Philosophy, Law and the Family: A New Introduction to the Philosophy of Law (AMINTAPHIL: The Philosophical Foundations of Law and Justice (7))

"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."--Back cover Annotation This textbook uses cases in family law to illustrateboth 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 Front Matter....Pages i-xiii Introduction....Pages 1-9 Front Matter....Pages 11-11 Natural Law Theory....Pages 13-34 Legal Positivism....Pages 35-57 Constitutional Interpretation....Pages 59-87 Front Matter....Pages 89-89 The Moral Limits of Family Law....Pages 91-114 Family Crime and Punishment....Pages 115-126 Child Abuse and Neglect....Pages 127-141 Family Torts and Remedies....Pages 143-168 Front Matter....Pages 169-169 Family Contracts: Marriage and Divorce....Pages 171-201 Children, Parents and the State....Pages 203-225 Front Matter....Pages 227-227 Surrogacy....Pages 229-248 Frozen Embryos....Pages 249-266 Front Matter....Pages 267-267 Critical Legal Studies and Feminist Jurisprudence....Pages 269-283