Philosophical foundations of children's and family law / edited by Elizabeth Brake and Lucinda Ferguson.

Format:

Book

Contributor:

Brake, Elizabeth, editor.

Ferguson, Lucinda, editor.

Language:

English

Subjects (All):

Domestic relations--Philosophy.

Domestic relations.

Children--Legal status, laws, etc.

Children.

Genre:

Electronic books.

Physical Description:

1 online resource (xxiv, 339 pages)

Edition:

First edition.

Place of Publication:

Oxford, United Kingdom : Oxford University Press, 2018.

System Details:

text file

Summary:

This collection is the first of its kind to examine the ethical foundations of family law. Topics include the value of marriage, the scope of parental control rights, the protection of children's interests, and the role of religious freedom in the legal attitude to family relationships.

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.

Contents:

Family law and legal theory / John Eekelaar

Family and family law : concepts and norms / David Archard

Paid and unpaid care : marriage, equality, and domestic workers / Elizabeth Brake

A perfectionist argument for legal recognition of polyamorous relationships / Ronald C. Den Otter

Cohabitants, choice, and the public interest / Robert Leckey

Heteronormativity in dissolution proceedings / Charlotte Bendall, Rosie Harding

The rights of families and children at the border / Matthew Lister

Moral and legal obligations to support 'family' / Diane Jeske

Are children's rights important? / Colin M. Macleod

Parental control rights / Scott Altman

An argument for treating children as a 'special case' / Lucinda Ferguson

Private ordering in family law / Brian H. Bix

Regulating child rearing in a culturally diverse society / James G. Dwyer

Surrogacy : reconceptualizing family relationships in an age of reproductive technologies / Mary Lyndon Shanley.

Notes:

Includes bibliographical references (pages 313-332) and index.

Description based on online resource; title from PDF title page (EBSCO, viewed March 12, 2018).

ISBN:

9780191089718

0191089710

9780191828690

0191828696

OCLC:

1028022716

Access Restriction:

Restricted for use by site license. Single-user access only.