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Items
Details
Author
Title
Family law and personal life / John Eekelaar.
Published
New York, NY : Oxford University Press, 2017.
Call Number
K625 .E334 2017
Edition
Second edition.
ISBN
9780198814085 (hardback)
0198814089
0198814089
Description
xviii, 219 pages ; 23 cm
System Control No.
(OCoLC)991428693
Summary
Developments in the law, scholarship, and research since 2006 form a substantial part of the second edition of this book which sets the governance of personal relationships in the context of the exercise of social and personal power. Its central argument is that this power is counterbalanced by the presence of individual rights. This entails an analysis of the nature and deployment of rights, including human rights, and children's rights. Against that background, the book examines the values of friendship, truth, respect, and responsibility, and how the values of individualism co-exist with those of the community in an open society. It argues that central to these values is respecting the role of intimacy in personal relationships. In doing this, a variety of issues are examined, including the legal regulation of married and unmarried relationships, same-sex marriage, state supervision over the inception and exercise of parenthood (including surrogacy and assisted reproductive technology), the role of fault and responsibility in divorce law, children's rights and welfare, religion and family rights, the rights of separated partners regarding property and of separated parents regarding their children, and how states should respond to cultural diversity.
Note
Developments in the law, scholarship, and research since 2006 form a substantial part of the second edition of this book which sets the governance of personal relationships in the context of the exercise of social and personal power. Its central argument is that this power is counterbalanced by the presence of individual rights. This entails an analysis of the nature and deployment of rights, including human rights, and children's rights. Against that background, the book examines the values of friendship, truth, respect, and responsibility, and how the values of individualism co-exist with those of the community in an open society. It argues that central to these values is respecting the role of intimacy in personal relationships. In doing this, a variety of issues are examined, including the legal regulation of married and unmarried relationships, same-sex marriage, state supervision over the inception and exercise of parenthood (including surrogacy and assisted reproductive technology), the role of fault and responsibility in divorce law, children's rights and welfare, religion and family rights, the rights of separated partners regarding property and of separated parents regarding their children, and how states should respond to cultural diversity.
Bibliography, etc. Note
Includes bibliographical references (pages 195-214) and index.
Other Editions
Revision of: Eekelaar, John. Family law and personal life. Oxford ; New York : Oxford University Press, 2006 9780199213825 (OCoLC)76481542
Record Appears in
Gift
Purchased from the income of the Cardozo Fund
Gift

The Arthur W. Diamond Law Library
Purchased from the income of the Cardozo Fund
Table of Contents
Table of Cases
xv
1.
Power
1
Family practices and the diffusion of power
1
open society
6
welfarism thesis
8
case of divorce
17
new era: from family law to personal law?
21
2.
Rights
30
Rights as a countervailing force to power
30
What are rights?
30
Human rights
40
Development of claims of rights in personal law
42
Children's rights and the `best interests' (welfare) principle
54
Rights and values
63
3.
Respect
64
What is respect?
64
Respect and the intimate
68
Care and nurture
77
Religion
84
Procreation
89
Respecting children
92
4.
Friendship
94
Friendship and brotherly love
96
`Full' friendship as a paradigmatic value
97
Friendship and public constraints
100
Marriage and friendship compared
102
Friendship plus
106
Why consider friendship at all?
113
5.
Responsibility
115
Historical responsibility
118
Prospective responsibility
121
fuller concept of responsibility
138
6.
Truth
144
Truth, kinship, and manipulation
146
Truth and identity
151
Truth and justice
159
Truth and shame
161
7.
Community
164
fear of individualism
164
Communities, power, and rights
168
Personal law and culture
173
Caring communities
178
Asserting rights
179
Diversion
186
Children
191
International issues
192
Communities, obligations, and law
193
Bibliography
195
Index
215