Philosophical Foundations Of Children S And Family Law
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Philosophical Foundations of Children's and Family Law by Elizabeth Brake,Lucinda Ferguson Pdf
This collection is the first of its kind to examine the ethical foundations of family law. Topics include the value of marriage, the scope of parental control rights, the protection of children's interests, and the role of religious freedom in the legal attitude to family relationships.
Philosophy, Law and the Family by Laurence D. Houlgate Pdf
This textbook uses cases in family law to illustrate both traditional philosophical problems in the law as well as problems that are unique to family law. In the beginning chapters family law cases are employed to introduce the reader to philosophical debates about the relationship between law and morals, about how one ought to interpret the U.S. Constitution and its amendments, about the conditions under which individual liberty is justifiably limited by law, about the justification of punishment, and about the justification of remedies and standards of care in determining negligence in tort cases. Later chapters are devoted to contemporary issues unique to family law, including justifiable limits of access to marriage, alternatives to marriage, the rights of children, child custody disputes involving surrogate births, quasi-property disputes involving custody of frozen embryos, and the justifiable limits of the right not to procreate. The book reflects current movements, contemporary debates, and recent research on the philosophical problems in family law.
Philosophical Foundations of Children's and Family Law by Elizabeth Brake,Lucinda Ferguson Pdf
This volume brings together new essays in law and philosophy on a broad range of topics in children's and family law. It is the first volume to bring together essays by legal scholars and philosophers for an integrated, critical analysis of key issues in this area, marking the 'coming of age' of a comparatively new field of family law. Debates in children's and family law are at once theoretical and empirical in nature. Not only does children's and family law have significant consequences for individuals' intimate lives, the field's impact on lived experience highlights the socially constructed nature of law. Approaching this area of law often involves exploring a legal concept familiar from daily life, such as the very notion of 'marriage' or 'family', and examining it within its social, economic, and historical context. The normative basis for law regulating intimate personal and family life extends beyond any narrow legal philosophy or social context to its broader foundations in theories of morality or justice. The chapters included bring together a representative and broad range of pieces that engage with long-standing and contemporary debates. A wide range of perspectives is represented on topics such as same-sex marriage, polygamy and polyamory, alimony, unmarried cohabitation, gestational surrogacy and assisted reproductive technologies, child support, parental rights and responsibilities, children's rights, family immigration, religious freedom, and the rights of paid caregivers. There is also philosophical discussion of concepts such as care, intimacy, and the nature of family and family law itself.
Law in Society: Reflections on Children, Family, Culture and Philosophy by Alison Diduck,Noam Peleg,Helen Reece Pdf
This collection, written by legal scholars from around the world, offers insights into a variety of topics from children’s rights to criminal law, jurisprudence, medical ethics and more. Its breadth reflects the fact that these are all elements of what can broadly be called ‘law and society’, that enterprise that is interested in law’s place or influence in diffferent aspects of real lives and understands law to be simultaneously symbol, philosophy and action. It also testament to the broad range of vision of Professor Michael Freeman, in whose honour the volume was conceived. The contributions are divided into categories which reflect his distinguished career and publications, over 85 books and countless articles, including pioneering work on children’s rights, domestic violence, religious law, jurisprudence, law and culture, family law and medicine, ethics and the law, as well as his enduring commitment to interdisciplinarity.
Philosophy of the Family by Teresa Baron,Christopher Cowley Pdf
Almost everyone grows up in a family, and family ties play an important role in daily life. But what exactly is a 'family'? What is a 'family tie'? We use the general concept of 'family' in many contexts in fiction, in talk shows, in law, in politics and yet one person's family may be strikingly different from another's. This introductory guide sets out to examine the multiple meanings of the family and related concepts. It explores the different roles played by these concepts in our attempts to understand who we are, where we belong, and what we owe to whom, and the relationships between individual, family, and society. Grounded in philosophy and ethics, the book also draws extensively from other disciplines such as law and sociology, discussing the concrete implications of these ideas for issues such as parental love, marriage and divorce, family autonomy, and assisted reproduction.
Philosophical Foundations of Medical Law by Andelka M. Phillips,Thana C. de Campos,Jonathan Herring Pdf
With advances in personalised medicine, the field of medical law is being challenged and transformed. The nature of the doctor-patient relationship is shifting as patients simultaneously become consumers. The regulation of emerging technologies is being thrown into question, and we face new challenges in the context of global pandemics. This volume identifies significant questions and issues underlying the philosophy of medical law. It brings together leading philosophers, legal theorists, and medical specialists to discuss these questions in two parts. The first part deals with key foundational theories, and the second addresses a variety of topical issues, including euthanasia, abortion, and medical privacy. The wide range of perspectives and topics on offer provide a vital introduction to the philosophical underpinnings of medical law.
What does it mean to be good? Why do people die? What is friendship? Children enter the world full of questions and wrestle with deep, thoughtful issues, even if they do not always wonder them aloud. Many parents have the desire to discuss philosophical ideas with their children, but are unsure how to do so. The Philosophical Child offers parents guidance on how to gently approach philosophical questions with children of all ages. Jana Mohr Lone argues that for children to mature emotionally, they must develop their desire and ability to think abstractly about themselves and their experiences. This book suggests easy ways that parents can engage with their children's philosophical questions and help them develop their "philosophical selves."
The Voice of a Child in Family Law Disputes by Patrick Parkinson,Judy Cashmore Pdf
Is it better to keep children out of family law conflicts about parenting, or to give them a say? This book integrates the issues with empirical data on the views and experiences of children and other participants in such disputes, suggesting ways that children can better be heard without placing them at the centre of conflicts.
Philosophical Foundations of Property Law by James Penner,Henry Smith Pdf
Property has long played a central role in political and moral philosophy. Philosophers dealing with property have tended to follow the consensus that property has no special content but is a protean construct - a mere placeholder for theories aimed at questions of distributive justice and efficiency. Until recently there has been a relative absence of serious philosophical attention paid to the various doctrines that shape the actual law of property. If the philosophy of property is to be more attentive to concepts lying between broad considerations of political philosophy and distributive justice on the one hand and individual rules on the other, what in this broad space needs explaining, and how might we justify what we find? The papers in this volume are a first step towards filling this gap in the philosophical analysis of private law. This is achieved here by revisiting the contributions of philosophers such as Hume, Locke, Kant, and Grotius and revealing how particular doctrines illuminate the way in which property law respects the equality and autonomy of its subjects. Secondly, by exploring the central notions of possession, ownership, and title and finally by considering the very foundations of conceptualism in property.
Adoption Matters by Sally Anne Haslanger,Charlotte Witt Pdf
"As a social and legal institution of family formation, and as a personal experience of members of the adoption triad, adoption provides a fresh vantage point on an important set of philosophical and feminist issues. The family is often thought to be the basic and natural form of social life for human beings; adoption, however, highlights the powerful role that law and politics play in shaping families and our ideas about families. As a result, attention to the practices of adoption sheds light upon deeply held, but often tacit assumptions about what is natural and what is social in human life."--from the IntroductionThe institution of adoption has come under increasing scrutiny in recent years as the adoption world has undergone seismic shifts: the rise in international and transracial adoptions and the effects of global economics; adoption by gays and lesbians; increasing openness in the adoption process; and changes in domestic welfare policy on adoption. Adoption Matters adds to our understanding of reproduction, parenting, familial bonds, personal identity, self-knowledge, and contemporary social policy. The contributors to Adoption Matters explore a range of related topics, such as the manner in which interracial or international adoption affects the way we perceive the relationships among race, ethnicity, and culture and how class affects one's life prospects and choices. "In this distinctive collection of essays, the authors illuminate adoption by bringing feminist theory to bear on it, and they expand and enrich feminist theory by making it respond to their own personal experience as adoptive parents or as adoptees."--Joan Heifetz Hollinger, Boalt Hall School of Law, University of California, Berkeley, editor of Adoption Law and Practice and coeditor of Families by Law: An Adoption Reader "Adoption Matters courageously examines how adoption influences and challenges our society's understanding of the intersection of family and identity 'an intersection that is both deeply personal and highly political.'"--Abigail Garner, author of Families Like Mine: Children of Gay Parents Tell It Like It Is
Philosophical Foundations of Discrimination Law by Deborah Hellman,Sophia Moreau Pdf
Exploring the philosophical foundations of discrimination law as it exists in several jurisdictions, this collection of all new essays bridges the gap between abstract philosophical work on justice and fairness and legal work on specific types of discrimination.
Author : Andrew S. Gold,Paul B. Miller Publisher : Philosophical Foundations of L Page : 449 pages File Size : 49,5 Mb Release : 2014 Category : Law ISBN : 9780198701729
Philosophical Foundations of Fiduciary Law by Andrew S. Gold,Paul B. Miller Pdf
Fiduciary law is one of the most important areas of private law, governing a wide range of relationships that affect people in their daily lives. These new and innovative essays explore the foundations of fiduciary relationships and the duties fiduciaries owe to their beneficiaries.
