Family law reimagined
By: Jill Elaine Hasday
Publisher: Harvard University Press
Published: 2014
Language: eng
Number of pages: 307
ISBN-13: 9780674281288
Subjects: Domestic relations; Common law marriage; Domestic relations (Canon law); Parent and child (Law)
Description: "One of law's most important and far-reaching roles is to govern family life and family members. Family law decides who counts as kin, how family relationships are created and dissolved, and what legal rights and responsibilities come with marriage, parenthood, sibling ties, and other family bonds. Yet despite its significance, the field remains remarkably understudied and poorly understood within and outside the legal community. Family Law Reimagined is the first book to evaluate the canonical narratives, examples, and ideas that legal decisionmakers repeatedly invoke to explain family law and its governing principles. These stories contend that family law is exclusively local, that it repudiates market principles, that it has eradicated the imprint of common law doctrines which subordinated married women, that it is dominated by contract rules permitting individuals to structure their relationships as they choose, and that it consistently prioritizes children's interests over parents' rights. In this book, Jill Elaine Hasday reveals how family law's canon misdescribes the reality of family law, misdirects attention away from the actual problems that family law confronts, and misshapes the policies that legal authorities pursue. She demonstrates how much of the 'common sense' that decisionmakers expound about family law actually makes little sense. Family Law Reimagined uncovers and critiques the family law canon and outlines a path to reform. Challenging conventional answers and asking questions that judges and lawmakers routinely overlook, it calls on us to reimagine family law"--Unedited summary from book jacket.
Notes: Includes bibliographical references (pages 229-298) and index.
Table of contents: title: Federalism and the family; title: Family law and economic exchange; title: Progress narratives for adults; title: A progress narrative for children; title: Sibling ties and other noncanonical family relationships; title: Family law for the poor.