The Transformation of Family Law

The Transformation of Family Law PDF

Author: Mary Ann Glendon

Publisher: University of Chicago Press

Published: 1989

Total Pages: 336

ISBN-13: 0226299708

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Mary Ann Glendon offers a comparative and historical analysis of rapid and profound changes in the legal system beginning in the 1960s in England, France, West Germany, Sweden, and the United States, while bringing new and insightful interpretation and critical thought to bear on the explosion of legislation in the last decade. "Glendon is generally acknowledged to be the premier comparative law scholar in the area of family law. This volume, which offers an analytical survey of the changes in family law over the past twenty-five years, will burnish that reputation. Essential reading for anyone interested in evaluating the major changes that occurred in the law of the family. . . . [And] of serious interest to those in the social sciences as well."—James B. Boskey, Law Books in Review "Poses important questions and supplies rich detail."—Barbara Bennett Woodhouse, Texas Law Review "An impressive scholarly documentation of the legal changes that comprise the development of a conjugally-centered family system."—Debra Friedman, Contemporary Sociology "She has painted a portrait of the family in which we recognize not only ourselves but also unremembered ideological forefathers. . . . It sends our thoughts out into unexpected adventures."—Inga Markovits, Michigan Law Review

Transforming Law's Family

Transforming Law's Family PDF

Author: Fiona Kelly

Publisher: UBC Press

Published: 2011-05-15

Total Pages: 234

ISBN-13: 0774819650

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In Transforming Law's Family, Fiona Kelly explores the complex issues encountered by planned lesbian families as they work to define their parental rights, roles, and family structures within the tenets of family law. While Canadian courts recognize lesbian parenthood in some circumstances, a number of issues that are largely unique to planned lesbian families � such as the legal status of known sperm donors and non-biological mothers � remain undefined. Drawing on interviews with lesbian mothers, Fiona Kelly illuminates the changing definitions of family and suggests a model for law reform that would enable the legal recognition of alternative forms of parentage.

Family Transformed

Family Transformed PDF

Author: Steven M. Tipton

Publisher: Georgetown University Press

Published: 2005-11-18

Total Pages: 332

ISBN-13: 9781589013209

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Statistics on the American family are sobering. From 1975 to 2000, one-third of all children were born to single mothers, and one-half of all marriages ended in divorce. While children from broken homes are two to three times more likely to develop behavioral and learning difficulties, two-parent families are not immune to problems. The cost of raising children has increased dramatically, and married couples with children are now twice as likely as childless couples to file for bankruptcy. Clearly, the American family is in trouble. But how this trouble started, and what should be done about it, remain hotly contested. In a multifaceted analysis of the current state of a complex institution, Family Transformed brings together outstanding scholars from the fields of anthropology, demography, ethics, history, law, philosophy, primatology, psychology, sociology, and theology. Demonstrating that the family is both distinctive in its own right and deeply interwoven with other institutions, the authors examine the roles of education, work, leisure, consumption, legal regulation, public administration, and biology in shaping the ways we court and marry, bear and raise children, and make and break family bonds. International in approach, this wide-ranging volume situates current American debates over sex, marriage, and family within a global framework. Weighing mounting social science evidence that supports a continued need for the nuclear family while assessing the challenges posed by new advocacy for same-sex marriage, and delegalized coupling, the authors argue that only by reintegrating the family into a just moral order of the larger community and society can we genuinely strengthen it. This means not simply upholding traditional family values but truly grasping the family's growing diversity, sustaining its coherence, and protecting its fragility for our own sake and for the common good of society.

Taking Responsibility, Law and the Changing Family

Taking Responsibility, Law and the Changing Family PDF

Author: Heather Keating

Publisher: Routledge

Published: 2016-04-01

Total Pages: 322

ISBN-13: 1317047052

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This volume considers the impact that changing family norms have had on the responsibilities that the law allocates to people in family relationships. Contributions are drawn from a wide variety of jurisdictions in which scholars, lawyers, judges and policy-makers have been trying to discern what the appropriate correlation should be between the responsibilities that people undertake in family settings and the law that regulates family responsibilities. Part I looks at the changes that have occurred in adult relationships and what they have done for our sense of the family responsibilities that adults take for one another. Part II reflects on the changing nature of the parental relationship in order to reconsider the way in which changing family structures affect the responsibilities we think people raising children should have. The third part brings the rights discourse that has dominated jurisprudence for much of the last fifty years into the discussion of family transformation and the responsibilities to which it gives rise. In the final section the authors reflect on the difficulties of trying to resolve the meaning of responsibility in a world of changing families. The collection brings together some of the most eminent and imaginative scholars and judges working in this area. It will be a valuable resource for all those interested in the legal regulation of the transforming family.

Courting Change

Courting Change PDF

Author: Kimberly D. Richman

Publisher: NYU Press

Published: 2010-11

Total Pages: 280

ISBN-13: 0814776981

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This work examines the inconsistencies in judicial decisions surrounding the rights of gay and lesbian parents and discusses how those inconsistencies have had a negative impact on same-sex parenting and families. Drawing on every recorded judicial decision in gay and lesbian adoption and custody cases over the last fifty years, the author demonstrates how parental and sexual identities are formed and interpreted in law, and how gay and lesbian parents can harness indeterminacy to transform family law.

Family Transformation Through Divorce and Remarriage

Family Transformation Through Divorce and Remarriage PDF

Author: Margaret Robinson

Publisher: Routledge

Published: 2003-09-02

Total Pages: 379

ISBN-13: 1134940777

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Family Transformation Through Divorce and Remarriage is the first book to look thoroughly at the complete divorce-remarriage-stepfamily cycle in the context of demographic data, the legal process and the theoretical framework. For each phase of the cycle, the author describes the stages of development, summarises the relevant research and illustrates the effects on family members with case examples.

The Transformation of Family Law

The Transformation of Family Law PDF

Author: Mary Ann Glendon

Publisher: University of Chicago Press

Published: 1989

Total Pages: 350

ISBN-13: 9780226299709

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Mary Ann Glendon offers a comparative and historical analysis of rapid and profound changes in the legal system beginning in the 1960s in England, France, West Germany, Sweden, and the United States, while bringing new and insightful interpretation and critical thought to bear on the explosion of legislation in the last decade. "Glendon is generally acknowledged to be the premier comparative law scholar in the area of family law. This volume, which offers an analytical survey of the changes in family law over the past twenty-five years, will burnish that reputation. Essential reading for anyone interested in evaluating the major changes that occurred in the law of the family. . . . [And] of serious interest to those in the social sciences as well."—James B. Boskey, Law Books in Review "Poses important questions and supplies rich detail."—Barbara Bennett Woodhouse, Texas Law Review "An impressive scholarly documentation of the legal changes that comprise the development of a conjugally-centered family system."—Debra Friedman, Contemporary Sociology "She has painted a portrait of the family in which we recognize not only ourselves but also unremembered ideological forefathers. . . . It sends our thoughts out into unexpected adventures."—Inga Markovits, Michigan Law Review

The Transformation of American Law, 1780-1860

The Transformation of American Law, 1780-1860 PDF

Author: Morton J. HORWITZ

Publisher: Harvard University Press

Published: 2009-06-30

Total Pages: 378

ISBN-13: 0674038789

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In a remarkable book based on prodigious research, Morton J. Horwitz offers a sweeping overview of the emergence of a national (and modern) legal system from English and colonial antecedents. He treats the evolution of the common law as intellectual history and also demonstrates how the shifting views of private law became a dynamic element in the economic growth of the United States. Horwitz's subtle and sophisticated explanation of societal change begins with the common law, which was intended to provide justice for all. The great breakpoint came after 1790 when the law was slowly transformed to favor economic growth and development. The courts spurred economic competition instead of circumscribing it. This new instrumental law flourished as the legal profession and the mercantile elite forged a mutually beneficial alliance to gain wealth and power. The evolving law of the early republic interacted with political philosophy, Horwitz shows. The doctrine of laissez-faire, long considered the cloak for competition, is here seen as a shield for the newly rich. By the 1840s the overarching reach of the doctrine prevented further distribution of wealth and protected entrenched classes by disallowing the courts very much power to intervene in economic life. This searching interpretation, which connects law and the courts to the real world, will engage historians in a new debate. For to view the law as an engine of vast economic transformation is to challenge in a stunning way previous interpretations of the eras of revolution and reform.

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