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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.
Previous edition, 1st, published in 2001.
A comprehensive social history of families and family law in twentieth-century America Inside the Castle is a comprehensive social history of twentieth-century family law in the United States. Joanna Grossman and Lawrence Friedman show how vast, oceanic changes in society have reshaped and reconstituted the American family. Women and children have gained rights and powers, and novel forms of family life have emerged. The family has more or less dissolved into a collection of independent individuals with their own wants, desires, and goals. Modern family law, as always, reflects the brute social and cultural facts of family life. The story of family law in the twentieth century is complex. This was the century that said goodbye to common-law marriage and breach-of-promise lawsuits. This was the century, too, of the sexual revolution and women's liberation, of gay rights and cohabitation. Marriage lost its powerful monopoly over legitimate sexual behavior. Couples who lived together without marriage now had certain rights. Gay marriage became legal in a handful of jurisdictions. By the end of the century, no state still prohibited same-sex behavior. Children in many states could legally have two mothers or two fathers. No-fault divorce became cheap and easy. And illegitimacy lost most of its social and legal stigma. These changes were not smooth or linear—all met with resistance and provoked a certain amount of backlash. Families took many forms, some of them new and different, and though buffeted by the winds of change, the family persisted as a central institution in society. Inside the Castle tells the story of that institution, exploring the ways in which law tried to penetrate and control this most mysterious realm of personal life.
The second edition of this casebook has been updated and trimmed, although it retains a wide range of topics and materials. It covers a variety of private international law issues, including child abduction, child custody, adoption, child support enforcement, and recognition of marriages and divorces. The book also explores the impact of public international law on both domestic and international regulation of the family, using topics such as family violence and the rights of the child. Finally, the book uses comparative law materials to examine traditional family law topics, such as the regulation of marriage, the rights of same-sex couples, adoption, reproductive freedom, and more.
This book uniquely focuses on the role of family law in transnational marriages. The author demonstrates how family law is of critical importance in understanding transnational family life. Based on extensive field research in Morocco, Egypt and the Netherlands, the book examines how, during marriage and divorce, transnational families deal with the interactions of two different legal systems. Sportel studies the interactions of European and Islamic family law, addressing its interconnections with migration and everyday life, within the context of highly politicised debates on gender, Islam, migration and the family. The book will be of interest to scholars and students of family sociology, migration and diaspora studies, transnational families, family law, and sociology of law.
Designed for use as a study guide in basic and advanced family law courses, this brief paperback provides the topical coverage of the major casebooks, and includes lucid explanations of basic concepts and reader-friendly examples. It distinguishes itself from others by offering conceptually developed text, rather than a skeleton of cases and statutes. The conceptual approach enables students to obtain a clear grasp of the fundamental concepts necessary to gain a mastery of the course materials. The author's clear, direct language walks the student step-by-step through the essential reasoning and analysis intrinsic to family law. With more than 380 examples to illustrate concepts, it explains legal terms, and the law as it pertains to: marriage and divorce; extended families; spousal support; child custody; reproductive rights; adoption; child abuse and neglect; the welfare system's role relative to children; parent's and children's rights The facts and impact of the milestone cases are cited and discussed clearly and in context. Examples are clearly delineated in the text and legal terms are highlighted for ease of use. FAMILY LAW: Essential Terms and Concepts makes the perfect accompaniment to any casebook in your family law course.
Family Law emphasizes the issues and skills most relevant to domestic relations practice. The text employs a novel and dramatic organization with three substantive units that compare the legal treatment of the parent-child relationship vs. adult intimate relationships at stages of formation, regulation, and dissolution. In keeping with the modern reorientation of the field, Family Law reflects the transition "From Partners to Parents" beginning with the creation of parent-child relationship rather than marriage. Its geographical breadth delivers more comparative materials than other texts, using examples from a variety of cultures to provoke "why don't we do this?" considerations. Each student-friendly chapter and section begins with a clear summary of current law that orients the reader before examining legal texts in detail. This structure invites theoretical critique only after a solid foundation is laid. Statutes are core to the text which gives proper emphasis to the vital skill of statutory interpretation in todays practice. Up-to-date material provides more recent cases than any other textbook. With an empirical emphasis, Family Law draws from the significant literature in sociology, psychology, anthropology and other fields so that legal analysis is grounded in real-life application. Focused questions direct students to the heart of the analysis, often using headings before questions to alert readers to the type of analysis required, for example: statutory interpretation, policy, client counseling, and moral theory. Features: Novel organization three substantive units compares legal treatment of parent-child relationship vs. adult intimate relationships considers stages of formation, regulation, and dissolution Reflects modern reorientation of the field in keeping with transition "From Partners to Parents" starts with creation of parent-child relationship rather than marriage Geographical breadth much more comparative material than current texts examples from other cultures lead to "why don't we do this?" considerations Student-friendly organization each chapter and section begins with clear summary of current law orients students before examining legal texts invites theoretical critique after foundation is laid Statutes at the core proper emphasis on the vital skill of statutory interpretation Up-to-date more recent cases than any other textbook Empirical emphasis draws from sociology, psychology, anthropology, and other fields grounds legal analysis in real world application Focused questions direct students to the heart of the analysis use headings to alert students as to the type of analysis required (e.g., statutory interpretation, policy, client counseling, moral theory)
This volume examines the state of family law in America. Among its themes is the tension between individual autonomy and governmental regulation in all aspects of family law. It examines both conventional and new definitions of formal and informal domestic relationships.
Thomas Byers Memorial Outstanding Publication Award from the University of Akron Law Alumni Association Much has been written about women’s rights pioneer Elizabeth Cady Stanton. Historians have written her biography, detailed her campaign for woman’s suffrage, documented her partnership with Susan B. Anthony, and compiled all of her extensive writings and papers. Stanton herself was a prolific author; her autobiography, History of Woman Suffrage, and Woman’s Bible are classics. Despite this body of work, scholars and feminists continue to find new and insightful ways to re-examine Stanton and her impact on women’s rights and history. Law scholar Tracy A. Thomas extends this discussion of Stanton’s impact on modern-day feminism by analyzing her intellectual contributions to—and personal experiences with—family law. Stanton’s work on family issues has been overshadowed by her work (especially with Susan B. Anthony) on woman’s suffrage. But throughout her fifty-year career, Stanton emphasized reform of the private sphere of the family as central to achieving women’s equality. By weaving together law, feminist theory, and history, Thomas explores Stanton’s little-examined philosophies on and proposals for women’s equality in marriage, divorce, and family, and reveals that the campaigns for equal gender roles in the family that came to the fore in the 1960s and ’70s had nineteenth-century roots. Using feminist legal theory as a lens to interpret Stanton’s political, legal, and personal work on the family, Thomas argues that Stanton’s positions on divorce, working mothers, domestic violence, childcare, and many other topics were strikingly progressive for her time, providing significant parallels from which to gauge the social and legal policy issues confronting women in marriage and the family today.
This second edition of John Eekelaar's classic work 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.