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Rethinking Law’s Families and Family Law

Edited by: Frederik Swennen, Elise Goossens, Tine Van Hof

ISBN13: 9781035338405
Published: November 2024
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £115.00



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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.

Subjects:
Family Law
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

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