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Philosophical Foundations of Children's and Family Law

Philosophical Foundations of Children's and Family Law

Author: Elizabeth Brake; Lucinda Ferguson
Publisher: Oxford University Press
ISBN: 9780198786429
Published In: March 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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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.

The chapters included bring together a representative and broad range of pieces that engage with long-standing and contemporary debates. A wide range of perspectives is represented on topics such as same-sex marriage, polygamy and polyamory, alimony, unmarried cohabitation, gestational surrogacy and assisted reproductive technologies, child support, parental rights and responsibilities, children's rights, family immigration, religious freedom, and the rights of paid caregivers. There is also philosophical discussion of concepts such as care, intimacy, and the nature of family and family law itself.
Introduction: The Importance of Theory to Children's and Family Law, Elizabeth Brake and Lucinda Ferguson

Part One: Definitions
1: Family Law and Legal Theory, John Eekelaar
2: Family and Family Law: Concepts and Norms, David Archard

Part Two: Relationships
3: Paid and Unpaid Care: Marriage, Equality, and Domestic Workers, Elizabeth Brake
4: A Perfectionist Argument for Legal Recognition of Polyamorous Relationships, Ron Den Otter
5: Cohabitants, Choice, and the Public Interest, Robert Leckey
6: Heteronormativity in Dissolution Proceedings: Exploring the Impact of Recourse to Legal Advice in Same Sex Relationship Breakdown, Charlotte Bendall and Rosie Harding
7: The Rights of Families and Children at the Border, Matt Lister

Part Three: Rights and Obligations
8: Moral and Legal Obligations to Support 'Family', Diane Jeske
9: Are Children's Rights Important?, Colin Macleod
10: Parental Control Rights, Scott Altman
11: An Argument for Treating Children as a 'Special Case', Lucinda Ferguson

Part Four: Regulation and Intervention
12: Private Ordering in Family Law, Brian Bix
13: Regulating Child Rearing in a Culturally Diverse Society, James G Dwyer
14: Reconceptualizing Family Relationships in an Age of Reproductive Technologies, Mary Lyndon Shanley