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Full-Text Articles in Law
The Crisis Of Child Custody: A History Of The Birth Of Family Law In England, Danaya Wright
The Crisis Of Child Custody: A History Of The Birth Of Family Law In England, Danaya Wright
Danaya C. Wright
This article attempts to show that the inter-spousal custody cases of the nineteenth century created such a crisis in equity that they eventually demanded a new court structure and a new set of legal doctrines. The custody cases posed such a profound threat to the stability and authority of the Chancery courts that within fifty years an entirely new court system was required. That court system combined the tripartite jurisdictions of the law, equity, and ecclesiastical courts in matrimonial matters. While many scholars and historians have applauded that moment, I would suggest that the new court was merely a way …
Revisiting Mary Ann Glendon: Abortion, Divorce, Dependency, And Rights Talk In Western Law, Margaret Brinig, Linda Mcclain
Revisiting Mary Ann Glendon: Abortion, Divorce, Dependency, And Rights Talk In Western Law, Margaret Brinig, Linda Mcclain
Margaret F Brinig
This essay revisits Mary Ann Glendon’s comparative law study, Abortion and Divorce in Western Law and her subsequent book, Rights Talk: The Impoverishment of Political Discourse. Glendon’s comparative study actually included a third topic: “forms of dependency which are connected with pregnancy, marriage, and child raising.” The topic of dependency has obvious relevance to consideration of intergenerational obligations and the interplay between family responsibility and societal responsibility for addressing dependency needs. A central claim Glendon made in both books is that the U.S. legal tradition is “libertarian,” views individuals as “lone rights bearers,” and exalts the “right to be …
The Law Of The Land: Will Gay Marriage Change Marriage, And If So, How?, Martha Ertman
The Law Of The Land: Will Gay Marriage Change Marriage, And If So, How?, Martha Ertman
Martha M. Ertman
This panel, moderated by Naomi Cahn, included presentations by Martha Ertman, Liza Mundy, and Jonathan Rauch.
Money Matters In Marriage: Unmasking Interdependence In Ongoing Spousal Economic Relations, Alicia B. Kelly
Money Matters In Marriage: Unmasking Interdependence In Ongoing Spousal Economic Relations, Alicia B. Kelly
Alicia B. Kelly
This Article presents a rare exploration of the interactions among money, marriage and law while the relationship is ongoing. Using insights on the relational landscape from the social sciences as a lens, I examine the law’s regulation of spousal economic relations and its account of and potential impact within a functioning marriage. Building on my previous work, my claim is that the law governing money in marriage should be grounded on a distinctive and clarified model of partnership marriage that understands the relationship to be of equal persons who join forces to share the burdens and benefits of a shared …
Reconstructing Marriage: An Intersexional Approach, Martha Ertman
Reconstructing Marriage: An Intersexional Approach, Martha Ertman
Martha M. Ertman
No abstract provided.
The Formless City Of Plato's Republic: How The Legal And Social Promotion Of Divorce And Same-Sex Marriage Contravenes The Principles And Undermines The Projects Of The Universal Declaration Of Human Rights, Scott Fitzgibbon
Scott T. FitzGibbon
In the Republic, Plato describes a stage in social decay called “formlessness,” where all sorts of differences are accepted and none is preferred. No one need hold office or obey. People are impatient with all the ties that ought to bind them. Plato's formess city displays three deplorable features. One is the denigration of law and custom. A second is ethical skepticism or nihilism. A third is the repudiation of duty. These features also characterize the divorce culture and the same-sex marriage movement. The Universal Declaration of Human Rights reflects a philosophy quite the reverse of Plato’s formless city. Its …