Hardback
Rethinking Law’s Families and Family Law
This multi-faceted book combines theoretical, empirical and practical approaches to explore how family law is responding to the ever-changing social dynamics of the family. Bringing together a broad range of experts with innovative perspectives from across the globe, Rethinking Law’s Families and Family Law highlights family law’s current challenges and presents key avenues for future research.
More Information
Critical Acclaim
Contents
More Information
This multi-faceted book combines theoretical, empirical and practical approaches to explore how family law is responding to the ever-changing social dynamics of the family. Bringing together a broad range of experts with innovative perspectives from across the globe, it highlights family law’s current challenges and presents key avenues for future research.
Editors Frederik Swennen, Elise Goossens and Tine Van Hof recognise the multiplicity of family constellations in the 21st century and the subsequent need for family law to recalibrate. Chapter authors explore a variety of subjects, such as nontraditional adult relationships, the role of surrogacy, the division of shared labour between parents, and parental responsibility with respect to children’s rights in the digital age. The book offers invaluable insights into the global academic endeavour to rethink law’s families and family law. Ultimately, the book acknowledges that family law is at a crossroads between the concept of the normative family and the actuality of ‘doing family’.
This book is a vital resource for academics and students in family law, gender law and private international law. Its incisive exploration of family dynamics is also of interest to legal practitioners, social policymakers and students of sociology, social policy, psychology and anthropology.
Editors Frederik Swennen, Elise Goossens and Tine Van Hof recognise the multiplicity of family constellations in the 21st century and the subsequent need for family law to recalibrate. Chapter authors explore a variety of subjects, such as nontraditional adult relationships, the role of surrogacy, the division of shared labour between parents, and parental responsibility with respect to children’s rights in the digital age. The book offers invaluable insights into the global academic endeavour to rethink law’s families and family law. Ultimately, the book acknowledges that family law is at a crossroads between the concept of the normative family and the actuality of ‘doing family’.
This book is a vital resource for academics and students in family law, gender law and private international law. Its incisive exploration of family dynamics is also of interest to legal practitioners, social policymakers and students of sociology, social policy, psychology and anthropology.
Critical Acclaim
‘This book brings together some of the most preeminent authors from across Europe to develop an insightful analysis of one of the most important family law issues of our time – how do we conceptualise the family? It makes an extremely valuable contribution to the academic literature, providing an impressive depth and breadth of research.’
– Claire Fenton-Glynn, Monash University, Australia
‘This superb book explores the search for new calibration points in the regulation of family life. Bringing together both established and emerging scholars, it should be essential reading for anyone interested in the evolving shape, language, and role of family law within a changing world.’
– Rebecca Probert, University of Exeter, UK
‘Packed with leading family law academics and cutting-edge research, this is a noteworthy and authoritative new book on the current challenges facing family law. It urges the reader to question and at times abandon traditional models of the family, and sets the tone for family law scholarship of the future.’
– Sharon Thompson, Cardiff University, UK
– Claire Fenton-Glynn, Monash University, Australia
‘This superb book explores the search for new calibration points in the regulation of family life. Bringing together both established and emerging scholars, it should be essential reading for anyone interested in the evolving shape, language, and role of family law within a changing world.’
– Rebecca Probert, University of Exeter, UK
‘Packed with leading family law academics and cutting-edge research, this is a noteworthy and authoritative new book on the current challenges facing family law. It urges the reader to question and at times abandon traditional models of the family, and sets the tone for family law scholarship of the future.’
– Sharon Thompson, Cardiff University, UK
Contents
Contents
1 A window on the paradigm shifts in contemporary family law 1
Frederik Swennen, Elise Goossens and Tine Van Hof
PART I IN SEARCH OF NEW CALIBRATION POINTS
2 The place of ‘family’ in family law 21
John Eekelaar
3 Reviewing the CEFL’s attempts to harmonize European
family law 33
Nigel Lowe
4 From kinship to ‘careship’: in search of a new concept in
family law 50
Veerle Vanderhulst
5 Identity values in conflict between adults and minors 68
Amalia Diurni
6 The tension between competing rights in a ‘repugnant
market’: reproductive self-determination, abortion and
social stigma in the Italian health care system 84
Alessandra Pera
7 Surrogacy, dignity and the resulting new families:
a comparative analysis 104
Giada Cascio and Nicoletta Patti
PART II RECALIBRATING FAMILY LAW ON ADULTS
8 Closing the gap between family life and family law in the
United States through legal recognition of nontraditional
adult relationships 121
Sally F. Goldfarb
9 Adult relations of love and beyond: what legal recognition
and protection do they need? 139
Nina Dethloff and Felix Leven
10 Law and friendship: principles, projections and paradoxes 156
Daniel Monk
11 Division of care for parents between children: a Belgian
case study 175
Renate Barbaix and Damiaan Leire
PART III RECALIBRATING FAMILY LAW ON
PARENTS AND CHILDREN
12 A genderless family law for gender-fluid families?
Parentage rules and the right to gender identity 193
Giulia Binato
13 How should family law recognize social parenthood? 212
Jakub Pawliczak
14 A children’s rights approach to family reunification in the
context of internal displacement in Africa 232
Charissa E. Fawole
15 Children’s informational privacy and ‘digital parenting’ in
the US and Italy: a cleavage in the Western legal tradition? 252
Biagio Andò and Cinzia Valente
16 Rethinking parental responsibility in light of children’s
fundamental rights in the digital age 270
Margot Musson
1 A window on the paradigm shifts in contemporary family law 1
Frederik Swennen, Elise Goossens and Tine Van Hof
PART I IN SEARCH OF NEW CALIBRATION POINTS
2 The place of ‘family’ in family law 21
John Eekelaar
3 Reviewing the CEFL’s attempts to harmonize European
family law 33
Nigel Lowe
4 From kinship to ‘careship’: in search of a new concept in
family law 50
Veerle Vanderhulst
5 Identity values in conflict between adults and minors 68
Amalia Diurni
6 The tension between competing rights in a ‘repugnant
market’: reproductive self-determination, abortion and
social stigma in the Italian health care system 84
Alessandra Pera
7 Surrogacy, dignity and the resulting new families:
a comparative analysis 104
Giada Cascio and Nicoletta Patti
PART II RECALIBRATING FAMILY LAW ON ADULTS
8 Closing the gap between family life and family law in the
United States through legal recognition of nontraditional
adult relationships 121
Sally F. Goldfarb
9 Adult relations of love and beyond: what legal recognition
and protection do they need? 139
Nina Dethloff and Felix Leven
10 Law and friendship: principles, projections and paradoxes 156
Daniel Monk
11 Division of care for parents between children: a Belgian
case study 175
Renate Barbaix and Damiaan Leire
PART III RECALIBRATING FAMILY LAW ON
PARENTS AND CHILDREN
12 A genderless family law for gender-fluid families?
Parentage rules and the right to gender identity 193
Giulia Binato
13 How should family law recognize social parenthood? 212
Jakub Pawliczak
14 A children’s rights approach to family reunification in the
context of internal displacement in Africa 232
Charissa E. Fawole
15 Children’s informational privacy and ‘digital parenting’ in
the US and Italy: a cleavage in the Western legal tradition? 252
Biagio Andò and Cinzia Valente
16 Rethinking parental responsibility in light of children’s
fundamental rights in the digital age 270
Margot Musson
