This book argues that the legal understanding of ‘family’ in the UK continues to be underpinned by the idealised image of the ‘nuclear family’, premised upon the traditional, gendered roles of ‘father as breadwinner’ and ‘mother as homemaker’. This examination of the law’s model of the ‘family’ has been prompted by the substantial reforms that have taken place in family law in recent decades, and the significant evolution in social attitudes and familial practices that has occurred in parallel. Throughout the book, the influence of the nuclear family is noted in several different contexts: various specific legal definitions of ‘family’, the legal regulation of adult, conjugal relationships, the attribution of legal parenthood and the construction of the role of the ‘parent’ within the law. Ultimately, this book argues that while these reforms have resulted in additional categories of relationship coming to be situated within the nuclear family model, there has not, as yet, been any fundamental alteration of the underpinning concept of the nuclear family itself. This book concludes by considering the possibilities offered beyond the ‘nuclear family’; exploring the reconceptualising of the legal understanding of ‘family’ around alternative and potentially ‘radical’ models of ‘family’.
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I. Theoretical Context II. Outline PART I THE FAMILY 1. What is the Law’s ‘Family’? I. ‘Family’ as a Social Concept II. The Law’s ‘Definition(s)’ of ‘Family’ III. The Influence of the Nuclear Family Model within the Definitions of ‘Family’ 2. The Historical and Philosophical Underpinnings of the ‘Nuclear Family’ Model I. The ‘Family’ and the ‘Legal Subject’ II. Critiquing the Orthodox Construction of the Legal Subject III. The Nuclear Family as the Natural Model of ‘Family’ PART II THE CONJUGAL RELATIONSHIP 3. The Legal Regulation of Conjugal Relationships I. What is Marriage in UK Law? II. The Centrality of Conjugality PART III PARENTHOOD 4. The Attribution of Legal Parenthood within UK Law I. Natural Reproduction II. Assisted Reproduction III. Surrogacy 5. The Legal Understanding of the Parental Role I. What is the ‘Parent’ in the Law? II. The Gendered Parenting Roles of the Nuclear Family III. The Role of Lesbian ‘Mothers’ or ‘Parents’ PART IV THE FUTURE 6. The Possibilities Offered by Alternative ‘Models’ of the ‘Family’ I. Exploring the Conceptual Influences II. Abstract Models and Real Families Conclusion
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A timely contribution to the literature … of interest to academics, researchers and scholars involved in family law, not just within the UK but also well beyond its shores.
This book argues that no universal definition of the ‘family’ exists within UK law or academic literature, and that the legal understanding of the ‘family’ is instead influenced by the idealised image of the ‘nuclear family’ and traditional familial roles. The author discusses what alternative models could replace the nuclear family model and whether the legal regulation of families and family life should be centred around a conceptual model of ‘family’ at all.
Les mer
Now available in paperback

Produktdetaljer

ISBN
9781509945313
Publisert
2020-09-24
Utgiver
Vendor
Hart Publishing
Vekt
358 gr
Høyde
234 mm
Bredde
156 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
248

Forfatter

Om bidragsyterne

Alan Brown is Lecturer in Private Law at the University of Glasgow.