scholarly journals “Family” as a legal concept

Revista CS ◽  
2015 ◽  
pp. 91-109
Author(s):  
Isabel Cristina Jaramillo Sierra ◽  
Helena Alviar
Keyword(s):  
Social Policy ◽  
Subject Matter ◽  
Legal Theory ◽  
Family Law ◽  
Same Sex ◽  
Legal Concept ◽  
Same Sex Couples ◽  
The Family ◽  
Proper Definition

The concept of “family” plays an important role in the way national legal regimes distribute both power and resources. However, the idea of what a family is or should be is not univocal for all branches of law. In this paper we wish to contribute to feminist thinking about the law and to legal theory in general, by showing the contradictions and gaps in law’s incorporation of the legal concept of the family and their distributive impact. We use the notion of conceptual fragmentation to refer to the irregular manner in which family as a legal concept lands into the realms of diverse fields of law at different moments in time and with different emphasis. We argue that conceptual fragmentation makes connections through time and subject matter invisible, and therefore makes it harder to have a critique of the role of the family, treated as a legal concept, in the oppression of women. We establish that conceptual fragmentation is not irrational or incoherent but rather patterned in ways that correspond to the losses of women in contemporary societies. We use the case of colombian law to illustrate the stakes involved in defining the family and the operations that we call fragmentation. In particular, we explain how family law exceptionalism was produced, the importance of the legal concept of the family within family law and its ambivalence as to the proper definition, and the evolution of the concept of family within social policy. We argue that even if the stakes of the family seem to be all for same sex couples, in so far as “family” is still about reproduction and distribution, we should be vigilant about how women fare in the conceptual turns that seek to bring us closer to the natural family.

Same-Sex Relationships

2011 ◽  
Author(s):  
Joanna L. Grossman ◽  
Lawrence M. Friedman
Keyword(s):  
Family Law ◽  
Same Sex ◽  
Marriage And Family ◽  
Same Sex Marriage ◽  
The Social ◽  
The Family ◽  
Traditional Marriage ◽  
The Right ◽  
Constitutional Analysis

This chapter describes what might be the last battleground over “traditional” marriage—same-sex marriage, and the social and legal revolution that brought us from an era in which it was never contemplated to one in which, depending on the state, it is either expressly authorized or expressly prohibited. Same-sex marriage has posed—and continues to pose—a challenge to traditional definitions of marriage and family. But, more importantly, the issue implies broader changes in family law—the increasing role of constitutional analysis; limits on the right of government to regulate the family; and the clash between the traditional family form and a new and wider menu of intimate and household arrangements, and all this against the background of the rise of a stronger form of individualism.

Part V Family Law, 23 Declarations

2017 ◽  
Author(s):  
Torremans Paul
Keyword(s):  
Marital Status ◽  
Family Law ◽  
Same Sex ◽  
Same Sex Couples ◽  
Child Abduction ◽  
Civil Partnership ◽  
The Family ◽  
Statutory Power

This chapter examines the power of the courts, both under their inherent jurisdiction and by statute, to make declarations as to marital status. For many years, the courts had statutory power to grant declarations of legitimacy, legitimation, and the validity of a marriage or whether the petitioner is a British subject. However, there was no power to declare the invalidity of a marriage by declaration: that had to be done in nullity proceedings. This chapter discusses the relevant provisions of Part III of the Family Law Act 1986 relating to declarations as to marital status; declarations of parentage, legitimacy, or legitimation; and declarations as to adoptions effected overseas. It also considers the relevant provisions of the Child Abduction and Custody Act 1985, Civil Partnership Act 2004, Marriage (Same Sex Couples) Act 2013, and Presumption of Death Act 2013.

The challenge of Populist Radical Right Parties to Europeanization – the cases of Estonia and Latvia, 2018-2021

2021 ◽  
Vol 19 (3) ◽  
pp. 143-175
Author(s):  
Aleksandra Kuczyńska-Zonik ◽  
Peteris F. Timofejevs
Keyword(s):  
Western Europe ◽  
Family Law ◽  
Same Sex ◽  
Member States ◽  
Legal Recognition ◽  
Political Actors ◽  
East European ◽  
Same Sex Couples ◽  
Eu Member States ◽  
Definition Of

Over the last two decades, family law has undergone changes in Western Europe, widening the definition of marriage to include same-sex couples. In addition, some East European countries offer a legal recognition of civil unions of same-sex couples, while others do not offer any legal recognition at all. This diversity in family law has been recently challenged by developments at the European level. It is argued here that this constitutes an adaptational pressure on those European Union (EU) member states that do not offer any or offer only formal recognition of same-sex couples. We examine two cases when member states faced such an adaptational pressure, namely Estonia and Latvia, focusing on the interplay of two types of factors. First is that of formal institutions which, due to their constitutional role or their expertise in the EU law, may act as facilitators of legal changes. On the other hand, there are also political actors which have tried to constrain such an adaptation. We examine here especially the role of two political parties which have made a considerable effort to oppose the change in the two countries. It is argued here that the ideological orientation of these parties explains, at least partly, their opposition to the ongoing Europeanization of family law. The paper concludes with a discussion of the main findings and their implications.

“It’s Going to Be Okay”

2018 ◽  
pp. 117-138
Author(s):  
Mary Robertson
Keyword(s):  
Young People ◽  
Family Formation ◽  
American Family ◽  
Same Sex ◽  
Gender Identities ◽  
Same Sex Couples ◽  
White Middle Class ◽  
Younger Age ◽  
And Gender

Acknowledging that the youth of Spectrum tend to disclose their sexual and gender identities to parents at a relatively young age, this chapter explores the role of family in the formation of these youths’ sexualities and genders. It was often the case with Spectrum youth that, rather than rejection, they encountered loving support about their sexuality from their parents. The youth of Spectrum are of a generation of kids who are the first to grow up in a society in which same-sex couples and genderqueer parents rearing children have become significantly socially acceptable. The chapter argues that young people are sharing their queer sexual and gender identities with their parents at a younger age because of gender non-conformity that leads parents to make assumptions about their child’s sexuality because they are more frequently exposed to LGBTQ family members and loved ones and because these particular parents do not conform to the white, middle-class, heteropatriarchal regime of the Standard North American Family. Queer family formation has broad implications not just for same-sex couples but for the way U.S. society understands and recognizes family in general.

Family Formation and Parenthood

2020 ◽  
pp. 220-254
Author(s):  
Claire Fenton-Glynn
Keyword(s):  
Family Life ◽  
Family Formation ◽  
Same Sex ◽  
Same Sex Couples ◽  
New Methods ◽  
New Family ◽  
The Family ◽  
Reproductive Techniques ◽  
The Right ◽  
The Way

This chapter examines the interpretation of ‘family life’ under Article 8 and the way that this has evolved throughout the Court’s history. It contrasts the approach of the Court to ‘family life’ between children and mothers, with ‘family life’ between fathers and children, noting the focus of the Court on function over form. It then turns to the establishment of parenthood, both in terms of maternity and paternity, as well as the right of the child to establish information concerning their origins. Finally, the chapter examines the changing face of the family, considering new family forms, including same-sex couples and transgender parents, as well as new methods of reproduction, such as artificial reproductive techniques and surrogacy.

Couple Interventions for Same-Sex Couples

2019 ◽  
pp. 97-114
Author(s):  
Christopher A. Pepping ◽  
W. Kim Halford ◽  
Anthony Lyons
Keyword(s):  
Minority Stress ◽  
Couple Therapy ◽  
Evidence Base ◽  
Future Research ◽  
Relationship Education ◽  
Heterosexual Couples ◽  
Same Sex ◽  
Same Sex Couples ◽  
Future Research Directions

This chapter reviews the emerging field of couple interventions for same-sex couples. It outlines the evidence base for couple relationship education and couple therapy based on research with heterosexual couples. It reviews data pertaining to relationship stability and relationship satisfaction of same-sex couples and also the similarities and differences in the predictors of relationship outcomes between heterosexual and same-sex couples. The differences suggest modifications are required, including addressing the role of external influences on couple functioning, the role of dyadic coping to buffer effects of minority stress, non-monogamous relationships, and managing disclosure of one’s relationship. Currently, there is modest uptake of couple services among same-sex couples, and this chapter offers suggestions to enhance the relevance and inclusivity of couple interventions. It concludes by proposing a number of future research directions, including examining the efficacy of couple interventions for same-sex couples and evaluating innovations to increase same-sex couples’ access to services.

Consensual Dispute Resolution with Same-Sex Couples

2018 ◽  
pp. 133-146
Author(s):  
Diane M. Goodman ◽  
Mariette Geldenhuys
Keyword(s):  
Dispute Resolution ◽  
Judicial System ◽  
Same Sex ◽  
Same Sex Couples ◽  
Professional Needs ◽  
History Of ◽  
Similarities And Differences ◽  
Collaborative Law

This chapter discusses the role of consensual dispute resolution (CDR), which allows parties to resolve their disputes outside of the judicial system, in same-sex relationship dissolutions. Two forms of CDR are mediation and collaborative law. In mediation, the parties meet with a neutral professional who helps the parties identify and resolve their disputes. In collaborative law, each party is represented by a collaborative attorney. The chapter, outlines characteristics of mediation and collaborative law, including their similarities and differences, and the tenets of a collaborative divorce. It then describes how the history of discrimination in the courts has affected LGBTQ families and made the use of CDR a more satisfactory and safe way to uncouple. It examines the unique issues that arise for some LGBTQ clients. Lastly, it reviews the skills a CDR professional needs to work with LGBTQ clients.

Prejudice, Moral Progress, and Not Being on the Wrong Side of History

2020 ◽  
pp. 127-153
Author(s):  
Linda C. McClain
Keyword(s):  
White Supremacy ◽  
Well Being ◽  
Moral Progress ◽  
Constitutional Interpretation ◽  
Same Sex ◽  
Majority Opinion ◽  
Same Sex Couples ◽  
Wrong Side ◽  
The Supreme Court

This chapter argues that evaluating the arguments the parties made in Loving v. Virginia (1967), the iconic case in which the Supreme Court struck down Virginia’s anti-miscegenation law, aids in understanding puzzles about bigotry. Virginia attempted a modern, sociological defense of its racist law. Loving illustrates the role of generational moral progress in constitutional interpretation: laws justified by appeals to nature, God’s plan for the races, and children’s well-being were repudiated as rooted in racial prejudice, intolerance, and white supremacy. The chapter then considers Loving’s crucial (but contested) role in constitutional challenges to bars on same-sex marriage, first analyzing the successful challenge to Virginia’s defense of marriage law. It then analyzes the majority opinion in Obergefell v. Hodges, holding that same-sex couples have a fundamental right to marry; the dissenters argued Loving was inapt. The chapter concludes by discussing the role of moral progress and new insight in constitutional interpretation.

scholarly journals The Role of Sexual Prejudice and Aetiology Beliefs on the Italians’ Attitudes towards Adoption by Same-Sex Couples

2021 ◽  
Author(s):  
Silvia Di Battista ◽  
Daniele Paolini ◽  
Monica Pivetti ◽  
Lucia Mongelli
Keyword(s):  
Sexual Orientation ◽  
Gay Men ◽  
Sexual Prejudice ◽  
Gay And Lesbian ◽  
Same Sex ◽  
Lesbian Couples ◽  
Same Sex Couples ◽  
Positive Attitudes ◽  
The Relationship

Research found that those who believe sexual orientation is inborn have generally positive attitudes towards gay men and lesbians. However, other studies have also found that these beliefs could include negative eugenic ideas. This study aims to investigate the role of people’s beliefs about the aetiology of sexual orientation on attitudes towards adoption for both gay and lesbian couples. We hypothesized that this relationship would be mediated by sexual prejudice. To test the predictions, 256 Italian heterosexual participants were asked to answer to a scale about their beliefs regarding the aetiology of sexual orientation, sexual prejudice, and attitudes towards adoption by same-sex couples. Results confirmed that the relationship between aetiology beliefs and adoption support was fully mediated by sexual prejudice. These investigation results suggest that the belief that sexual orientation is controllable may serve to justify one’s prejudice and, in turn, result in a lower support for same-sex couples’ adoption.

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