From 'Bidie-in' to 'Cohabitant' in Scotland: The Perils of Legislative Compromise

Sutherland, Elaine E.

doi:10.1093/lawfam/ebt006

Cited by 5 publications

(1 citation statement)

References 18 publications

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“…Even if Quebec’s minority location and the links often posited between an ostensibly distinctive culture and the civil tradition (and the French language) might predictably foment monolithic simplifications in the service of easier preservation (Samson and Langevin, 2015: 721–722), such factors ought not to apply in France. It is obvious that legislatures may recognize cohabitants differently from jurisdiction to jurisdiction (compare Sutherland, 2013; Tobin, 2013). Less obvious is the call, modelled by this article, to understand legislative inaction as a promising site for comparative inquiry.…”

Section: Discussionmentioning

confidence: 99%

Cohabitation’s boundaries and the confines of tradition

Leckey

Favier

2016

Social & Legal Studies

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In contrast with prescriptions for law reform for unmarried cohabitants, this article studies legislative inertia on the subject. It compares France and the Canadian province of Quebec, drawing on theoretical treatment of boundaries from critical geography, queer theory, and sociolegal work on law reform. Abstinence from legislating for cohabitants has not secured legal stasis. Informally and indirectly, ad hoc responses to cohabitation have amended the boundaries of marriage and fundamental legal categories. A conservative approach to marriage and cohabitation has failed to conserve marriage. We identify a gap, not between law and social life but between law and its prevailing justification, that cohabitants are free to choose to marry or to conclude contracts. Legislative and judicial developments show that this justification fails to persuade. Finally, we read France and Quebec's approach to cohabitation as symptomatic of an impoverished misreading of the civil law tradition.

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Section: Discussionmentioning

confidence: 99%

Cohabitation’s boundaries and the confines of tradition

Leckey

Favier

2016

Social & Legal Studies

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The Management of Retirement Savings Among Financially Heterogamous Couples

Pugliese¹,

Belleau²

2020

Social Policy and Society

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Retirement scholars (and policy makers) have traditionally assumed spouses share their retirement savings, even when they are financially heterogamous and their individual saving capacities diverge. Recent research, however, has challenged this assumption, emphasising that wealth is unequally distributed within couples. In this study, we contribute to this debate by exploring how often financially heterogamous spouses describe their management of retirement savings as joint and redistributive. Data collected in Québec (Canada) in 2015 show that 28 per cent of couples with an income differential report to balance retirement savings across partners. Building on exchange and institutional theories of conjugal behaviour, we also stress that the prevalence of this practice varies with several factors, including union duration and matrimonial status. These findings suggest policy makers underestimate the size of the population at risk of old age financial vulnerability when assuming lower-income individuals are well prepared for retirement if partnered with a better-off spouse who saves.

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Cohabitation, female sacrifice, and judge-made law

Leckey

2018

Journal of Social Welfare and Family Law

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From 'Bidie-in' to 'Cohabitant' in Scotland: The Perils of Legislative Compromise

Cited by 5 publications

References 18 publications

Cohabitation’s boundaries and the confines of tradition

Cohabitation’s boundaries and the confines of tradition

The Management of Retirement Savings Among Financially Heterogamous Couples

Cohabitation, female sacrifice, and judge-made law

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