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Philosophical Foundations of Children's and Family Law

Philosophical Foundations of Children's and Family Law
Author: Elizabeth Brake
Publisher: Oxford University Press
Total Pages: 350
Release: 2018-02-23
Genre: Law
ISBN: 0191089710

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This volume brings together new essays in law and philosophy on a broad range of topics in children's and family law. It is the first volume to bring together essays by legal scholars and philosophers for an integrated, critical analysis of key issues in this area, marking the 'coming of age' of a comparatively new field of family law. Debates in children's and family law are at once theoretical and empirical in nature. Not only does children's and family law have significant consequences for individuals' intimate lives, the field's impact on lived experience highlights the socially constructed nature of law. Approaching this area of law often involves exploring a legal concept familiar from daily life, such as the very notion of 'marriage' or 'family', and examining it within its social, economic, and historical context. The normative basis for law regulating intimate personal and family life extends beyond any narrow legal philosophy or social context to its broader foundations in theories of morality or justice. The chapters included bring together a representative and broad range of pieces that engage with long-standing and contemporary debates. A wide range of perspectives is represented on topics such as same-sex marriage, polygamy and polyamory, alimony, unmarried cohabitation, gestational surrogacy and assisted reproductive technologies, child support, parental rights and responsibilities, children's rights, family immigration, religious freedom, and the rights of paid caregivers. There is also philosophical discussion of concepts such as care, intimacy, and the nature of family and family law itself.


Philosophy, Law and the Family

Philosophy, Law and the Family
Author: Laurence D. Houlgate
Publisher: Springer
Total Pages: 283
Release: 2017-01-21
Genre: Law
ISBN: 3319511211

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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.


Family and State

Family and State
Author: Laurence D. Houlgate
Publisher: Rowman & Littlefield Publishers
Total Pages: 228
Release: 1988
Genre: Law
ISBN:

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The Philosophical Child

The Philosophical Child
Author: Jana Mohr Lone
Publisher: Rowman & Littlefield Publishers
Total Pages: 161
Release: 2012-09-16
Genre: Philosophy
ISBN: 1442217340

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What does it mean to be good? Why do people die? What is friendship? Children enter the world full of questions and wrestle with deep, thoughtful issues, even if they do not always wonder them aloud. Many parents have the desire to discuss philosophical ideas with their children, but are unsure how to do so. The Philosophical Child offers parents guidance on how to gently approach philosophical questions with children of all ages. Jana Mohr Lone argues that for children to mature emotionally, they must develop their desire and ability to think abstractly about themselves and their experiences. This book suggests easy ways that parents can engage with their children's philosophical questions and help them develop their "philosophical selves."


Author:
Publisher: Oxford University Press
Total Pages: 938
Release:
Genre:
ISBN: 0198908628

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The Oxford Handbook of Children and the Law

The Oxford Handbook of Children and the Law
Author:
Publisher: Oxford University Press
Total Pages: 752
Release: 2020-02-07
Genre: Law
ISBN: 0190694408

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The Oxford Handbook of Children and the Law presents cutting-edge scholarship on a broad range of topics covering the life course of humans from before birth to adulthood, by leading scholars in law, medicine, social work, sociology, education, and philosophy, and by practitioners in law and medicine. An international collection of authors presents and analyzes the law and science pertaining to reproduction; prenatal life (including fetal exposure to toxic substances and abortion); parentage (including biology-based rights, background checks on birth parents, adoption, the status of gamete donors, and surrogacy); infant development and vulnerability; child maltreatment (including corporal punishment and religious defences to abuse and neglect); child protection policy and systems; foster care; child custody disputes between parents or between parents and other caregivers; schooling (including financing, resegregation, religious expression in public schools, at-risk students, special education, regulation of private schools, and homeschooling); delinquency; minimum-age laws; and child advocacy. Most chapters follow a format wherein they first describe the most debated or dynamic issues in each topical area, then explain in depth the law and/or science pertaining to the author's particular focus, and finally offer arguments and recommendations as to law and policy in that area. The normative component aims to advance discussions and debates in vital areas of contemporary child welfare law and policy. The Handbook is an essential resource for scholars and professionals interested in the intersection of children and the law.


Oxford Studies in Political Philosophy Volume 9

Oxford Studies in Political Philosophy Volume 9
Author: DAVID. WALL SOBEL (STEVEN.)
Publisher: Oxford University Press
Total Pages: 302
Release: 2023-03-24
Genre:
ISBN: 0198877633

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This is the ninth volume of Oxford Studies in Political Philosophy. Since its revival in the 1970s political philosophy has been a vibrant field in philosophy, one that intersects with jurisprudence, normative economics, political theory in political science departments, and just war theory. OSPP aims to publish some of the best contemporary work in political philosophy and these closely related subfields.


The Political Philosophy of Internal Displacement

The Political Philosophy of Internal Displacement
Author: Jamie Draper
Publisher: Oxford University Press
Total Pages: 289
Release: 2024-03-05
Genre: Political Science
ISBN: 0192899864

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The situation of internally displaced persons has been a matter of international concern - and legal debate - since at least the late 1990s and early 2000s, and its salience has only increased in the context of extreme weather events produced by intensifying climate change. Research in political philosophy, however, has so far barely touched on this issue, despite its close connection to and relevance for lively and expansive debates on migration, refugees, territorial rights, state sovereignty, and climate change. This volume aims to set the philosophical agenda for articulating a political ethics of internal displacement, and to highlight the importance of the phenomenon for these wider theoretical issues. Across 12 chapters that explore different aspects of internal displacement, authors working at the forefront of these debates construct a compelling research agenda for the political philosophy of internal displacement.


Modern Family Law

Modern Family Law
Author: D. Kelly Weisberg
Publisher:
Total Pages: 0
Release: 2013
Genre: Domestic relations
ISBN: 9781454825111

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Modern Family Law reflects the social diversity of the modern family as it examines the legal impacts of the women's movement, the children's rights movement, the fathers' rights movement, domestic violence, changing sexual mores, nontraditional family forms, and developments in reproductive technology. Integrating valuable interdisciplinary perspectives, the text includes excerpts, notes, and questions emanating from history, psychology, sociology, social work, medicine, and philosophy. A variety of problem exercises, most derived from actual cases and current events, covers cross-cutting themes as well as the basics of family law. Human-interest stories that complement the cases heighten student awareness of the real impact of the law on people's lives. Modern Family Law Easily adapts to shorter or longer courses. The Fifth Edition offers contemporary perspectives on family law theory and covers new developments on such topics as alienation of affections, adoption, assisted reproduction, attorneys' sexual ethics, bigamy, child abuse, child custody and support, divorce, domestic violence, grandparents' visitation rights, names in the family, parentage, premarital agreements, and reproductive rights. The text features major coverage of developments on same-sex marriage, DOMA, and other issues of equality for gay and lesbian families. The decline of marriage and the rise of new conceptualizations of family are explored along with the return of the and"culture warsand" including political disputes about contraception. Features: reflects the social diversity of the modern family examines the legal impact of important topics the women's movement the children's rights movement the fathers' rights movement domestic violence changing sexual mores nontraditional family forms developments in reproductive technology integrates valuable interdisciplinary perspectives excerpts, notes, and questions history, psychology, sociology, social work, medicine, and philosophy covers cross-cutting themes as well as the basics of family law presents a variety of problem exercises, most from actual cases and current events easily adapts to shorter or longer courses heightens student awareness of the law's impact through human-interest stories Thoroughly updated, the revised Fifth Edition presents: new developments on: alienation of affections adoption assisted reproduction attorneys' sexual ethics bigamy child abuse child custody and support divorce domestic violence grandparents' visitation rights names in the family parentage premarital agreements reproductive rights major coverage of developments on same-sex marriage, DOMA, and other issues of equality for gay and lesbian families the decline of marriage and the rise of new conceptualizations of family contemporary perspectives on family law theory the return of the and"culture warsand" including political disputes about contraception


Children, Family and the State

Children, Family and the State
Author: David William Archard
Publisher: Routledge
Total Pages: 205
Release: 2018-02-06
Genre: Philosophy
ISBN: 1351760653

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This title was first published in 2003. This book critically examines the moral and political status of the child by a consideration of three interrelated questions: What rights if any does the child have? What rights over and duties in respect of a child do parents have? What rights over and duties in respect of a child does the state have? David Archard adopts three areas for particular discussion on the practical implications of the general theoretical issues: education, child protection policy, and the medical treatment of children. Providing a clear legal context and a sharper, contemporary discussion of the question of rights, this book presents a clear introduction to the key issues in the moral and political status of children.