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Obligation and Commitment in Family Law (Hardcover)
Loot Price: R3,133
Discovery Miles 31 330
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Obligation and Commitment in Family Law (Hardcover)
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A tension lies at the heart of family law. Expressed in the
language of rights and duties, it seeks to impose enforceable
obligations on individuals linked to each other by ties that are
usually regarded as based on love or blood. Taking a contextual
approach that draws on history, sociology and social policy as well
as law and legal theory, this book examines the concept of
obligation as it has been developed in family law and the
difficulties the law has had in translating it from a theoretical
and ideological concept into the basis of enforceable actions and
duties. Increasingly, the idea of commitment has been offered as
the key organising principle for the recognition of family
relationships, often as a means of rebutting claims that family
ties are becoming attenuated, but the meaning and scope of this
concept have not been explored. The book traces how the notion of
commitment is understood and how far it has come to be used as a
rationale for imposing the core legal obligations which underpin
care and caring within families.
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