By Jonathan Herring
This e-book explores the significance of autonomy in kinfolk legislations. It argues that conventional understandings of autonomy are beside the point within the family members legislation context and as an alternative recommends using relational autonomy. The publication begins by way of explaining how autonomy has traditionally been understood, sooner than exploring the issues with its use in family members legislation. It then units out the version of relational autonomy which, will probably be argued, is extra applicable during this context. ultimately, a few examples of functional software are awarded. the problems raised and theoretical dialogue is appropriate to any jurisdiction.
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Bioethics 13:358–379 Verkerk M (2001) The care perspective and autonomy. Med Health Care Philos 4:289–294 Voena A (2013) Yours, mine and ours: do divorce laws affect the intertemporal behavior of married couples. com/abstract=2007575 Williams F (2002) The presence of feminism in the future of welfare. Econ Soc 31:502–519 Williams J (2010) Reshaping the work-family debate: why men and class matter. Harvard University Press, Cambridge MA Cases Bull v Hall [2013] UKSC 36 National Coalition for Gay and Lesbian Equality v Minister of Justice, 1999 (1) SA 6 Chapter 4 Applying Relational Autonomy to Family Law So far we have seen that relationships are key to individual’s identity and to the good of society.
While contracts might work well when dealing with mechanical production, intimate lives are messy and unpredictable. The sacrifices called for can be unforeseen and obligations without limit. The marriage might bring children, it might not; care of a demented parent may become a major task, it may not; a disabled child may take up all the energies of one spouse, they may not. The best laid plans for the marriage may need to be discarded at a moment’s notice. To seek to tie these down at the start of the relationship in some form of ‘once and for all’ summation of their claims against each other ignores the realities of intimate relationships.
In: Wallbank J, Herring J (2013) Vulnerabilities, care and family law. Routledge, Abingdon, pp. 43–59 Minow M, Lyndon Shanley M (1996) Relational rights: revisioning the family in liberal political theory and law. Hypatia 11:4 Nedelsky J (1993) Property in potential life? A relational approach to choosing legal categories. Can J Law Jurisprud 6:343 West R (1998) Universalism, liberal theory, and the problem of gay marriage. Fla State Univ Law Rev 25:705–730 Wilson R (2011) The perils of privatized marriage.