TAILIEUCHUNG - RECONCEIVING THE FAMILY Phần 5

Luật gia đình một lần quy định quan hệ tình dục và gia đình bằng cách cung cấp sáng-line định nghĩa về tình trạng hôn nhân chủ yếu trong số đó phục vụ để khắc sâu và củng cố các chỉ tiêu hiện hành trong ngày. | PART FIVE. SPOUSAL SUPPORT 11 Back to the Future The Perils and Promise of a Backward-Looking Jurisprudence June Carbone Family law once regulated sex and family by providing bright-line definitions of status marriage principally among them that served to inculcate and reinforce the prevailing norms of the day. In contrast the Principles would replace the nineteenth century insistence onthe marital monogamous family as the foundation of civilization with a rush not to judge. The Principles strive to treat all families and intimate relationships on equal terms and insist on few if any preconditions for the recognition of family relationships. Rather than police rigid status boundaries - and the draconian consequences that follow from them - they suspend judgment moral and practical long enough to create a private space for the creation of relationships free from the historical weight of family regulation. When families break down however the Principles do not hesitate to intervene to secure protection of the vulnerable and to provide a foundation for family members to continue on the basis of what has come before. To do so the Principles necessarily rest on existential uncertainty with respect to the legal obligations they would enforce. After all what is the status of a premarital agreement valid when entered whose enforceability can only be determined at the time of implementation Or of an intimate relationship whose partners have exchanged no formal promises and forged no understandings but who may be substantially obligated to each other when the relationship ends Or of an adult-child relationship in which the adult has no biological or legal ties to the child until enough time has passed that the assumption of the responsibilities of parenthood gives rise to legal recognition The Principles are most distinctive as a system of family regulation in their insistence that with each of these and other decisions the legal consequences cannot be fixed until the point

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