, Made Susini, and Ketut Subagia. "Legal Interpreters’ View on the Feedback from Users: A Case Study in Bali." INTERNATIONAL JOURNAL OF SOCIAL SCIENCE HUMANITY & MANAGEMENT RESEARCH 3, no. 01 (2024). http://dx.doi.org/10.58806/ijsshmr.2024.v3i1n06.

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The high volume of legal cases involving foreigners in Indonesia underscores the necessity for proficient legal interpreters, as not all foreigners possess a fluent command of the Indonesian language. As a result, the presence of legal interpreters is essential to aid foreigners navigating the legal system. The initial phase of research, which assessed the effectiveness and user experiences of legal interpreters in assisting foreigners throughout the legal proceedings, revealed that police officers engaged two categories of interpreters: ad hoc and professional interpreters. Ad hoc interpreters are temporary interpreters enlisted for specific purposes such as reporting or particular activities. These interpreters may include individuals like tour guides, drivers, spouses of foreigners, family members, and even household staff. On occasion, police officers also utilized colleagues, fellow officers, prosecutors, or lawyers proficient in English to act as legal interpreters. In contrast, professional interpreters often possess certification from reputable institutions, such as universities, translators' associations, or English language colleges, ensuring a strong command of English. According to perspectives from police officers, prosecutors, and lawyers, ad hoc interpreters tend to lack linguistic expertise and interpreting skills, leading to subpar interpretation quality. Conversely, professional interpreters exhibit superior linguistic knowledge and are largely proficient in interpreting, resulting in significantly improved interpretation services compared to ad hoc options. Legal practitioners who employ professional interpreters find their assistance invaluable. However, from the viewpoint of detainees, in-house interpreters or interpreters associated with law offices have a tendency to cast suspicion on the foreigners they assist and may steer them toward confessing to what the lawyers desire. Based on the results and discussion, it has been determined that non-professional interpreters correspond to the ad hoc interpreters as described in the initial year of research. The interpreters of this category engage in interpretation tasks only occasionally, typically ranging from 1 to 4 instances over a span of 1 to 2 years. Professional interpreters, on the contrary, are skilled language mediators proficient in English, possessing expertise in various interpreting methods, especially in legal contexts. They are affiliated with professional associations and boast over three years of practical experience. Out of a group of 10 proficient interpreters who responded to the questionnaires, three are employed full-time, while the remaining seven operate as independent freelancers. Among the three full-time interpreters, one is stationed in-house. However, these interpreters did not completely concur with the feedback provided by users. Out of the fifteen feedback points submitted by users, a majority believed that the feedback was somewhat inaccurate. Nonetheless, some points were acknowledged for valid reasons: Firstly, considering the high volume of cases presented at the police office, the interpreters might not be well-versed in all the requisite legal terminology. Additionally, not all legal interpreters have been involved in police office proceedings, which results in an unfamiliarity with interrogation methods and procedures. Secondly, instances of interpreters displaying partiality and assisting foreign clients could stem from a lack of comprehension regarding the ethical guidelines governing legal interpreters. Misunderstandings might arise from payment arrangements, briefings, and directives received from supervisors (in the case of in-house interpreters) or from the police (for freelancers). The involvement of lawyers, foreigners, or the police in their compensation might lead to interpreters providing advice, suggestions, and direction for foreigners to admit certain actions. However, only a small subset of interpreters is inclined to do so, while the majority refrains from such actions.
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Andrzejewski, Marek. "O potrzebie zmian w polskim prawie rozwodowym." Studia Prawnicze / The Legal Studies, 2016, 99–127. http://dx.doi.org/10.37232/sp.2016.3.4.

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The author discusses an always relevant problem of the model of the procedure for dissolving marriage. The problem is analyzed from the point of view not only of law, but also social sciences, primarily, psychology. He observes a presence of a dominant tendency nowadays to deemphasize the meaning of marriage and family, and to succumb to crisis and file for a divorce for banal reasons. The so called pro-divorce mentality translates into a tendency observed among judges to favour divorce. On the other hand, the author assesses the legal acts referring to divorce cases as reasonable, i.e. neither favoring nor facilitating divorce. Therefore, a need is emphasized to change the approach to the family in a critical situation. He suggests that in a family court instead of settling family legal problems an attempt should be made to solve them. To this effect, in local communities, special groups comprising psychologists, pedagogues, lawyers, social workers and other specialists should be set up. The ultimate goal for the groups would be to try to reconcile the spouses, to help them solve their family problems, including assistance in dealing with all divorce procedures. People dissatisfied with the proposal suggested by such a group might have a right to file a case in court. In court the proceedings should be held in compliance not with the so far applied adversarial principle but with the conciliatory principle.
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Moafi-Madani, Miremad, Muhammad Baig, Mary Roberts, and Charles Eaton. "Abstract P573: Educational Assortative Mating and Cardiovascular Outcomes." Circulation 147, Suppl_1 (2023). http://dx.doi.org/10.1161/circ.147.suppl_1.p573.

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Objective: To estimate the association between educational assortative mating and cardiovascular outcomes among postmenopausal women in the Women’s Health Initiative study. Background: Between 1970 and 2015, the number of dual professional couples almost tripled. For instance, the likelihood of male attorneys marrying female lawyers and male doctors marrying female doctors has increased. Studies have proposed that educational assortative mating—people marry those with similar educational attainment--affects health disparities through increasing income inequality, creating differential levels of healthcare access, and based on the social cognitive theory, exchanging health knowledge and sharing healthy behaviors. Methods: We compared women living in three homogenous educational pairings; married women and spouses who both have 1) a high school degree or lower, 2) an associate or college degree, and 3) an MS, Ph.D., or professional degree. We used logistic regression models for prevalent outcomes (HTN, CHD, HF) at WHI baseline and Cox proportional hazard regression models for incident outcomes, all adjusted for age and total household income. To consider effect modification by membership in different racial or ethnic groups, we also conducted a stratified analysis. Results: We found significant associations between educational assortative mating and all cardiovascular outcomes within all groups of women. We found higher odds of prevalent cardiovascular outcomes ranging from 47 to 98 percent and a higher hazard of incident outcomes ranging from 24 to 56 percent. The strongest associations were found for prevalent and incident heart failure among Black women. Conclusion: This study provides evidence that educational assortative mating is likely a contributor to widening disparities in cardiovascular outcomes within and between racial groups of women.
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Khullar, Ritu. "Dale Gibson: Scholar, Teacher, Lawyer, and Man of Principle." Alberta Law Review, July 6, 2022, 785. http://dx.doi.org/10.29173/alr2697.

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When I was invited to speak at the March 2020 Alberta Law Review Annual Reception, I decided to talk about Dale Gibson, my friend, mentor, and former colleague. I wanted to do so because I believe his contributions to the law have sometimes been overlooked. I was delighted that Dale and his spouse, Sandra Anderson, would be able to attend the Reception so that I could celebrate Dale in person. Then, the event was cancelled because of the COVID-19 pandemic. So everything was rescheduled for March 2021. This gave me time to further develop my remarks and turn them into this article. Then the 2021 Reception was also cancelled because of the pandemic. Dale’s health was deteriorating so I gave him a draft of the article for review and comment. This resulted in a lovely visit with me, my spouse Robert, and Dale and Sandra where we shared many memories. And, of course with Dale, to still receive some insightful comments on the draft despite his health. Dale passed away at the age of 88 in January 2022. So, while he never got to hear me pay tribute to him, he did get to read a draft of the article. In this article I have attempted to provide an overview of some the qualities that infused Dale’s work, and in that way introduce readers to some the areas of his legal scholarship and practice. In the two appendices I also include two selected lists: his professional contributions and his publications. However, I realized in writing this abstract after Dale’s death that the article does not introduce you to the decent, kind, humble, generous, curious, and joyful person that was Dale. To learn more you will have to attend the Alberta Law Review Annual Reception in 2023 (since the 2022 one was also cancelled because of the COVID-19 pandemic). I am so grateful that I got to know Dale. I met him while an articling student at a large private law firm in Edmonton, and worked with him there. After he left to start his own boutique constitutional law firm, he asked me to join him. Joining Dale was the hardest and best decision of my career. I would not be where I am today, had I not done so. The following does not do Dale justice, but it is a beginning.
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Phillips, Joel, Stacy Dixon, Tracy Koehler, and Benzi Kluger. "Advance Care Planning Among Patients With Amyotrophic Lateral Sclerosis: Patient Perspectives on Goals of Care Conversations." American Journal of Hospice and Palliative Medicine®, April 27, 2023, 104990912311729. http://dx.doi.org/10.1177/10499091231172901.

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Introduction Little is known regarding circumstances surrounding advanced care planning (ACP) for patients with amyotrophic lateral sclerosis (ALS). We aim to describe preferences, and perspectives surrounding ACP in patients with ALS. Methods We conducted a survey of patients with ALS. Survey questions were related to advance directive completion and ACP discussions regarding end-of-life (EoL) choices. Results 49 surveys were included. Patients have given thought to advance directives, goals of care, and EoL treatments within months of diagnosis (Median: 1 month; IQR: .6 – 3 months). Twenty-seven opened dialogue with spouses, 24 with family members, 19 with health professionals and 16 with their lawyer. Eighty percent were comfortable discussing advance directives and power of attorney while fewer (70%) are less comfortable regarding specific aspects of care such as CPR or invasive ventilation. Only one barrier to discussion was identified with one patient reporting they did not wish to talk about the topic. There was no significant correlation between timing of diagnosis and whether an EoL discussion had occurred (τb = .23, P = .14: n = 42). Level of feeling informed was significantly associated with making EoL decisions for CPR, legal arrangements for a decision maker and completion of living will or AD. Conclusion In this small cohort, a substantial proportion of ALS patients initiated EoL conversations early. When feeling informed, patients were more likely to make specific EoL choices. Findings suggest an opportunity for providers to help facilitate conversations, ensuring patient wishes.
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Newman, Felicity, Tracey Summerfield, and Reece Plunkett. "Three Cultures from the "Inside"." M/C Journal 3, no. 2 (2000). http://dx.doi.org/10.5204/mcj.1840.

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Prologue It's not what I am but what I do. Or is it? The relationship between doing and being is the theme of these three explorations of cultural "identity". The first is a search for the ways in which the Jewish preoccupation with eating, talking, and talking-about-eating, works to create, embody, enact, and/or produce Jewishness. Felicity provides an example of the formation of identities through one specific practice: "eating". Tracey questions the use of identity in a particular site: law. She replaces the notion of identity with something ostensibly different which is based on a collection of practices. The concept of a collection of practices is picked up by Reece as a way of doing something other than (the usual understanding of) "identity politics" with sexual subjectivities. If a conclusion can be taken away from these three related pieces, it would be that one can't help but fall into cultural or collective subject positions, regardless of the problematic of essentialised identities, but that these are derived from common (ordinary, everyday) cultural practices. It is the doing that gives rise to the being. These remain crucial sites of investigation. The Jew: Felicity It's nauseating really, the clamour to claim an identity: ethnicity is particularly fashionable. But then I can say that, because I'm ethnic, even if "impossibly" (as Jon Stratton puts it). Suddenly everyone is searching the attic; ethnicities which were once millstones have now become markers. I'm not so sure how much otherness I can claim, though. After all, where I grew up, in Bondi, being Jewish was de rigeur and consequently mundane. Removing myself made me different. It was only after leaving Bondi that I experienced anti-semitism. Living without Jews I have become very Jewish, if fraudulently. Certainly, I'm seen to be ethnic, and academia embraces means 'authentic'. But I have known "real" Jews, so I know myself to be "not them", and this still doesn't displace my suspicion of the concept of authenticity because, after all, I don't say "there is an authentic", I say "I'm not it". I eat ham on Saturday. My parents were not Holocaust survivors. I'm not married, let alone to a Jew. Even so, I have a mezzuzah on my door. It lives comfortably with my pantheism. My child is Jewish. I cook matzo balls that are fluffy everytime. Of course, we could say, it's "globalisation" and that "postmodern" blurring of boundaries that's behind it all. As we intermarry, eat each other's food and become more alike, we desperately search for ways of inscribing difference. Jewish food may not be as sexy as Thai, but it too has been appropriated. Just think of the bagel. Jewish food, the ways of eating it and the talk which goes on about it, and while eating it, are what have made me feel Jewish. I use Jewish food and foodways to introduce my child to the notion of being Jewish in an even more secular world than the one I inhabited as a child. I once asked my mother why she cut the claws off chicken wings before cooking them. -- Because we're Jewish, that's what we do. I have never forgotten; I always cut the claws off, even if I'm only making stock. I never even asked why again, and I don't think she could have told me anyway. Jewish foodways serve to make Jews conscious of their difference when performing the most mundane of everyday acts. We're talking about creating certain kinds of (perhaps "docile") bodies here, bodies whose every act reinscribes their cultural identity. Eating ham makes me feel Jewish because I shouldn't do it. When I do, I am not just anybody eating a ham sandwich; I am Jew eating ham -- it is an abomination and I know this even if I don't believe it. So what does it mean to be Jewish and how does it show? Are there any necessary and sufficient parameters of Jewishness (and I mean this in a cultural rather than a strictly religious sense)? Because there's "being Jewish" and there's "being recognised as being Jewish". I recently ran into a woman, an academic I'd met several times before, only this time I was wearing my Magen David. -- Oh! she said, you are Jewish, I thought so... . I am too, but it's not the sort of thing you ask somebody. We both laughed, then I said: -- Yes, but our mothers would! Jews recognise each other as such, when gentiles might not, and this is probably true of many groups linked by cultural practices. How does this happen, how do you learn to become Jewish? My answer is that it's all about food, and the ultimate expression of the importance of food to Jews is the Seder, an occasion when story and food combine in such a way that the meal tells a story, the story of Exodus. And just to give it a little extra cachet, that meal has also become a defining moment for Christianity. I employ the Seder as my vehicle for the exploration of Jewishness; as a metaphor for Jewish foodways. Passover is a lot like Christmas, because even the most secular of Jews will pay lip-service, even if it's just the purchase of a box of matzo. My mission appears to find out how it is that this preoccupation with eating, talking and talking-about-eating works to create Jewishness. The Lawyer: Tracey My colleagues speak here of "identities". Such a sexy tag. But describing myself as "a lawyer" doesn't exactly feel too sexy. It feels a little fraudulent as well, since I do law but I don't practice law in the conventional sense. I don't own a briefcase; playing dress-ups is donning my Spice Girls boots. If I were to wear a wig, it wouldn't be grey. And the closest I get to St Georges Terrace (aka "Law Suit Drive") is the Perth Myers store. So what is the marker of authenticity for these other identity groups, vis-à-vis my own? How is that I "do" law (probably as well as Reece does lesbian and Felicity does Jewish) and yet I'm not counted as lawyer? The difference might be the degree to which "identity" touches upon one's soul, one's sense of being. And while "doing law" might connect me to a fraternity of other people who do law in a variety of ways, it's not what I am when I wake up on a non-work morning. It's what I do, but it isn't what I am. Law may have a culture, but it isn't a culture. This isn't to say that studying law and taking on the professional mantle of law doesn't affect me outside of work. Clearly, to engage with any discipline, even on a purely "academic" level, I must establish that I can engage with it discursively. I'd have to consult with my learned friends on this one, but I submit that the flow between this particular work life and home life is not transparent to those who knew me BL (before law) and AL (after law). But it only touches my identity on the fringes. It's not centrally a part of my being. There might be radars that are alerted from Jew to Jew, or from lesbian to lesbian without a word being spoken. But take a lawyer out of the space of work and I doubt that you'd recognise her as one. No law-person-to-law-person "wink" or tilt of the head; no "I know what you do, so do I" sort of look. And yet clearly there are ways in which those doing law, whether through practising, studying or teaching, do form alliances and adopt markers of community, apart from the driving of quite posh cars (perhaps there's even a signature car for successful law people, a community of which I'm patently not a part). There are cultural associations. However, these aren't necessarily attached simply to law as a broad category. Instead, I think the attachments exist in the ways in which one engages with the law; they're loose groupings formed on the basis of what it is one wishes to achieve with and through that institution. This might be what permits a parallel between my "community" -- or whatever it is one wishes to call their social organisation -- and the communities (aka "identities") of my co-writers. That is, while my identity might not be constructed with a view to law-ing, I will at times come into play with others who read law, becoming part of a community of people who read law in a particular (for example, legalistic) fashion. At other times, I might do law in other ways with other people; for example with feminist lawyers, thereby becoming part of a different community. It's about the practices upon which we hang these relationships. It's what is done and for what purpose. Isn't this what one does when coming together with others under a single "identity", or when they form alliances within that identity grouping? In short, I might not have a sexy identity but, no doubt, I have something that looks like identity in the formation of communities of practices. I might not walk proud, but at different times, for different reasons, I belong -- and at other times, I don't. The Dyke: Reece Who are we and how does that relate to politics? Having spent a futile decade or more trying to get the answer right, many of us gave up and argued that the question was wrong. Insisting that it's 'our' party (organisation, collective, music festival, nightclub, Mardi Gras, Pride parade...) didn't help because the next round of questions always returned -- or at least threatened to -- to questions like: "Who do we mean when we say 'ours'?" "Who don't we mean?" "Who makes the guest list, and who gets to spend the evening in the 'bin' (repository of undesirables)?" Besides, "Who decides anyway?" Not having recourse to a "proper" answer -- the sort of answer one could give a quick press and pop on for any occasion -- one strategy has been to depend on a sort of tactical vagueness when drawing up the guest list. "Not straight" will do. But, given that straight is taken as "heteronormative" (the "two point two kids, one spouse, good suburb, lights on, no fantasy, pervert free" model in which sex/gender/sexuality are not only true, but line up, utterly), such a move makes for a potentially exhaustive list. So "queer" becomes the statistical norm. And who, except the Rev Fred and the WA Liberal government front bench, would elect to be seen dead in a yesterday category like "heteronormative"? A related, and much stronger version of this, is to argue that identity, as in identity politics, is neither possible nor desirable. The problem, it seems, is not the content of GLBTQ or whatever identity categories, but our understanding of identity per se. In some wild and woeful accounts, however, a lack of absolute identity slides into an absolute lack of identity (no essential identity, therefore, essentially, no identity), making any claim to an "us" necessarily futile. Post "identity politics" becomes "post-identity" politics. And even if identity were possible, the story goes, it is a regulatory regime. As such, it creates a "bin", an anathema to an anti-oppressive politic. If sexuality is fluid, mobile, partial, not reducible to the homo/heterodivide etc., then the most useful project would be to destabilise the regulatory regimes by which the logic of identity (and the bin) is held in place. These moves, simultaneously, mobilise an all-inclusive category (queer), retain specificities (G,L,B,T,Q) and undo the whole edifice (queer as critique of all "identity"). Another move is, of course, to avoid the mistake of slipping between "no absolute truth" and "absolutely no truth" and, instead, to ask how we go about making up what we do, including who we are, (à la Sedgwick, Halberstram, etc.), what purpose it serves, and for whom. My question then is how "same-sex" has been used, by what "communities of sign users", in the formation of which subject positions, and with what effects. Sometimes the "community of sign users" is the same as "queer community" ("queer community" may be an oxymoron in some quarters, but there are no signs of its immanent withdrawal from "community" circulation, regardless of contamination or logical impossibility). In other instances, the "community of sign users" is not so readily identified in terms of our existing identity markers (maybe we need Eve's nonce taxonomies?), like "pro- and anti-gay law reformists" for instance. And sometimes the subjectivities in question are marked "queerly" (G,L,B,T,Q, for example(s)). Others are not necessarily marked as "sexual" at all, yet are brought into being by and for their relation to queer (in the extended sense). The "Average West Australian", for instance, bears a very specific relation to "same-sex" when used by Peter Foss (W.A. Attorney-General) to argue for continuing legalised discrimination on the grounds of sexuality. Critiques of "identity politics" rightly focus on the nonsense that what we do, unproblematically, is who or what we are. Nevertheless, some sense of 'who or what', some sense of identity, remains crucial to the ways in which we (and they) negotiate the world, even if that identity, like the "Average West Australian", is not necessarily understood as such. Citation reference for this article MLA style: Felicity Newman, Tracey Summerfield & Reece Plunkett. "Three Cultures from the "Inside": or, A Jew, a Lawyer and a Dyke Go into This Bar..." M/C: A Journal of Media and Culture 3.2 (2000). [your date of access] <http://www.api-network.com/mc/0005/country.php>. Chicago style: Felicity Newman, Tracey Summerfield & Reece Plunkett, "Three Cultures from the "Inside": or, A Jew, a Lawyer and a Dyke Go into This Bar...," M/C: A Journal of Media and Culture 3, no. 2 (2000), <http://www.api-network.com/mc/0005/country.php> ([your date of access]). APA style: Felicity Newman, Tracey Summerfield & Reece Plunkett. (2000) Three cultures from the "inside": or, a jew, a lawyer and a dyke go into this bar... M/C: A Journal of Media and Culture 3(2). <http://www.api-network.com/mc/0005/country.php> ([your date of access]).
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40

Stewart, Jon. "Oh Blessed Holy Caffeine Tree: Coffee in Popular Music." M/C Journal 15, no. 2 (2012). http://dx.doi.org/10.5204/mcj.462.

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Introduction This paper offers a survey of familiar popular music performers and songwriters who reference coffee in their work. It examines three areas of discourse: the psychoactive effects of caffeine, coffee and courtship rituals, and the politics of coffee consumption. I claim that coffee carries a cultural and musicological significance comparable to that of the chemical stimulants and consumer goods more readily associated with popular music. Songs about coffee may not be as potent as those featuring drugs and alcohol (Primack; Schapiro), or as common as those referencing commodities like clothes and cars (Englis; McCracken), but they do feature across a wide range of genres, some of which enjoy archetypal associations with this beverage. m.o.m.m.y. Needs c.o.f.f.e.e.: The Psychoactive Effect of Coffee The act of performing and listening to popular music involves psychological elements comparable to the overwhelming sensory experience of drug taking: altered perceptions, repetitive grooves, improvisation, self-expression, and psychological empathy—such as that between musician and audience (Curry). Most popular music genres are, as a result, culturally and sociologically identified with the consumption of at least one mind-altering substance (Lyttle; Primack; Schapiro). While the analysis of lyrics referring to this theme has hitherto focused on illegal drugs and alcoholic beverages (Cooper), coffee and its psychoactive ingredient caffeine have been almost entirely overlooked (Summer). The most recent study of drugs in popular music, for example, defined substance use as “tobacco, alcohol, marijuana, cocaine and other stimulants, heroin and other opiates, hallucinogens, inhalants, prescription drugs, over-the-counter drugs, and nonspecific substances” (Primack 172), thereby ignoring a chemical stimulant consumed by 90 per cent of adult Americans every day (Lovett). The wide availability of coffee and the comparatively mild effect of caffeine means that its consumption rarely causes harm. One researcher has described it as a ubiquitous and unobtrusive “generalised public activity […] ‘invisible’ to analysts seeking distinctive social events” (Cooper 92). Coffee may provide only a relatively mild “buzz”—but it is now accepted that caffeine is an addictive substance (Juliano) and, due to its universal legality, coffee is also the world’s most extensively traded and enthusiastically consumed psychoactive consumer product (Juliano 1). The musical genre of jazz has a longstanding relationship with marijuana and narcotics (Curry; Singer; Tolson; Winick). Unsurprisingly, given its Round Midnight connotations, jazz standards also celebrate the restorative impact of coffee. Exemplary compositions include Burke/Webster’s insomniac torch song Black Coffee, which provided hits for Sarah Vaughan (1949), Ella Fitzgerald (1953), and Peggy Lee (1960); and Frank Sinatra’s recordings of Hilliard/Dick’s The Coffee Song (1946, 1960), which satirised the coffee surplus in Brazil at a time when this nation enjoyed a near monopoly on production. Sinatra joked that this ubiquitous drink was that country’s only means of liquid refreshment, in a refrain that has since become a headline writer’s phrasal template: “There’s an Awful Lot of Coffee in Vietnam,” “An Awful Lot of Coffee in the Bin,” and “There’s an Awful Lot of Taxes in Brazil.” Ethnographer Aaron Fox has shown how country music gives expression to the lived social experience of blue-collar and agrarian workers (Real 29). Coffee’s role in energising working class America (Cooper) is featured in such recordings as Dolly Parton’s Nine To Five (1980), which describes her morning routine using a memorable “kitchen/cup of ambition” rhyme, and Don't Forget the Coffee Billy Joe (1973) by Tom T. Hall which laments the hardship of unemployment, hunger, cold, and lack of healthcare. Country music’s “tired truck driver” is the most enduring blue-collar trope celebrating coffee’s analeptic powers. Versions include Truck Drivin' Man by Buck Owens (1964), host of the country TV show Hee Haw and pioneer of the Bakersfield sound, and Driving My Life Away from pop-country crossover star Eddie Rabbitt (1980). Both feature characteristically gendered stereotypes of male truck drivers pushing on through the night with the help of a truck stop waitress who has fuelled them with caffeine. Johnny Cash’s A Cup of Coffee (1966), recorded at the nadir of his addiction to pills and alcohol, has an incoherent improvised lyric on this subject; while Jerry Reed even prescribed amphetamines to keep drivers awake in Caffein [sic], Nicotine, Benzedrine (And Wish Me Luck) (1980). Doye O’Dell’s Diesel Smoke, Dangerous Curves (1952) is the archetypal “truck drivin’ country” song and the most exciting track of its type. It subsequently became a hit for the doyen of the subgenre, Red Simpson (1966). An exhausted driver, having spent the night with a woman whose name he cannot now recall, is fighting fatigue and wrestling his hot-rod low-loader around hairpin mountain curves in an attempt to rendezvous with a pretty truck stop waitress. The song’s palpable energy comes from its frenetic guitar picking and the danger implicit in trailing a heavy load downhill while falling asleep at the wheel. Tommy Faile’s Phantom 309, a hit for Red Sovine (1967) that was later covered by Tom Waits (Big Joe and the Phantom 309, 1975), elevates the “tired truck driver” narrative to gothic literary form. Reflecting country music’s moral code of citizenship and its culture of performative storytelling (Fox, Real 23), it tells of a drenched and exhausted young hitchhiker picked up by Big Joe—the driver of a handsome eighteen-wheeler. On arriving at a truck stop, Joe drops the traveller off, giving him money for a restorative coffee. The diner falls silent as the hitchhiker orders up his “cup of mud”. Big Joe, it transpires, is a phantom trucker. After running off the road to avoid a school bus, his distinctive ghost rig now only reappears to rescue stranded travellers. Punk rock, a genre closely associated with recreational amphetamines (McNeil 76, 87), also features a number of caffeine-as-stimulant songs. Californian punk band, Descendents, identified caffeine as their drug of choice in two 1996 releases, Coffee Mug and Kids on Coffee. These songs describe chugging the drink with much the same relish and energy that others might pull at the neck of a beer bottle, and vividly compare the effects of the drug to the intense rush of speed. The host of “New Music News” (a segment of MTV’s 120 Minutes) references this correlation in 1986 while introducing the band’s video—in which they literally bounce off the walls: “You know, while everybody is cracking down on crack, what about that most respectable of toxic substances or stimulants, the good old cup of coffee? That is the preferred high, actually, of California’s own Descendents—it is also the subject of their brand new video” (“New Music News”). Descendents’s Sessions EP (1997) featured an overflowing cup of coffee on the sleeve, while punk’s caffeine-as-amphetamine trope is also promulgated by Hellbender (Caffeinated 1996), Lagwagon (Mr. Coffee 1997), and Regatta 69 (Addicted to Coffee 2005). Coffee in the Morning and Kisses in the Night: Coffee and Courtship Coffee as romantic metaphor in song corroborates the findings of early researchers who examined courtship rituals in popular music. Donald Horton’s 1957 study found that hit songs codified the socially constructed self-image and limited life expectations of young people during the 1950s by depicting conservative, idealised, and traditional relationship scenarios. He summarised these as initial courtship, honeymoon period, uncertainty, and parting (570-4). Eleven years after this landmark analysis, James Carey replicated Horton’s method. His results revealed that pop lyrics had become more realistic and less bound by convention during the 1960s. They incorporated a wider variety of discourse including the temporariness of romantic commitment, the importance of individual autonomy in relationships, more liberal attitudes, and increasingly unconventional courtship behaviours (725). Socially conservative coffee songs include Coffee in the Morning and Kisses in the Night by The Boswell Sisters (1933) in which the protagonist swears fidelity to her partner on condition that this desire is expressed strictly in the appropriate social context of marriage. It encapsulates the restrictions Horton identified on courtship discourse in popular song prior to the arrival of rock and roll. The Henderson/DeSylva/Brown composition You're the Cream in My Coffee, recorded by Annette Hanshaw (1928) and by Nat King Cole (1946), also celebrates the social ideal of monogamous devotion. The persistence of such idealised traditional themes continued into the 1960s. American pop singer Don Cherry had a hit with Then You Can Tell Me Goodbye (1962) that used coffee as a metaphor for undying and everlasting love. Otis Redding’s version of Butler/Thomas/Walker’s Cigarettes and Coffee (1966)—arguably soul music’s exemplary romantic coffee song—carries a similar message as a couple proclaim their devotion in a late night conversation over coffee. Like much of the Stax catalogue, Cigarettes and Coffee, has a distinctly “down home” feel and timbre. The lovers are simply content with each other; they don’t need “cream” or “sugar.” Horton found 1950s blues and R&B lyrics much more sexually explicit than pop songs (567). Dawson (1994) subsequently characterised black popular music as a distinct public sphere, and Squires (2002) argued that it displayed elements of what she defined as “enclave” and “counterpublic” traits. Lawson (2010) has argued that marginalised and/or subversive blues artists offered a form of countercultural resistance against prevailing social norms. Indeed, several blues and R&B coffee songs disregard established courtship ideals and associate the product with non-normative and even transgressive relationship circumstances—including infidelity, divorce, and domestic violence. Lightnin’ Hopkins’s Coffee Blues (1950) references child neglect and spousal abuse, while the narrative of Muddy Waters’s scorching Iodine in my Coffee (1952) tells of an attempted poisoning by his Waters’s partner. In 40 Cups of Coffee (1953) Ella Mae Morse is waiting for her husband to return home, fuelling her anger and anxiety with caffeine. This song does eventually comply with traditional courtship ideals: when her lover eventually returns home at five in the morning, he is greeted with a relieved kiss. In Keep That Coffee Hot (1955), Scatman Crothers supplies a counterpoint to Morse’s late-night-abandonment narrative, asking his partner to keep his favourite drink warm during his adulterous absence. Brook Benton’s Another Cup of Coffee (1964) expresses acute feelings of regret and loneliness after a failed relationship. More obliquely, in Coffee Blues (1966) Mississippi John Hurt sings affectionately about his favourite brand, a “lovin’ spoonful” of Maxwell House. In this, he bequeathed the moniker of folk-rock band The Lovin’ Spoonful, whose hits included Do You Believe in Magic (1965) and Summer in the City (1966). However, an alternative reading of Hurt’s lyric suggests that this particular phrase is a metaphorical device proclaiming the author’s sexual potency. Hurt’s “lovin’ spoonful” may actually be a portion of his seminal emission. In the 1950s, Horton identified country as particularly “doleful” (570), and coffee provides a common metaphor for failed romance in a genre dominated by “metanarratives of loss and desire” (Fox, Jukebox 54). Claude Gray’s I'll Have Another Cup of Coffee (Then I’ll Go) (1961) tells of a protagonist delivering child support payments according to his divorce lawyer’s instructions. The couple share late night coffee as their children sleep through the conversation. This song was subsequently recorded by seventeen-year-old Bob Marley (One Cup of Coffee, 1962) under the pseudonym Bobby Martell, a decade prior to his breakthrough as an international reggae star. Marley’s youngest son Damian has also performed the track while, interestingly in the context of this discussion, his older sibling Rohan co-founded Marley Coffee, an organic farm in the Jamaican Blue Mountains. Following Carey’s demonstration of mainstream pop’s increasingly realistic depiction of courtship behaviours during the 1960s, songwriters continued to draw on coffee as a metaphor for failed romance. In Carly Simon’s You’re So Vain (1972), she dreams of clouds in her coffee while contemplating an ostentatious ex-lover. Squeeze’s Black Coffee In Bed (1982) uses a coffee stain metaphor to describe the end of what appears to be yet another dead-end relationship for the protagonist. Sarah Harmer’s Coffee Stain (1998) expands on this device by reworking the familiar “lipstick on your collar” trope, while Sexsmith & Kerr’s duet Raindrops in my Coffee (2005) superimposes teardrops in coffee and raindrops on the pavement with compelling effect. Kate Bush’s Coffee Homeground (1978) provides the most extreme narrative of relationship breakdown: the true story of Cora Henrietta Crippin’s poisoning. Researchers who replicated Horton’s and Carey’s methodology in the late 1970s (Bridges; Denisoff) were surprised to find their results dominated by traditional courtship ideals. The new liberal values unearthed by Carey in the late 1960s simply failed to materialise in subsequent decades. In this context, it is interesting to observe how romantic coffee songs in contemporary soul and jazz continue to disavow the post-1960s trend towards realistic social narratives, adopting instead a conspicuously consumerist outlook accompanied by smooth musical timbres. This phenomenon possibly betrays the influence of contemporary coffee advertising. From the 1980s, television commercials have sought to establish coffee as a desirable high end product, enjoyed by bohemian lovers in a conspicuously up-market environment (Werder). All Saints’s Black Coffee (2000) and Lebrado’s Coffee (2006) identify strongly with the culture industry’s image of coffee as a luxurious beverage whose consumption signifies prominent social status. All Saints’s promotional video is set in a opulent location (although its visuals emphasise the lyric’s romantic disharmony), while Natalie Cole’s Coffee Time (2008) might have been itself written as a commercial. Busting Up a Starbucks: The Politics of Coffee Politics and coffee meet most palpably at the coffee shop. This conjunction has a well-documented history beginning with the establishment of coffee houses in Europe and the birth of the public sphere (Habermas; Love; Pincus). The first popular songs to reference coffee shops include Jaybird Coleman’s Coffee Grinder Blues (1930), which boasts of skills that precede the contemporary notion of a barista by four decades; and Let's Have Another Cup of Coffee (1932) from Irving Berlin’s depression-era musical Face The Music, where the protagonists decide to stay in a restaurant drinking coffee and eating pie until the economy improves. Coffee in a Cardboard Cup (1971) from the Broadway musical 70 Girls 70 is an unambiguous condemnation of consumerism, however, it was written, recorded and produced a generation before Starbucks’ aggressive expansion and rapid dominance of the coffee house market during the 1990s. The growth of this company caused significant criticism and protest against what seemed to be a ruthless homogenising force that sought to overwhelm local competition (Holt; Thomson). In response, Starbucks has sought to be defined as a more responsive and interactive brand that encourages “glocalisation” (de Larios; Thompson). Koller, however, has characterised glocalisation as the manipulative fabrication of an “imagined community”—whose heterogeneity is in fact maintained by the aesthetics and purchasing choices of consumers who make distinctive and conscious anti-brand statements (114). Neat Capitalism is a more useful concept here, one that intercedes between corporate ideology and postmodern cultural logic, where such notions as community relations and customer satisfaction are deliberately and perhaps somewhat cynically conflated with the goal of profit maximisation (Rojek). As the world’s largest chain of coffee houses with over 19,400 stores in March 2012 (Loxcel), Starbucks is an exemplar of this phenomenon. Their apparent commitment to environmental stewardship, community relations, and ethical sourcing is outlined in the company’s annual “Global Responsibility Report” (Vimac). It is also demonstrated in their engagement with charitable and environmental non-governmental organisations such as Fairtrade and Co-operative for Assistance and Relief Everywhere (CARE). By emphasising this, Starbucks are able to interpellate (that is, “call forth”, “summon”, or “hail” in Althusserian terms) those consumers who value environmental protection, social justice and ethical business practices (Rojek 117). Bob Dylan and Sheryl Crow provide interesting case studies of the persuasive cultural influence evoked by Neat Capitalism. Dylan’s 1962 song Talkin’ New York satirised his formative experiences as an impoverished performer in Greenwich Village’s coffee houses. In 1995, however, his decision to distribute the Bob Dylan: Live At The Gaslight 1962 CD exclusively via Starbucks generated significant media controversy. Prominent commentators expressed their disapproval (Wilson Harris) and HMV Canada withdrew Dylan’s product from their shelves (Lynskey). Despite this, the success of this and other projects resulted in the launch of Starbucks’s in-house record company, Hear Music, which released entirely new recordings from major artists such as Ray Charles, Paul McCartney, Joni Mitchell, Carly Simon and Elvis Costello—although the company has recently announced a restructuring of their involvement in this venture (O’Neil). Sheryl Crow disparaged her former life as a waitress in Coffee Shop (1995), a song recorded for her second album. “Yes, I was a waitress. I was a waitress not so long ago; then I won a Grammy” she affirmed in a YouTube clip of a live performance from the same year. More recently, however, Crow has become an avowed self-proclaimed “Starbucks groupie” (Tickle), releasing an Artist’s Choice (2003) compilation album exclusively via Hear Music and performing at the company’s 2010 Annual Shareholders’s Meeting. Songs voicing more unequivocal dissatisfaction with Starbucks’s particular variant of Neat Capitalism include Busting Up a Starbucks (Mike Doughty, 2005), and Starbucks Takes All My Money (KJ-52, 2008). The most successful of these is undoubtedly Ron Sexsmith’s Jazz at the Bookstore (2006). Sexsmith bemoans the irony of intense original blues artists such as Leadbelly being drowned out by the cacophony of coffee grinding machines while customers queue up to purchase expensive coffees whose names they can’t pronounce. In this, he juxtaposes the progressive patina of corporate culture against the circumstances of African-American labour conditions in the deep South, the shocking incongruity of which eventually cause the old bluesman to turn in his grave. Fredric Jameson may have good reason to lament the depthless a-historical pastiche of postmodern popular culture, but this is no “nostalgia film”: Sexsmith articulates an artfully framed set of subtle, sensitive, and carefully contextualised observations. Songs about coffee also intersect with politics via lyrics that play on the mid-brown colour of the beverage, by employing it as a metaphor for the sociological meta-narratives of acculturation and assimilation. First popularised in Israel Zangwill’s 1905 stage play, The Melting Pot, this term is more commonly associated with Americanisation rather than miscegenation in the United States—a nuanced distinction that British band Blue Mink failed to grasp with their memorable invocation of “coffee-coloured people” in Melting Pot (1969). Re-titled in the US as People Are Together (Mickey Murray, 1970) the song was considered too extreme for mainstream radio airplay (Thompson). Ike and Tina Turner’s Black Coffee (1972) provided a more accomplished articulation of coffee as a signifier of racial identity; first by associating it with the history of slavery and the post-Civil Rights discourse of African-American autonomy, then by celebrating its role as an energising force for African-American workers seeking economic self-determination. Anyone familiar with the re-casting of black popular music in an industry dominated by Caucasian interests and aesthetics (Cashmore; Garofalo) will be unsurprised to find British super-group Humble Pie’s (1973) version of this song more recognisable. Conclusion Coffee-flavoured popular songs celebrate the stimulant effects of caffeine, provide metaphors for courtship rituals, and offer critiques of Neat Capitalism. Harold Love and Guthrie Ramsey have each argued (from different perspectives) that the cultural micro-narratives of small social groups allow us to identify important “ethnographic truths” (Ramsey 22). Aesthetically satisfying and intellectually stimulating coffee songs are found where these micro-narratives intersect with the ethnographic truths of coffee culture. 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