Family and state: the philosophy of family law
This text focuses on the nature and scope of family law and evaluates the laws affecting the family. It attempts to answer some inherent questions such as what is the justification for marriage, under what conditions should an adult be given custody rights to a child and what should be the grounds for a finding of child neglect or abuse. He makes suggestions for modifications of the present laws.
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The Philosophy of Family Law
The Justification of the Family
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abortion abuse and neglect adult agreement Amish approach argued argument balance of happiness basis behavior best interests biological parents Chapter child abuse child custody child-rearing coercive cohabitation corporal punishment criminal custody disputes Danarchia decisions defective disposition divorce duties enforce ethical example family court family law family members fetus function gestational gestational mother H.L.A. Hart happiness harm principle Hence human husband Ibid individual individualistic model intervention Joel Feinberg jurisdiction justified Kevin Sampson legal right liberty marital marriage contract married persons middle-range principles moral neglect natural law natural rights normative optimum communal benefit organic model organicist parental rights particular physical injury placement prevent principle of equality principle of optimum principle of utility problem procreation prohibit proposed protect psychological parent question rearing relationship removal rules serious harm sexual abuse society specific spouse standard suffer Supreme Court surrogate mother contract theory tion unmarried utilitarian Wald welfare wife woman