Family Law Reimagined
Penulis
: Jill Elaine Hasday
Subyek
: Domestic relations—United States, Parent and child (Law), Common law marriage—United States, Domestic relations, Canon law, Family Law
Penerbit
: Harvard University Press
Ringkasan :The law shapes all of our lives, even when we do not realize it is there.
It decides who has rights to what, who can make enforceable claims on
whom, who is entitled and who is not. Family life is sometimes presumed
to be a realm so private and intimate as to be beyond the law’s
power. Indeed, the United States Supreme Court itself has contributed
to that notion, repeatedly declaring that there is a “private realm of
family life which the state cannot enter.”1
But in fact, one of the law’s most important and far- reaching
roles is
to govern family life and family members. Family law regulates the creation
and dissolution of legally recognized family relationships and
establishes the legal rights and responsibilities that are tied to family
status. This means that family law decides who counts as kin in the eyes
of the law and who does not, how family relationships are legally formed
and severed, and what turns on legal recognition as a family member—
what it means legally to be a spouse, parent, child, sibling, or other relative
as one interacts with the government and with other people inside
and outside of one’s family.
Family law is extraordinarily consequential, whether measured in
terms of impact on people’s lives, volume of litigation, or monetary,
psychological, and cultural goods at stake. Family law shapes social
organization, economic status, intergenerational relationships, intimacy,
childhood, maturity, and everyday experience. It reflects and influences
how Americans think about gender, race, class, sexual orientation, and
other divides and helps determine how those categories will impact
people’s
opportunities, choices, rights, and constraints. Family law helps structure both the details of daily existence and the overarching features
of society.
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