Jump to ContentJump to Main Navigation
Philosophical Foundations of Children's and Family Law$
Users without a subscription are not able to see the full content.

Elizabeth Brake and Lucinda Ferguson

Print publication date: 2018

Print ISBN-13: 9780198786429

Published to Oxford Scholarship Online: April 2018

DOI: 10.1093/oso/9780198786429.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 21 September 2019

Family Law and Legal Theory

Family Law and Legal Theory

Chapter:
(p.41) 1 Family Law and Legal Theory
Source:
Philosophical Foundations of Children's and Family Law
Author(s):

John Eekelaar

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198786429.003.0002

This chapter will be about family law and legal theory. Understandably, Brian Bix baulked at the idea that a single theory of family law could be constructed, at least for the US. Given the scope of its subject matter, I also think a quest for one overarching theory for family law will prove elusive. But I will argue that there is a pervasive feature about family law which is central to understanding both how family law operates and how it should operate. It will be argued that understanding the way legal and social norms interact should be central to theorizing about family law. In fact, there may need to be a number of theories explaining, or justifying, the specific interactions in the various circumstances in which they occur. It will be seen that these invariably revolve around the issue of power: who has it and how it can be controlled.

Keywords:   family law, power, social norms, legal norms, parents, children

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .