Family Law in America
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Product details:
- Publisher OUP Oxford
- Date of Publication 18 December 2003
- ISBN 9780199264346
- Binding Hardback
- No. of pages288 pages
- Size 241x162x20 mm
- Weight 550 g
- Language English 0
Categories
Short description:
In this volume, Professor Katz analyses family law in America as a process by which governmental decisions about the family are made. He perceives the cycle of state and family interaction in terms of three basic areas of decision: establishment, maintenance, and termination. Within this structure he discusses the complexities of family law which arise as a consequence of the legal recognition of alternative models to conventional family and family-like relationships.
MoreLong description:
For many years family law was viewed as a study of the regulation of relationships of husband and wife and parent and child. Both relationships were clearly defined. In the case of husband and wife, it was through formal legal procedures or informal arrangements called marriage. In the case of parent and child it was either through biology or adoption. Equally defined were the stages by which these relationships were established, maintained, and terminated. By the close of the
twentieth century, basic questions about who should be officially designated a family member and by what procedure were being raised both in the legislature and in litigation. In addition, conventional models that had defined domestic relations such as marriage, divorce, and adoption were either being
expanded to include contemporary patterns of living arrangements and the current reality or new models were being constructed.
This volume examines the present state of family law in America. Among its themes is the tension between individual autonomy and governmental regulation in all aspects of family law. It examines both conventional and new definitions of formal and informal domestic relationships. It analyses the extent to which relationships established before marriage are being regulated, and how marriage is being redefined to take into account equality of the sexes. It demonstrates how the definition of
marriage as a partnership in which the individual spouse's rights are recognized has resulted in protection of the vulnerable spouse. It examines fault and no-fault divorce procedures and the extent to which these procedures reflect social realities. This volume describes state intervention into the
parent and child relationship and how this is reflected in the reexamination of the privacy of the family unit. It concludes with a discussion of the conventional model of adoption of children and how additional models are being developed to take into account new family forms.
"...It is a excellent work...a very useful book...his long & varied experiance has added specail and valuable dimensions to his new book...the amount covered is remarkable. It is written in a very readable, nontechnical style, and the decision to utlize certain cases for more in-depth treatment serves the purpose of integrating practice considerations.
Table of Contents:
Introduction
Friendship and Courtship
Marriage
Divorce
Child Protection
Adoption
