Law Commons^™

The Principle Of Subsidiarity And The Law Of The Family Business, Scott T. Fitzgibbon

Scott T. FitzGibbon

There is a considerable incongruity between the ends and aims of the business association, on the one hand, and the ends and aims of the family -- and thus of most family businesses -- on the other. This Essay proposes a principle for the guidance of the law in such matters. This is the principle of subsidiarity, which instructs government and the law to recognize the smaller organizations of society and to foster their functioning along lines appropriate to their purposes and along the lines intended by their principals. This Essay develops an especially rich account of the principle of …

The Law’S Obligation To Recognize And Support The Family Business: Foundations In Principles Of The Subsidiarity, Freedom Of Affiliation, And Promotion Of The Best Interests Of The Child, Scott Fitzgibbon

Scott T. FitzGibbon

The Law's Duty To Promote The Kinship System: Implications For Assisted Reproductive Techniques And For Proposed Redefinitions Of Familial Relations, Scott T. Fitzgibbon

Scott T. FitzGibbon

Kinship relations, in our society and in most, are organized systematically. That is to say, each kinship connection is constructed, conducted, and considered, not in isolation but by reference to the others. Your uncle is your father’s brother, in just about the same way as your own sibling is your brother and your children are one another’s brothers and sisters. Your spouse is the mother or father of your children, in just about the same way as your mother and father are your parents and the parents of your siblings. One’s beliefs and expectations about what each kinship relationship entails …

The Family Is, And Will Remain, A Unit Of Kinship System, Scott Fitzgibbon

Scott T. FitzGibbon

No abstract provided.

Kinship Systems: What They Are; Why They Are Superior To Non-Systemic Arrangements; What Type Is Optimal, Scott Fitzgibbon

Scott T. FitzGibbon

No abstract provided.

Artificial Reproductive Techniques And The Protection Of The Kinship System, Scott Fitzgibbon

Scott T. FitzGibbon

No abstract provided.

Co-Organizer: Symposium On The Jurisprudence Of Family Relations: Privacy, Autonomy, And Should States Regulate Family Relations?, Scott Fitzgibbon

Scott T. FitzGibbon

Professor FitzGibbon served as a co-organizer for the Symposium on the Jurisprudence of Family Relations: Privacy, Autonomy, and Should States Regulate Family Relations? at the Cardozo Law School of Yeshiva University.

Harmonious Discourse And The Good Of Family Law, Scott Fitzgibbon

Scott T. FitzGibbon

On June 6, 2013, Professor FitzGibbon presented at the North American Regional Conference for the International Society of Family Law.

Member, International Chair On Natural Law And Human Personhood, Scott Fitzgibbon

Scott T. FitzGibbon

No abstract provided.

Deeper Meaning Of Equal Protection, Scott Fitzgibbon

Scott T. FitzGibbon

No abstract provided.

The Biological Basis For The Recognition Of The Family, Scott Fitzgibbon

Scott T. FitzGibbon

The family is matter of heart and blood. It is created, in part, by physical and emotional intimacy. It projects itself through history through its biological dimension. Any reasonable definition of the family must recognize this fundamental characteristic. “Biological dimension” here refers, not only to genetic affinities, important as those may be, but to all physical connections and to all matters closely related to the physical. Thus, it includes all the activities and dispositions which, generation after generation, bring a family together in the great procreative project: the begetting and rearing of children. The biological dimension includes making love and …

The Biological Basis For The Recognition Of The Family, Scott Fitzgibbon

Scott T. FitzGibbon

No abstract provided.

Co-Organizer: International Conference On Extended And Extending Families, Scott Fitzgibbon

Scott T. FitzGibbon

No abstract provided.

Fiduciary Relationships Are Not Contracts, Scott Fitzgibbon

Scott T. FitzGibbon

No abstract provided.

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.

"Just Like Little Dogs": The Law Should Speak With Veracity And Respect, Scott T. Fitzgibbon

Scott T. FitzGibbon

This article proposes veracity and respect as basic guides for law. It thus supplements dominant lines of thought which emphasize instrumentalist criteria such as promoting efficiency, maximizing utility, and deterring and remedying harm. This article proposes that it is a great good for a judge, a legislator, and all who speak as the law to exercise the virtue of veracity and to speak with respect, and that it is especially bad in the case of such legal officers to depart from those practices. It points out some implications for family law.

Co-Organizer: International Conference On The Jurisprudence Of Parenting And The Influence On Culture, Scott Fitzgibbon

Scott T. FitzGibbon

No abstract provided.

Parenting And The Culture Of Friendship, Scott Fitzgibbon

Scott T. FitzGibbon

No abstract provided.

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

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 …

Family Finances: A Review Of Papers From The 13th World Of The International Society Of Family Law, Scott Fitzgibbon

Scott T. FitzGibbon

No abstract provided.

The Jurisprudence Of Marriage And Other Intimate Relationships, Scott Fitzgibbon

Scott T. FitzGibbon

Contains essays about the basic meaning and principles underlying legal regulation of marriage and other relation- ships, written by a dozen prominent legal scholars from five nations, including authorities on jurisprudence and family law and scholars of other relevant disciplines. Topics include the principles used to determine eligibility for particular legal and social recognition; the current status of such relationships in society and law; how such relationships may affect one another; the foundations for public recognition of relationships; and critical analysis of various legal theories that would level such relation- ships. All chapters consider various relationship forms in the light …

"That Man Is You!" The Juristic Person And Faithful Love, Scott T. Fitzgibbon

Scott T. FitzGibbon

No abstract provided.

Glazer And Fitzgibbon On Legal Opinions: Drafting, Interpreting And Supporting Closing Opinions In Business Transactions, Scott Fitzgibbon, Donald Glazer, Steven Weise

Scott T. FitzGibbon

No abstract provided.

The Principles Of Justice In Procreative Affiliations, Scott Fitzgibbon

Scott T. FitzGibbon

What's the Harm? is an interdisciplinary collection of perspectives on the question of harm--whether legalizing same-sex marriage will cause harm to society, and whether the denial of same-sex marriage causes harm to society. This clarifying and illuminating book explores the societal, familial, individual, and jurisprudential harms of the legalization or prohibition of same-sex marriage. The contributors wrestle with the "what's the harm" question from a variety of academic and professional perspectives, emphasizing the significance and impact of legalizing same-sex marriage for law, government, family relations, and child welfare. What's the Harm? is a valuable resource of diverse insights, arguments, and …

The Seduction Of Lydia Bennet And The Jurisprudence Of The Juristic Society, Scott Fitzgibbon

Scott T. FitzGibbon

The theme of the 12th World Conference of the ISFL is The Family Law – Balancing Interests, Pursuing Priorities. The papers presented there reflected (to a varying degree) that theme, and will analyze the family laws, doctrines, rules, decisions and reform proposals of many nations from these balance-and-priorities perspectives. Papers concerning civil and common law, spousal as well as parent-child issues, traditional as well as non-traditional relations, existing laws as well as proposed reforms, economic as well as non-economic issues, and essential as well as adjective laws will be included. The book contains selected papers chosen for the interest and …

A City Without Duty, Fault, Or Shame, Scott Fitzgibbon

Scott T. FitzGibbon

This book provides a critical examination of and reflection on the American Law Institute's (ALI) Principles of the Law of Family Dissolution: Analysis and Recommendations ('Principles', arguably the most sweeping proposal for family law reform attempted in the U.S. over the last quarter century. The volume is a collaborative work of individuals from diverse perspectives and disciplines who explore the fundamental questions about the nature of family, parenthood, and child support. The contributors are all recognized authorities on aspects of family law and provide commentary on the principles examined by the ALI - fault, custody, child support, property division, spousal …

The Seduction Of Lydia Bennet: Toward A General Theory Of Society, Marriage, And The Family, Scott T. Fitzgibbon

Scott T. FitzGibbon

This article sketches the foundation for a general theory of society. Rejecting portrayals that make society a field of exploitation and dominance, it proposes instead an account that locates the foundation of society in its service of certain basic goods. Society is a kind of friendship. It is to be defined based on the goods of friendship and the projects that serve those goods. Its elements, including those of obligation, office, shame, and rehabilitation, further those goods. The society that emerges from this account is a "society of life." This article also proposes the concept of "components of society," reflecting …

The Jurisprudence Of The Juristic Society: The Law Must Protect And Promote A Social Order Of Obligation, Honor, And Office, Scott Fitzgibbon

Scott T. FitzGibbon

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 …