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.
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.
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.
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.
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.
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.
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. .
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.
Download or read book Intimacies written by Alan Frank and published by Routledge. This book was released on 2013-07-24 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last decade or so, there has been a shift in the popular and academic discussion of our personal lives. Relationships – and not necessarily marriage – have gravitated to the center of our relational lives. Many of us feel entitled to seek intimacy, an emotionally depthful social bonding, rather than simply security or companionship from our relationships. Unlike in a marriage-centred culture, intimacy is today pursued in varied relationships, from familial to friends and to romances. And intimacies are being forged in multiple venues, from face-to-face to virtual, cyber contexts. A new scholarship has addressed this changing terrain of personal life – there is today a vast literature on cohabitation, parenthood without marriage, sex and love outside marriage, queer families, cyber intimacies and friendships. However, much theorizing and research has focussed either on the interior, subjective or sociocultural aspects of intimacies, not their interaction. This volume aims to break new ground: Intimacies explores the psychological terrain of intimacy in depthful ways without abandoning its sociohistorical context and the centrality of power dynamics. Drawing on a rich archive that includes the social sciences, feminism, queer studies, and psychoanalysis, the contributors examine: changing cultures of intimacy fluid and solid attachments and intimacies from hook ups, to sibling bonds, to erotic love a politics of intimacy that may involve state enforced hierarchies, class, misrecognition, social exclusion and violence embodied experiences of intimacy and dynamics of endings and loss a pluralization of intimacies that challenge established ethical hierarchies This volume aims to define the cutting edge of this emerging field of scholarship and politics. It challenges existing paradigms that assume rigid hierarchical approaches to relational life. Intimacies will be of interest for psychoanalysts and for students or scholars in sexualities, gender studies, family studies, feminism studies, queer studies, social class, cultural studies, and philosophy.
Download or read book Marriage and Cohabitation written by Alison Diduck and published by Routledge. This book was released on 2017-03-02 with total page 695 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law has long been interested in marriage and conjugal cohabitation and in the range of public and private obligations that accrue from intimate living. This collection of classic articles explores that legal interest, while at the same time locating marriage and cohabitation within a range of intimate affiliations. It offers the perspectives of a number of international scholars on questions of how, if at all, our different ways of intimacy ought to be recognised and regulated by law.
Download or read book Great Debates in Family Law written by Jonathan Herring and published by Bloomsbury Publishing. This book was released on 2015-04-17 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook is an ambitious and engaging introduction to the more advanced writings on family law, primarily designed to allow students to 'get under the skin' of the topic and begin to build their critical thinking and analysis skills. Each chapter is structured around key questions and debates that provoke deeper thought and, ultimately, a clearer understanding. The aim of the book is therefore not to present a complete overview of theoretical issues in family law, but rather to illustrate the current debates which are currently going on among those working in shaping the area. The text features summaries of the views of notable experts on key topics and each chapter ends with a list of guided further reading.
Download or read book Fierce Marriage written by Ryan Frederick and published by Baker Books. This book was released on 2018-04-17 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ryan and Selena Frederick were newlyweds when they landed in Switzerland to pursue Selena's dream of training horses. Neither of them knew at the time that Ryan was living out a death sentence brought on by a worsening genetic heart defect. Soon it became clear he needed major surgery that could either save his life--or result in his death on the operating table. The young couple prepared for the worst. When Ryan survived, they both realized that they still had a future together. But the near loss changed the way they saw all that would lie ahead. They would live and love fiercely, fighting for each other and for a Christ-centered marriage, every step of the way. Fierce Marriage is their story, but more than that, it is a call for married couples to put God first in their relationship, to measure everything they do and say to each other against what Christ did for them, and to see marriage not just as a relationship they should try to keep healthy but also as one worth fighting for in every situation. With the gospel as their foundation, Ryan and Selena offer hope and practical help for common struggles in marriage, including communication problems, sexual frustration, financial stress, family tension, screen-time disconnection, and unrealistic expectations.
Download or read book Searching the Law 3d Edition written by Frank Bae and published by BRILL. This book was released on 2021-12-13 with total page 764 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal Recognition of Same Sex Partnerships written by Robert Wintemute and published by Bloomsbury Publishing. This book was released on 2001-10-23 with total page 806 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should same-sex couples be permitted to marry? Or should a separate institution of "registered partnership" or "civil union" be created for them? Or should the rights and duties of unmarried different-sex couples be extended to them? Should they be allowed to adopt each other's children, or jointly adopt an unrelated child? How should they be treated with regard to employment, social security, pensions, housing, immigration, taxation, inheritance, and divorce? These questions are being debated around the world, as lesbian, gay, bisexual and transgendered persons increasingly (but not uniformly) insist that they cannot be truly equal without equal treatment for the loving and lasting relationships they form with their partners. In "Legal Recognition of Same-Sex Partnerships", an international team of scholars examines both theoretical issues and the wide variety of legal developments in the United States, Canada, Brazil, thirteen European countries, Israel, South Africa, India, Japan, China, Australia and New Zealand, as well as under European Community and European Convention law, and United Nations human rights law.
Download or read book European Human Rights and Family Law written by Shazia Choudhry and published by Bloomsbury Publishing. This book was released on 2010-04-27 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the potential impact of human rights in the way the law interacts with families. Traditionally family law has been dominated by consequentialist/utilitarian themes. The most notable example of this occurs in the law relating to children and the employment of the "welfare principle". This requires the court to focus on the welfare of the child as the paramount consideration. Hitherto the courts and, to a certain extent, family law academics, have firmly rejected the use of the language of rights, preferring the discretion and child-centred focus of welfare. However, the incorporation of the European Convention on Human Rights via the Human Rights Act now requires family law to deal more clearly with the competing rights that family members can hold. In addition, it is clear that, to date, the courts have largely ignored or minimised the different demands that the HRA imposes on the judiciary and, in particular, judicial reasoning. This book challenges that view and suggests ways in which the family courts may improve their reasoning in this field. No longer can cases be dealt with on the basis of a simple utilitarian calculation of what is in the best interests of the child and other family members - greater transparency is required. The book clarifies the different rights that family members can hold and, in particular, identifies ways in which it may be possible to deal with the clash of rights between family members that will inevitably occur. Whether this requires an abandonment of the utilitarian nature of family law, or a reworking of it, is a theme that runs throughout the book.
Download or read book Legalizing Plural Marriage written by Mark Goldfeder and published by Brandeis University Press. This book was released on 2017-05-09 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Polygamous marriages are currently recognized in nearly fifty countries worldwide. Although polygamy is technically illegal in the United States, it is practiced by members of some religious communities and a growing number of other "poly" groups. In the radically changing and increasingly multicultural world in which we live, the time has come to define polygamous marriage and address its legal feasibilities. Although Mark Goldfeder does not argue the right or wrong of plural marriage, he maintains that polygamy is the next step - after same-sex marriage - in the development of U.S. family law. Providing a road map to show how such legalization could be handled, he explores the legislative and administrative arguments which demonstrate that plural marriage is not as farfetched - or as far off - as we might think. Goldfeder argues not only that polygamy is in keeping with the legislative values and freedoms of the United States, but also that it would not be difficult to manage or administrate within our current legal system. His legal analysis is enriched throughout with examples of plural marriage in diverse cultural and historical contexts. Tackling the issue of polygamy in the United States from a legal perspective, this book will engage anyone interested in constitutional law, family law, or criminal law, along with sociologists and those who study gender and culture in modern times.
Download or read book Law and Sexuality written by Carl Franklin Stychin and published by U of Minnesota Press. This book was released on 2001 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Sexuality brings together leading scholars from four continents to consider topics ranging from Tasmanian sodomy laws to the South African constitution, from domestic partnership in Hawaii to London's urban geographies. Encompassing a broad spectrum of perspectives, from literary analysis and postcolonial studies to feminist, queer, and critical race theory, their analysis maps the current state of the global intersections between law and sexuality and social change.
