
For many years family law was viewed as a study of the regulation of clearly defined relationships of husband and wife and parent and child. 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. However, 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.In Family Law in America, Professor Sanford N. Katz examines the present state of family law in America. Themes include the tension between individual autonomy and governmental regulation in all aspects of family law, 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, and the legal recognition of same-sex marriage in some jurisdictions. 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 also 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 new assisted reproductive technologies are having an impact on family formation, particularly adoption, to t
This book investigates the evolving legal definitions of family structures in America and the resulting tension between individual autonomy and state regulation. Professor Sanford N. Katz, a recognized authority in domestic relations, utilizes a comprehensive legal framework to analyze how traditional models of marriage, divorce, and parent-child relationships are being reshaped by contemporary social realities. The text examines the shift from rigid, biology-based definitions toward more flexible, inclusive models that address modern living arrangements and technological advancements in reproduction.
What You Will Find
Experts recognize this volume as a foundational text for understanding the transition of American family law at the turn of the twenty-first century. Readers frequently note the clarity with which the author navigates complex legislative and judicial shifts in domestic relations.
Page Count:
344
Publication Date:
2014-10-10
Publisher:
Oxford University Press
ISBN-10:
0199759227
ISBN-13:
9780199759224
No comments yet. Be the first to share your thoughts!