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Family Law And The Pursuit Of Intimacy
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Book Synopsis Family Law and the Pursuit of Intimacy by : Milton C. Regan Jr.
Download or read book Family Law and the Pursuit of Intimacy written by Milton C. Regan Jr. and published by NYU Press. This book was released on 1993-05-01 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, family law has catapulted from the shadows to the spotlight in public consciousness. The issues that family law addresses--divorce, custody, single parenthood, same-sex marriage, prenuptial contracts, unmarried cohabitation, alternative families--have attracted enormous public attention and have become the subject of celebrated legal disputes, newspaper and magazine articles, television shows and movies, and Presidential campaigns. The modern family serves as a highly-charged symbol of the conflicts that arise within an American culture that professes devotion both to individual rights and family obligations. Family law has shown increasing willingness in the last two decades to resolve these conflicts in favor of individual rights. It has placed heightened emphasis on the autonomy of individual family members, exhibiting greater suspicion of the family as a constraint on self-development. This has translated into a waning influence for the moral vision of family life that assigns rights and obligations to those with formal legal identities such as spouses, parents, or children--a vision expressed in the legal model of status. In its stead has entered the alternative vision of contract, which enables individuals themselves to establish the terms of their relationships, with regulation limited to cases of imminent harm. This vision strives to free individuals from the fetters of communal expectations so that they can pursue genuine intimacy with others. In this timely work, Regan delves into recent legal cases, social theory, and family history to challenge the assumption that contract should serve as the governing principle of family law. The devaluation of status, he claims, puts us at risk of losing the resonance of the family as a cultural model of the responsibilities that flow from relationships with others. In a postmodern world marked by fragmentation of both identity and personal relationships, intimate commitment may rest more than ever on the ability of culture to orient the individual within shared norms of conduct. The challenge therefore is to construct a new model of status--shorn of sexist assumptions, yet based on commitment and responsibility--that will preserve the distinctive character of family law as a narrative about self and other in intimate relationship.
Book Synopsis Family Law and the Pursuit of Intimacy by : Milton C. Regan Jr.
Download or read book Family Law and the Pursuit of Intimacy written by Milton C. Regan Jr. and published by NYU Press. This book was released on 1995-01-01 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, family law has catapulted from the shadows to the spotlight in public consciousness. The issues that family law addresses--divorce, custody, single parenthood, same-sex marriage, prenuptial contracts, unmarried cohabitation, alternative families--have attracted enormous public attention and have become the subject of celebrated legal disputes, newspaper and magazine articles, television shows and movies, and Presidential campaigns. The modern family serves as a highly-charged symbol of the conflicts that arise within an American culture that professes devotion both to individual rights and family obligations. Family law has shown increasing willingness in the last two decades to resolve these conflicts in favor of individual rights. It has placed heightened emphasis on the autonomy of individual family members, exhibiting greater suspicion of the family as a constraint on self-development. This has translated into a waning influence for the moral vision of family life that assigns rights and obligations to those with formal legal identities such as spouses, parents, or children--a vision expressed in the legal model of status. In its stead has entered the alternative vision of contract, which enables individuals themselves to establish the terms of their relationships, with regulation limited to cases of imminent harm. This vision strives to free individuals from the fetters of communal expectations so that they can pursue genuine intimacy with others. In this timely work, Regan delves into recent legal cases, social theory, and family history to challenge the assumption that contract should serve as the governing principle of family law. The devaluation of status, he claims, puts us at risk of losing the resonance of the family as a cultural model of the responsibilities that flow from relationships with others. In a postmodern world marked by fragmentation of both identity and personal relationships, intimate commitment may rest more than ever on the ability of culture to orient the individual within shared norms of conduct. The challenge therefore is to construct a new model of status--shorn of sexist assumptions, yet based on commitment and responsibility--that will preserve the distinctive character of family law as a narrative about self and other in intimate relationship.
Book Synopsis Alone Together by : Milton C. Regan Jr.
Download or read book Alone Together written by Milton C. Regan Jr. and published by Oxford University Press. This book was released on 1999-03-25 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary marriage involves complex notions of both connection and freedom. On the one hand, spouses are members of a shared community, while on the other they are discrete individuals with their own distinct interests. Alone Together explores the ways in which law seeks to accommodate tensions between commitment and freedom in marriage. Author Milton Regan suggests that only close attention to context can guide us in deciding what weight to assign to each dimension of spousal identity in a given setting. This interdisciplinary work has relevance to family law, family studies, feminist legal theory, and the debate between liberal and communitarian social theorists.
Book Synopsis Family Law and Personal Life by : John Eekelaar
Download or read book Family Law and Personal Life written by John Eekelaar and published by Oxford University Press, USA. This book was released on 2006 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should our most intimate personal relationships be governed in a liberal society? Should the state encourage a particular model of family life, or support individuals in their pursuit of personal happiness? To what extent do people have the right to shape the lives of their offspring? This book examines the questions at the heart of family law, rethinking the ideas that shape our understanding of the family as a social unit, its purpose, and the obligations and rights that belong to family members. The book explores how the governance of personal relationships has depended on the exercise of power, from the traditional assumptions of patriarchy, where the male head of the family enjoyed full control over his dependents and descendents, to the ideology of welfarism, where state institutions protect the interests of the vulnerable at the expense of their close relations. Emerging from these conflicting ideologies comes today's rights-based culture, where traditional expectations for behavior within a family sit within a new emphasis on the ability of minorities and traditional dependents to determine the shape of their own lives. Against this background of shifting power relations, the book explores the inter-relationship between the legal regulation of people's personal lives and the values of friendship, truth, respect and responsibility. In doing this, a variety of controversial issues are examined in the light of those values: including the legal regulation of gay and unmarried heterosexual relationships; freedom of procreation; state supervision over the exercise of parenthood; the role of fault in divorce law; the way parenthood is allocated; the rights and responsibilities of parents to control their children; the place of religion in the family; the rights of separated partners regarding property and of separated parents regarding their children. Throughout, the book offers a new picture of the intimacy at the center of personal relationships and argues that only by understanding this intimacy, and its role in human happiness, can we arrive at a true framework for respecting, and governing, the personal lives of other people.
Book Synopsis Private Lives by : Lawrence Meir Friedman
Download or read book Private Lives written by Lawrence Meir Friedman and published by Harvard University Press. This book was released on 2004 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on many revealing and sometimes colorful court cases of the past two centuries, Private Lives offers a lively short history of the complexities of family law and family life--including the tensions between the laws on the books and contemporary arrangements for marriage, divorce, adoption, and child rearing.
Book Synopsis British Conservatism and the Legal Regulation of Intimate Relationships by : Andrew Gilbert
Download or read book British Conservatism and the Legal Regulation of Intimate Relationships written by Andrew Gilbert and published by Bloomsbury Publishing. This book was released on 2018-08-23 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does conservatism, as a body of political thought, say about the legal regulation of intimate relationships, and to what extent has this thought influenced the Conservative Party's approach to family law? With this question as its focus, this book explores the relationship between family law, conservatism and the Conservative Party since the 1980s. Taking a politico- and socio-legal perspective, the discussion draws on an expansive reading of Hansard as well as recently released archival material. The study first sets out the political tradition of conservatism, relying largely on the work of Edmund Burke, before going on to analyse the discourse around the development of four crucial statutes in the field, namely: the Matrimonial and Family Proceedings Act 1984; the Family Law Act 1996; the Civil Partnership Act 2004; and the Marriage (Same Sex Couples) Act 2013. This work offers the first extended synthesis of family law, conservative political thought and Conservative Party politics, and as such provides significant new insight into how family law is made. Runner up of the 2020 PSA Conservatism Studies Book Prize.
Book Synopsis Family, Law, and Community by : Margaret F. Brinig
Download or read book Family, Law, and Community written by Margaret F. Brinig and published by University of Chicago Press. This book was released on 2010-05-15 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of vast social and economic changes, the nuclear family has lost its dominance, both as an ideal and in practice. Some welcome this shift, while others see civilization itself in peril—but few move beyond ideology to develop a nuanced understanding of how families function in society. In this provocative book, Margaret F. Brinig draws on research from a variety of disciplines to offer a distinctive study of family dynamics and social policy. Concentrating on legal reform, Brinig examines a range of subjects, including cohabitation, custody, grandparent visitation, and domestic violence. She concludes that conventional legal reforms and the social programs they engender ignore social capital: the trust and support given to families by a community. Traditional families generate much more social capital than nontraditional ones, Brinig concludes, which leads to clear rewards for the children. Firmly grounded in empirical research, Family, Law, and Community argues that family policy can only be effective if it is guided by an understanding of the importance of social capital and the advantages held by families that accrue it.
Book Synopsis Regulating Intimacy by : Jean-Louis Cohen
Download or read book Regulating Intimacy written by Jean-Louis Cohen and published by Princeton University Press. This book was released on 2009-01-10 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: The regulation of intimate relationships has been a key battleground in the culture wars of the past three decades. In this bold and innovative book, Jean Cohen presents a new approach to regulating intimacy that promises to defuse the tensions that have long sparked conflict among legislators, jurists, activists, and scholars. Disputes have typically arisen over questions that apparently set the demands of personal autonomy, justice, and responsibility against each other. Can law stay out of the bedroom without shielding oppression and abuse? Can we protect the pursuit of personal happiness while requiring people to behave responsibly toward others? Can regulation acknowledge a variety of intimate relationships without privileging any? Must regulating intimacy involve a clash between privacy and equality? Cohen argues that these questions have been impossible to resolve because most legislators, activists, and scholars have drawn on an anachronistic conception of privacy, one founded on the idea that privacy involves secrecy and entails a sphere free from legal regulation. In response, Cohen draws on Habermas and other European thinkers to present a robust "constructivist" defense of privacy, one based on the idea that norms and rights are legally constructed. Cohen roots her arguments in debates over three particularly contentious issues: reproductive rights, sexual orientation, and sexual harassment. She shows how a new legal framework, "reflexive law," allows us to build on constructivist insights to approach these debates free from the liberal and welfarist paradigms that usually structure our legal thought. This new legal paradigm finally allows us to dissolve the tensions among autonomy, equality, and community that have beset us. A synthesis of feminist theory, political theory, constitutional jurisprudence, and cutting-edge research in the sociology of law, this powerful work will reshape not only legal and political debates, but how we think about the intimate relationships at the core of our own lives. .
Book Synopsis Family Law Reimagined by : Jill Elaine Hasday
Download or read book Family Law Reimagined written by Jill Elaine Hasday and published by Harvard University Press. This book was released on 2014-06-30 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to explore the canonical narratives, stories, examples, and ideas that legal decisionmakers invoke to explain family law and its governing principles. Jill Elaine Hasday shows how this canon misdescribes the reality of family law, misdirects attention away from actual problems family law confronts, and misshapes policies.
Book Synopsis Obligation and Commitment in Family Law by : Gillian Douglas
Download or read book Obligation and Commitment in Family Law written by Gillian Douglas and published by Bloomsbury Publishing. This book was released on 2018-04-19 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: A tension lies at the heart of family law. Expressed in the language of rights and duties, it seeks to impose enforceable obligations on individuals linked to each other by ties that are usually regarded as based on love or blood. Taking a contextual approach that draws on history, sociology and social policy as well as law and legal theory, this book examines the concept of obligation as it has been developed in family law and the difficulties the law has had in translating it from a theoretical and ideological concept into the basis of enforceable actions and duties. Increasingly, the idea of commitment has been offered as the key organising principle for the recognition of family relationships, often as a means of rebutting claims that family ties are becoming attenuated, but the meaning and scope of this concept have not been explored. The book traces how the notion of commitment is understood and how far it has come to be used as a rationale for imposing the core legal obligations which underpin care and caring within families.
Download or read book Family Law written by Jonathan Herring and published by Pearson UK. This book was released on 2019 with total page 1252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This best-selling textbook is loved by students and lecturers alike. Offering exceptional coverage of all key family law principles, this book also explores the theories, debates and ethical dilemmas which underpin the subject ensuring you have the knowledge required to critique the existing law and evaluate reform options.
Book Synopsis Family Law and Personal Life by : John Eekelaar
Download or read book Family Law and Personal Life written by John Eekelaar and published by Oxford University Press. This book was released on 2006-11-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: How should our most intimate personal relationships be governed in a liberal society? Should the state encourage a particular model of family life, or support individuals in their pursuit of personal happiness? To what extent do people have the right to shape the lives of their offspring? This book examines the questions at the heart of family law, rethinking the ideas that shape our understanding of the family as a social unit, its purpose, and the obligations and rights that belong to family members. The book explores how the governance of personal relationships has depended on the exercise of power, from the traditional assumptions of patriarchy, where the male head of the family enjoyed full control over his dependents and descendents, to the ideology of welfarism, where state institutions protect the interests of the vulnerable at the expense of their close relations. Emerging from these conflicting ideologies comes today's rights-based culture, where traditional expectations for behaviour within a family sit within a new emphasis on the ability of minorities and traditional dependents to determine the shape of their own lives. Against this background of shifting power relations, the book explores the interrelationship between the legal regulation of people's personal lives and the values of friendship, truth, respect and responsibility. In doing this, a variety of controversial issues are examined in the light of those values: including the legal regulation of gay and unmarried heterosexual relationships; freedom of procreation; state supervision over the exercise of parenthood; the role of fault in divorce law; the way parenthood is allocated; the rights and responsibilities of parents to control their children; the place of religion in the family; the rights of separated partners regarding property and of separated parents regarding their children. Throughout, the book offers a new picture of the intimacy at the centre of personal relationships and argues that only by understanding this intimacy, and its role in human happiness, can we arrive at a true framework for respecting, and governing, the personal lives of other people.
Book Synopsis Debating Democracy's Discontent by : Anita L. Allen
Download or read book Debating Democracy's Discontent written by Anita L. Allen and published by Oxford University Press. This book was released on 1998 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this timely and provocative volume, some of the world's leading political and constitutional theorists come together to debate Michael Sandel's celebrated thesis that the United States is in the the grip of a flawed public philosophy - "procedural liberalism". Beginning with an originalstage-setting introduction by Ronald Beiner, and ending with a reply by Michael Sandel, Sandel's liberal and feminist critics square off with his communitarian and civic republican sympathizers in a lively and wide-ranging discussion spanning constitutional law, culture, and political economy.Practical, topical issues of immigration, gay marriage, federalism, adoption, abortion, corporate speech, militias, and economic disparity are debated alongside theories of civic virtue, citizenship, identity, and community. Not only does this volume provide the most comprehensive and insightfulcritique of Sandel's Democracy's Discontent to date - it also makes a very significant, substantive contribution to contemporary political and legal philosophy in its own right. It will prove essential reading for all those interested in the future of American politics, law, and publicphilosophy.
Book Synopsis Determining Legal Parentage by : Yehezkel Margalit
Download or read book Determining Legal Parentage written by Yehezkel Margalit and published by Cambridge University Press. This book was released on 2019-04-25 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last few decades have witnessed dramatic changes affecting the institutions of family and parenthood. If, in the past, the classic family was defined sociologically as a pair of heterosexual parents living together under one roof along with their children, different sociological changes have led to a rapid and extreme transformation in the definitions of family, marital relations, parenthood, and the relationship between parents and children. Dr Yehezkel Margalit explores whether and to what extent there is room, legally and ethically, for the use of modern contractual devices and doctrines to privately regulate the establishment of legal parentage. This book offers intentional parenthood as the most appropriate and flexible normative doctrine for resolving the dilemmas which have surfaced in the field of determining legal parentage. By using the certainty of contract law, determining the legal status of parenthood will be seen as the best method to sort out ambiguities and assure both parental and children rights.
Book Synopsis Reconstructing Political Theory by : Mary Lyndon Shanley
Download or read book Reconstructing Political Theory written by Mary Lyndon Shanley and published by Penn State Press. This book was released on 1997 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, a companion to Feminist Interpretations and Political Theory (Penn State, 1991) edited by Mary Lyndon Shanley and Carole Pateman, leading feminist theorists rethink the traditional concepts of political theory and expand the range of problems and concerns regarded as central to the analysis of political life. Written by well-known scholars in philosophy, political science, sociology, and law, the book provides a rich interdisciplinary account of key issues in political thought. While some of the chapters discuss traditional concepts such as rights, power, freedom, and citizenship, others argue that topics less frequently discussed in political theory--such as the family, childhood, dependency, compassion and suffering--are just as significant for an understanding of political life. The Introduction shows how such diverse topics can be linked together and how feminist political theory can be elaborated systematically if it takes notions of independence and dependency, public and private, and power and empowerment as central to its agenda.
Book Synopsis Exploring Norms and Family Laws across the Globe by : Melissa L. Breger
Download or read book Exploring Norms and Family Laws across the Globe written by Melissa L. Breger and published by Rowman & Littlefield. This book was released on 2022-03-28 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together some of the world’s leading family law scholars, as well as bright and emerging minds in the field of global family law, this book explores the differences and commonalities in the conceptualization and legal treatment of families throughout different legal traditions. Each chapter delves into topics integral to family law jurisprudence and serves as a novel examination into a deep slice of family law. Together, the four parts and sixteen chapters create a melodious and intriguing examination of groundbreaking and cutting-edge areas of law in the realm of the family. The four parts primarily focus upon a major family law topic with the authors examining the laws across jurisdictions, cross-nationally, or in some cases intra-jurisdictionally. It is through this comparative lens that we see how family law concepts are woven into the fabric of overall society around the globe. This book is of interest to family law, international law, sociology, and socio-legal scholars.
Book Synopsis From Contract to Covenant by : Margaret F. Brinig
Download or read book From Contract to Covenant written by Margaret F. Brinig and published by Harvard University Press. This book was released on 2000 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a systematic account of the law and economics of the American family. It explores the implications of economics for family law--divorce, adoption, breach of promise, surrogacy, prenuptial agreements, custody arrangements--and its limitations, and introduces the idea of covenant to consider the role of love, trust, and fidelity.
