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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Family law
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Family Law and Personal Life (Hardcover)
Loot Price: R2,592
Discovery Miles 25 920
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Family Law and Personal Life (Hardcover)
Expected to ship within 12 - 17 working days
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How should our most intimate personal relationships be governed in
a liberal society? Should the state encourage a particular model of
family life, or support individuals in their pursuit of personal
happiness? To what extent do people have the right to shape the
lives of their offspring? This book examines the questions at the
heart of family law, rethinking the ideas that shape our
understanding of the family as a social unit, its purpose, and the
obligations and rights that belong to family members.
The book explores how the governance of personal relationships has
depended on the exercise of power, from the traditional assumptions
of patriarchy, where the male head of the family enjoyed full
control over his dependents and descendents, to the ideology of
welfarism, where state institutions protect the interests of the
vulnerable at the expense of their close relations. Emerging from
these conflicting ideologies comes today's rights-based culture,
where traditional expectations for behavior within a family sit
within a new emphasis on the ability of minorities and traditional
dependents to determine the shape of their own lives.
Against this background of shifting power relations, the book
explores the inter-relationship between the legal regulation of
people's personal lives and the values of friendship, truth,
respect and responsibility. In doing this, a variety of
controversial issues are examined in the light of those values:
including the legal regulation of gay and unmarried heterosexual
relationships; freedom of procreation; state supervision over the
exercise of parenthood; the role of fault in divorce law; the way
parenthood is allocated; the rights andresponsibilities of parents
to control their children; the place of religion in the family; the
rights of separated partners regarding property and of separated
parents regarding their children.
Throughout, the book offers a new picture of the intimacy at the
center of personal relationships and argues that only by
understanding this intimacy, and its role in human happiness, can
we arrive at a true framework for respecting, and governing, the
personal lives of other people.
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