Philosophical Foundations of Children’s and Family Law 1st Edition

Philosophical Foundations of Children’s and Family Law 1st Edition – Ebook PDF Instant Download/Delivery ISBN: 9780191089725, 0191089729

Product details:

• ISBN-10 ‏ : ‎ 0191089729
• ISBN-13 ‏ : ‎ 9780191089725
• Author: Elizabeth Brake , Lucinda Ferguson

This volume brings together new essays in law and philosophy on a broad range of topics in children’s and family law. It is the first volume to bring together essays by legal scholars and philosophers for an integrated, critical analysis of key issues in this area, marking the ‘coming of age’ of a comparatively new field of family law.

Debates in children’s and family law are at once theoretical and empirical in nature. Not only does children’s and family law have significant consequences for individuals’ intimate lives, the field’s impact on lived experience highlights the socially constructed nature of law. Approaching this area of law often involves exploring a legal concept familiar from daily life, such as the very notion of ‘marriage’ or ‘family’, and examining it within its social, economic, and historical context. The normative basis for law regulating intimate personal and family life extends beyond any narrow legal philosophy or social context to its broader foundations in theories of morality or justice.

Table contents:

I. Definitions
1. Family Law and Legal Theory
2. Family and Family Law: Concepts and Norms
II. Relationships
3. Paid and Unpaid Care: Marriage, Equality, and Domestic Workers
4. A Perfectionist Argument for Legal Recognition of Polyamorous Relationships
5. Cohabitants, Choice, and the Public Interest
6. Heteronormativity in Dissolution Proceedings: Exploring the Impact of Recourse to Legal Advice in Same-Sex Relationship Breakdown
7. The Rights of Families and Children at the Border
III. Rights and Obligations
8. Moral and Legal Obligations to Support ‘Family’
9. Are Children’s Rights Important?
10. Parental Control Rights
11. An Argument for Treating Children as a ‘Special Case’
IV. Regulation and Intervention
12. Private Ordering in Family Law
13. Regulating Child Rearing in a Culturally Diverse Society
14. Surrogacy: Reconceptualizing Family Relationships in an Age of Reproductive Technologies

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