Divorcing Responsibly by Helen Reece

By Helen Reece

This e-book presents an research of the expanding effect at the legislations generally and divorce legislation particularly of post-liberalism, which replaces selection with self-discovery. the writer indicates that post-liberal premises shaped the root for each element of the new divorce reform proposals. hence, she attributes their failure to the contradictions inherent inside of post-liberalism. however, she concludes that post-liberalism keeps a sophisticated but pervasive impression at the legislation. particularly, which means we're held liable no longer for what we do yet for the way we method our judgements. for that reason, for the 1st time ever, it has turn into attainable to divorce responsibly.

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175 With such tentative defences of liberalism abounding, it becomes even less surprising that the Family Law Act at the very least contained a post-liberal dimension. The ground has been laid to begin to examine this dimension more closely. In the next chapter I will examine the post-liberal approach to autonomy and the consequences of adopting this approach for divorce law. 174 N Rosenblum, ‘Introduction’ in Rosenblum, above n 7. See also C Taylor, ‘CrossPurposes: The Liberal-Communitarian Debate’ in Rosenblum, above n 7.

70 Indeed, it has been suggested that they despise autonomy precisely because its ascendance was a crucial historical factor in the decline of community life as 64 Gardbaum, above n 46, 702; Rosenblum, ‘Pluralism and Self-Defense’ in Rosenblum, above n 7, 218; Kymlicka, above n 15, 188. 65 Kymlicka, above n 15, 188. 66 Gardbaum, above n 46, 703. 67 Ibid, 703. 68 S Holmes, ‘The Permanent Structure of Antiliberal Thought’ in Rosenblum, above n 7, 234. Conversely, Gardbaum makes the point that choosing to follow tradition or social norms does not violate the principles of liberalism: above n 9, 394.

In Hutchinson and Green, above n 3, 55. 83 U Beck and E Beck-Gernsheim, The Normal Chaos of Love (Cambridge, Polity Press, 1995) 41. 84 D Greschner, ‘Feminist Concerns with the New Communitarians: We Don’t Need Another Hero’ in Hutchinson and Green, above n 3, 140. 85 See Neal and Paris, above n 9, 436. 86 Ronald Beiner, What’s the Matter with Liberalism? (Berkeley, University of California Press, 1992) 43. 87 Ibid, 43. 88 While less prevalent, this approach is also apparent in attitudes to divorce, particularly in the argument that the children of divorcees are ‘programmed’ to enter marriages which will fail.

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