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Philosophy, Law and the Family - A New Introduction to the Philosophy of Law (Paperback, Softcover reprint of the original 1st ed. 2017)
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Philosophy, Law and the Family - A New Introduction to the Philosophy of Law (Paperback, Softcover reprint of the original 1st ed. 2017)
Series: AMINTAPHIL: The Philosophical Foundations of Law and Justice, 7
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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.
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