Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Family Law

Selected Works

2011

Jurisprudence of Marriage

Articles 1 - 3 of 3

Full-Text Articles in Law

Procreative Justice And The Recognition Of Marriage, Scott T. Fitzgibbon Sep 2011

Procreative Justice And The Recognition Of Marriage, Scott T. Fitzgibbon

Scott T. FitzGibbon

This paper proposes that fully procreatively just affiliations -– the ones which satisfy the criteria developed here -- deserve special support and recognition. It proposes that procreative justice requires such recognition. This paper proposes that it is unjust to conflate and revise the usual categories so as to confuse procreatively just affiliations with other forms. It discusses the harm that ensues.


Educational Justice And The Recognition Of Marriage, Scott Fitzgibbon Dec 2010

Educational Justice And The Recognition Of Marriage, Scott Fitzgibbon

Scott T. FitzGibbon

No abstract provided.


Parent, Child, Husband, Wife: When Recognition Fails, Tragedy Ensues, Scott Fitzgibbon Dec 2010

Parent, Child, Husband, Wife: When Recognition Fails, Tragedy Ensues, Scott Fitzgibbon

Scott T. FitzGibbon

This article briefly notes some developments in the law and society of our present age regarding the understanding — the recognition — of marriage, fatherhood, motherhood, and the family. The article warns against a certain casualness, a confusion, perhaps even a certain promiscuity of thought, that has occasionally emerged in the law. Drawing on Sophocles' drama Oedipus the King and on the scriptural narrative of David and Bathsheba, the article investigates what might be called the "moral location" of the activity of recognition. It proposes that recognition of basic family forms is a process with a deep dimension. It apprehends …