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What is The Family of Law?: The Influence of the Nuclear Family

Autor Dr Alan Brown
en Limba Engleză Paperback – 23 sep 2020
This book argues that the legal understanding of 'family' in the UK continues to be underpinned by the idealised image of the 'nuclear family', premised upon the traditional, gendered roles of 'father as breadwinner' and 'mother as homemaker'. This examination of the law's model of the 'family' has been prompted by the substantial reforms that have taken place in family law in recent decades, and the significant evolution in social attitudes and familial practices that has occurred in parallel.Throughout the book, the influence of the nuclear family is noted in several different contexts: various specific legal definitions of 'family', the legal regulation of adult, conjugal relationships, the attribution of legal parenthood and the construction of the role of the 'parent' within the law. Ultimately, this book argues that while these reforms have resulted in additional categories of relationship coming to be situated within the nuclear family model, there has not, as yet, been any fundamental alteration of the underpinning concept of the nuclear family itself.This book concludes by considering the possibilities offered beyond the 'nuclear family'; exploring the reconceptualising of the legal understanding of 'family' around alternative and potentially 'radical' models of 'family'.
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Specificații

ISBN-13: 9781509945313
ISBN-10: 1509945318
Pagini: 248
Dimensiuni: 156 x 234 mm
Greutate: 0.35 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

Contributes to important and ongoing debates within the global family law literature and engages with American, Canadian and Australian scholarship, so will have a broad jurisdictional appeal beyond the UK

Notă biografică

Alan Brown is Lecturer in Private Law at the University of Glasgow.

Cuprins

I. Theoretical ContextII. Outline PART ITHE FAMILY1. What is the Law's 'Family'? I. 'Family' as a Social ConceptII. The Law's 'Definition(s)' of 'Family'III. The Influence of the Nuclear Family Model within the Definitions of 'Family' 2. The Historical and Philosophical Underpinnings of the 'Nuclear Family' Model I. The 'Family' and the 'Legal Subject' II. Critiquing the Orthodox Construction of the Legal Subject III. The Nuclear Family as the Natural Model of 'Family' PART IITHE CONJUGAL RELATIONSHIP3. The Legal Regulation of Conjugal Relationships I. What is Marriage in UK Law? II. The Centrality of Conjugality PART IIIPARENTHOOD4. The Attribution of Legal Parenthood within UK Law I. Natural Reproduction II. Assisted ReproductionIII. Surrogacy 5. The Legal Understanding of the Parental Role I. What is the 'Parent' in the Law? II. The Gendered Parenting Roles of the Nuclear Family III. The Role of Lesbian 'Mothers' or 'Parents' PART IVTHE FUTURE6. The Possibilities Offered by Alternative 'Models' of the 'Family' I. Exploring the Conceptual Influences II. Abstract Models and Real FamiliesConclusion

Recenzii

A timely contribution to the literature . of interest to academics, researchers and scholars involved in family law, not just within the UK but also well beyond its shores.