http://www.loc.gov/mods/v3 http://www.loc.gov/standards/mods/v3/mods-3-2.xsd
Philosophical foundations of children's and family law
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.
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.
edited by Elizabeth Brake and Lucinda Ferguson.
Includes bibliographical references (pages 313-332) and index.
Administrative Law & Regulatory Practice
Laws of specific jurisdictions & specific areas of law
Oxford, United Kingdom : Oxford University Press, 2018