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Vol 21 No 11 Nov/Dec 2016

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Family Law Reimagined


ISBN13: 9780674281288
Published: June 2014
Publisher: Harvard University Press
Country of Publication: USA
Format: Hardback
Price: £33.95



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One of the 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 both 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.

Subjects:
Other Jurisdictions , USA
Contents:
Introduction: The Family Law Canon
I. Family Law Exceptionalism
1. Federalism and the Family
2. Family Law and Economic Exchange
II. The Family Law Canon’s Progress Narratives
3. Progress Narratives for Adults
4. A Progress Narrative for Children
III. What’s Missing from the Family Law Canon?
5. Sibling Ties and Other Noncanonical Family Relationships
6. Family Law for the Poor
Conclusion: Recasting the Family Law Canon
Notes
Acknowledgments
Index