Family Law and Personal Life

Abstract

The book sees the governance of personal relationships as the exercise of power, from the traditional assumptions of patriarchy and the control one generation seeks to exercise over its successor, to the ideology of welfarism, where state institutions protect the interests of the vulnerable in accordance with its own perceptions of their interests. It argues that perceptions of rights are a significant counterpoise to such exercises of power. Against that background, it explores the interrelationship between the regulation by law of people's personal lives and the values of friendship, truth, respect, responsibility and community. 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 and responsibilities of parents to control their children, the place of religion in the family, the rights of separated partners regarding property and financial support, and of separated parents regarding their children. The book offers a new picture of intimacy at the centre of personal relationships and sets out the elements for a conceptual framework according to which regulation of people's personal lives can be justified in an open society.

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