Philosophy Law And The Family

Author : Laurence D. Houlgate
Publisher : Springer
Page : 283 pages
File Size : 45,6 Mb
Release : 2017-01-21
Category : Law
ISBN : 9783319511214

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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.

Author : Elizabeth Brake,Lucinda Ferguson
Publisher : Oxford University Press
Page : 350 pages
File Size : 40,8 Mb
Release : 2018-02-23
Category : Law
ISBN : 9780191089718

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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.

Author : Laurence D. Houlgate
Publisher : Rowman & Littlefield Publishers
Page : 207 pages
File Size : 47,9 Mb
Release : 1988
Category : Domestic relations
ISBN : 0847675890

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Family and State by Laurence D. Houlgate Pdf

Author : Alison Diduck,Noam Peleg,Helen Reece
Publisher : BRILL
Page : 685 pages
File Size : 46,9 Mb
Release : 2015-08-27
Category : Law
ISBN : 9789004261495

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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.

Author : Diana T. Meyers,Kenneth Kipnis,Cornelius F. Murphy
Publisher : Unknown
Page : 315 pages
File Size : 52,5 Mb
Release : 1993
Category : Social Science
ISBN : 0801499097

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Kindred Matters by Diana T. Meyers,Kenneth Kipnis,Cornelius F. Murphy Pdf

Taken together, the chapters in this volume attempt to understand marriage and the family, both the familiar social affiliations that are widely held to be at the foundation of the civil order and the legal principles and practices that constitute and regulate these relationships. The volume is divided into four parts: family life and moral theory, childbearing--new choices, parents and the state, and legal models and family dynamics. Most of the papers were originally presented at the AMINTAPHIL (American Section of the International Association for Philosophy of Law and Social Philosophy) conference on the family held at Pace U. in 1988. Paper edition (unseen), $15.95. Annotation copyright by Book News, Inc., Portland, OR

Author : Andrei Marmor
Publisher : Routledge
Page : 630 pages
File Size : 53,6 Mb
Release : 2012
Category : Law
ISBN : 9780415878180

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The Routledge Companion to Philosophy of Law by Andrei Marmor Pdf

The Routledge Companion to the Philosophy of Law provides a comprehensive, non-technical philosophical treatment of the fundamental questions about the nature of law. Its coverage includes law's relation to morality and the moral obligations to obey the law, the main philosophical debates about particular legal areas such as criminal responsibility, property, contracts, family law, law and justice in the international domain, legal paternalism and the rule of law. The entirely new content has been written specifically for newcomers to the field, making the volume particularly useful for undergraduate and graduate courses in philosophy of law and related areas. All 39 chapters, written by the world's leading researchers and edited by an internationally distinguished scholar, bring a focused, philosophical perspective to their subjects. The Routledge Companion to the Philosophy of Law promises to be a valuable and much consulted student resource for many years.

Author : Jo Bridgeman,Craig Lind
Publisher : Routledge
Page : 307 pages
File Size : 46,9 Mb
Release : 2016-04-08
Category : Law
ISBN : 9781317064770

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Responsibility, Law and the Family by Jo Bridgeman,Craig Lind Pdf

Focusing on moral, social and legal responsibilities as opposed to rights or obligations, this volume explores the concept of responsibility in family life, law and practice. Divided into four parts, the study considers the nature of family responsibility; constructions of children's responsibilities; shifting conceptions of family responsibilities; and family, responsibility and the law. The collection brings together leading experts from the disciplines of sociology, socio-legal studies and law to discuss responsibilities prior to birth, responsibilities for children, as well as responsibilities of children and of the state towards family members. The volume informs and challenges the developing conceptualization of responsibilities which arise in interdependent, intimate and caring relationships and their legal regulation. It will be of great interest to researchers and practitioners working in this complex field.

Author : David V. Ciavatta
Publisher : State University of New York Press
Page : 283 pages
File Size : 47,5 Mb
Release : 2010-07-02
Category : Philosophy
ISBN : 9781438428727

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Spirit, the Family, and the Unconscious in Hegel's Philosophy by David V. Ciavatta Pdf

Investigates the role of family in Hegel’s phenomenology.

Author : Teresa Baron,Christopher Cowley
Publisher : Bloomsbury Publishing
Page : 217 pages
File Size : 42,9 Mb
Release : 2024-02-22
Category : Psychology
ISBN : 9781350373655

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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.

Author : Teresa Baron,Christopher Cowley
Publisher : Bloomsbury Publishing
Page : 324 pages
File Size : 51,8 Mb
Release : 2024-02-22
Category : Psychology
ISBN : 9781350373648

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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.

Author : Raymond Wacks
Publisher : Oxford University Press
Page : 169 pages
File Size : 42,7 Mb
Release : 2014-02
Category : Law
ISBN : 9780199687008

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Philosophy of Law by Raymond Wacks Pdf

Raymond Wacks reveals the intriguing and challenging nature of legal philosophy, exploring the notion of law and its role in our lives. He refers to key thinkers from Aristotle to Rawls, from Bentham to Derrida and looks at the central questions behind legal theory, and law's relation to justice, morality, and democracy.

Author : Georg Wilhelm Friedrich Hegel
Publisher : DigiCat
Page : 281 pages
File Size : 54,9 Mb
Release : 2022-11-13
Category : Philosophy
ISBN : EAN:8596547393597

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The Philosophy of Right and Law by Georg Wilhelm Friedrich Hegel Pdf

"The Philosophy of Right" is Hegel's most mature statement of his legal, moral, social and political philosophy. It begins with a discussion of the concept of the free will and argues that the free will can only realize itself in the complicated social context of property rights and relations, contracts, moral commitments, family life, the economy, the legal system, and the polity. A person is not truly free, in other words, unless he is a participant in all of these different aspects of the life of the state. "The Philosophy of Law" is an essay in which Hegel explains the fundamentals of legal philosophy. Hegel's philosophy of law is best understood as a natural law theory.

Author : Geert Keil,Ralf Poscher
Publisher : Oxford University Press
Page : 350 pages
File Size : 51,9 Mb
Release : 2016-12-01
Category : Law
ISBN : 9780191085703

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Vagueness and Law by Geert Keil,Ralf Poscher Pdf

Vague expressions are omnipresent in natural language. As such, their use in legal texts is virtually inevitable. If a law contains vague terms, the question whether it applies to a particular case often lacks a clear answer. One of the fundamental pillars of the rule of law is legal certainty. The determinacy of the law enables people to use it as a guide and places judges in the position to decide impartially. Vagueness poses a threat to these ideals. In borderline cases, the law seems to be indeterminate and thus incapable of serving its core rule of law value. In the philosophy of language, vagueness has become one of the hottest topics of the last two decades. Linguists and philosophers have investigated what distinguishes " vagueness from other kinds of linguistic indeterminacy, such as ambiguity, generality, open texture, and family resemblance concepts. There is a vast literature that discusses the logical, semantic, pragmatic, and epistemic aspects of these phenomena. Legal theory has hitherto paid little attention to the differences between the various kinds of linguistic indeterminacy that are grouped under the heading of ", let alone to the various theories that try to account for these phenomena. Bringing together leading scholars working on the topic of vagueness in philosophy and in law, this book fosters a dialogue between philosophers and legal scholars by examining how philosophers conceive vagueness in law from their theoretical perspective and how legal theorists make use of philosophical theories of vagueness. The chapters of the book are organized into three parts. The first part addresses the import of different theories of vagueness for the law, referring to a wide range of theories from supervaluationist to contextualist and semantic realist accounts in order to address the question of whether the law can learn from engaging with philosophical discussions of vagueness. The second part of the book examines different vagueness phenomena. The contributions in part 2 suggest that the greater awareness to different vagueness phenomena can make lawyers aware of specific issues and solutions so far overlooked. The third part deals with the pragmatic aspects of vagueness in law, providing answers to the question of how to deal with vagueness in law and with the professional, political, moral, and ethical issues such vagueness gives rise to.

Author : David Archard
Publisher : Ashgate Publishing
Page : 216 pages
File Size : 40,5 Mb
Release : 2003
Category : Family & Relationships
ISBN : UOM:39015056897872

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Children, Family, and the State by David Archard Pdf

David Archard adopts three areas for particular discussion on the practical implications of the general theoretical issues: education, child protection policy, and the medical treatment of children. Providing a clear legal context and a sharper, contemporary discussion of the question of rights, this book presents a clear introduction to the key issues in the moral and political status of children."--Jacket.

Author : Plato
Publisher : DigiCat
Page : 573 pages
File Size : 44,5 Mb
Release : 2022-05-28
Category : Political Science
ISBN : EAN:8596547026365

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Laws by Plato Pdf

The Laws is Plato's last, longest, and perhaps, most famous work. It presents a conversation on political philosophy between three elderly men: an unnamed Athenian, a Spartan named Megillus, and a Cretan named Clinias. They worked to create a constitution for Magnesia, a new Cretan colony that would make all of its citizens happy and virtuous. In this work, Plato combines political philosophy with applied legislation, going into great detail concerning what laws and procedures should be in the state. For example, they consider whether drunkenness should be allowed in the city, how citizens should hunt, and how to punish suicide. The principles of this book have entered the legislation of many modern countries and provoke a great interest of philosophers even in the 21st century.