Philosophy, law and the family : a new introduction to the philosophy of law / Laurence D. Houlgate.
Houlgate, Laurence D., author.
2017
KF505 .H682 2017
Available Online

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Title
Philosophy, law and the family : a new introduction to the philosophy of law / Laurence D. Houlgate.
Author
Houlgate, Laurence D., author.
ISBN
9783319511214 electronic book
3319511211 electronic book
9783319511207
3319511203
Published
Cham, Switzerland : Springer, [2017]
Language
English
Description
1 online resource.
Call Number
KF505 .H682 2017
Dewey Decimal Classification
346.73015
Summary
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.
Bibliography, etc. Note
Includes bibliographical references.
Access Note
Access limited to authorized users.
Source of Description
Description based on online resource; title from digital title page (viewed on March 20, 2017).
Series
AMINTAPHIL (Series) ; v.7.
Available in Other Form
Print version: 3319511203
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Introduction
Law, morals and the Constitution. Natural law theory ; Legal positivism ; Constitutional interpretation
State intervention in the family. The moral limits of family law ; Family crime and punishment ; Child abuse and neglect ; Family torts and remedies
Marriage, children and the state. Family contracts : marriage and divorce ; Children, parents and the state
Contract and property disputes arising from alternative birth methods. Surrogacy ; Frozen embryos
Alternative approaches to the philosophy of law. Critical legal studies and feminist jurisprudence.

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