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Full-Text Articles in Jurisprudence
Bargaining Or Biology? The History And Future Of Paternity Law And Parental Status, Katharine K. Baker
Bargaining Or Biology? The History And Future Of Paternity Law And Parental Status, Katharine K. Baker
Katharine K. Baker
In practice, paternity rulings are remarkably unimportant. With the exception of state welfare authorities pursuing mostly impoverished biological fathers, few paternity actions are brought, few mothers want to bring them and (even with state-sponsored pursuit) very few dollars get transferred to children as a result of them. In theory, however, paternity judgments are very and perniciously important because they keep alive the biological fatherhood ideal, an ideal that has never been reflected in law or fact and that is inconsistent with the emerging law of parental rights and responsibilities. This article challenges the biological fatherhood ideal and suggests that contract, …
Traditional Marriage: Still Worth Defending, George W. Dent
Traditional Marriage: Still Worth Defending, George W. Dent
Faculty Publications
A few years ago, I wrote an article entitled The Defense of Traditional Marriage.1 I began with the topic of same-sex marriage but soon saw that all the arguments for gay marriage were also arguments for polygamy, endogamy (or incestuous marriage), etc., so the article became a defense of traditional marriage against all these other types. The pertinent law and jurisprudence are constantly changing, so this conference offers an excellent opportunity to reconsider my views in light of new learning and thinking. A review shows the case for traditional marriage is even stronger now than it was before. As evidence …
Marriage And The Ethics Of Office, Scott T. Fitzgibbon
Marriage And The Ethics Of Office, Scott T. Fitzgibbon
Scott T. FitzGibbon
This Article alms to retrieve the neglected concept of the "office," as in "the judicial office" or "corporate officer" or the"office of deacon or lector." It aims to present a thorough account of what that term means. It inquires into the ethics of office, advancing the thesis that to hold and exercise office is a good thing, not only in the obvious instrumental ways-it serves a function and it gets results-but also as a part of the "final," non instrumental good of the officeholder and even, in some arrangements, of the recipient of the officeholder's services. Office is an aspect …