Reconceiving the Family: Critique on the American Law by Robin Fretwell Wilson

By Robin Fretwell Wilson

This publication presents a serious exam of and mirrored image at the American legislations Institute's (ALI) ideas of the legislations of relations Dissolution: research and suggestions ('Principles', arguably the main sweeping inspiration for family members legislations reform tried within the U.S. over the past zone century. the amount is a collaborative paintings of people from assorted views and disciplines who discover the elemental questions on the character of kinfolk, parenthood, and baby aid. The members are all famous experts on facets of relations legislation and supply observation at the ideas tested via the ALI - fault, custody, baby aid, estate department, spousal help, and household partnerships, using quite a lot of analytical instruments, together with financial concept, constitutional legislations, social technology info, and linguistic research. This quantity additionally comprises the views of U.S. judges and legislators and major kin legislations students within the uk, Europe, Canada and Australia.

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5) Fifteen states are described as full-fault states, in which courts have discretion to consider marital misconduct in both property and alimony contests. 10 The community-property idea of joint ownership underlying marital property principles seems to influence property division and may underpin the rejection of marital misconduct, but alimony claims are based on equity rather than ownership, which may explain why consideration of misconduct continues to be common with alimony. ” However, the drafters assert that punishing misconduct is more appropriate for criminal law than dissolution law, and criticize that “many fault states [that] apply rules that cannot be explained as anything but punitive .

And thus it] endangers divorcing women and reinforces male dominance. Mediation proponents seductively appeal to women’s socialized values by speaking softly of relatedness. ”); see also Roselle L. Wissler, The Effects of Mandatory Mediation: Empirical Research on the Experience of Small Claims and Common Pleas Courts, 33 Willamette L. Rev. 565, 601 (1997); Margaret F. , 2 Wm. & Mary J. Women & L. 1, 33 (1995); Alison E. Gerencser, Family Mediation: Screening For Domestic Abuse, 23 Fla. St.

741, 774–75 [hereinafter Wardle, Divorce Violence] (“The nexus between violence and no-fault divorce litigation merits further examination. ”); Allen M. Parkman, Reform of the Divorce Provisions of the Marriage Contract, 8 BYU J. Pub. L. 91, 106 (1993) (“The introduction of no-fault divorce has resulted in a deterioration in the financial condition of many divorced women and their children and a reduction in the quality of family life . . ”); see also Catherine Mazzeo, Note, Rodriguez v. Rodriguez: Fault as a Determinative Factor in Alimony Awards in Nevada and Other Community Property Jurisdictions, 2 Nev.

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