Abstract
Since globalization is not only restricted to economic and political relationships, but literally ‘hits home’, it has become indispensable to look beyond national boundaries and to take international developments into account in the field of family law. Hence, comparative family law is blooming. The core part of this contribution to the special issue on ‘Current Debates in Family Law around the Globe’ is aimed at framing the context of comparative family law. The main questions are: How is comparative family law perceived by the academic community and practitioners alike? What should it entail? In the attempt to find answers to these questions, several comparative family law projects, which have been carried out both in Europe and in the United States, have been compared. Whereas family law experts in Europe decidedly contribute to the comparative law methodology debate, similar discussions seemingly do not take place in the United States. It has been examined why this may be the case.
Highlights
Regardless of whether globalization is to be applauded or condemned, it has had the undeniable effect of bringing more people and cultures together
The result for the family law practitioner is a world of new and challenging legal issues as well as new possibilities prompted by the cross-fertilization of legal ideas.[1]
In the main body of the article, some general ideas as to how comparative family law is perceived and what it should entail are presented whereby reference is made to more recent developments in Europe and the United States
Summary
The invitation by the editorial board of the Utrecht Law Review to edit this special issue about ‘Current Debates in Family Law around the Globe’ provides an exciting opportunity to reflect on the elements, aspects, dimensions, scope and method of comparative family law. Given the fact that about three weeks before this event takes place the special issue of the Utrecht Law Review will be published all participants will be able to read the contributions of their colleagues in advance many of whom are dealing with the same problem in a different jurisdiction. It is this author’s expectation that this will result in an in-depth discussion of the problems and concerns at a high academic level. A summary of the discussion and eventually some recommendations might be added to this volume at a later stage given the electronic nature of this journal
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