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A steady drumbeat of bad news about the state of our nation has convinced Americans that our country has gone off the rails. But where, exactly, did we go wrong? Maxine Eichner argues that the problem is that market pressures are overwhelming American families today. Eichner links "free-market family policy," a system in which families must fend for themselves without help from the government, to unstable relationships, reduced lifespans, kids' declining academicachievement, and low levels of happiness, compared with other wealthy countries. What's called for, she argues, is market regulation and an economy structured around supporting families.
Broad agreement exists among politicians and policymakers that the family is a critical institution of American life. Yet the role that the state should play with respect to family ties among citizens remains deeply contested. This controversy over the state's role undergirds a broad range of public policy debates: Does the state have a responsibility to help resolve conflicts between work and family? Should same-sex marriage be permitted? Should parents who receive welfare benefits be required to work? Yet while these individual policy issues are endlessly debated, the underlying theoretical question of the stance that the state should take with families remains largely unexplored.In The Su...
A steady drumbeat of bad news about the state of our nation has convinced Americans that our country has gone off the rails. But where, exactly, did we go wrong? Maxine Eichner argues that the problem is that market pressures are overwhelming American families today. Eichner links "free-market family policy," a system in which families must fend for themselves without help from the government, to unstable relationships, reduced lifespans, kids' declining academicachievement, and low levels of happiness, compared with other wealthy countries. What's called for, she argues, is market regulation and an economy structured around supporting families.
A comprehensive social history of families and family law in twentieth-century America Inside the Castle is a comprehensive social history of twentieth-century family law in the United States. Joanna Grossman and Lawrence Friedman show how vast, oceanic changes in society have reshaped and reconstituted the American family. Women and children have gained rights and powers, and novel forms of family life have emerged. The family has more or less dissolved into a collection of independent individuals with their own wants, desires, and goals. Modern family law, as always, reflects the brute social and cultural facts of family life. The story of family law in the twentieth century is complex. Th...
'Caring and the Law' considers the law's response to caring. It explores how care is valued and recognised, how it is regulated and restricted and how the values of caring are reflected in the law. It does this by examining the law's interaction with caring in a wide range of fields including family, medical, welfare, criminal and tort law. At the heart of the book is the claim that the law has failed to recognise the importance of caring in many areas and in doing so has led to the costs and burdens of care falling on those who provide it, primarily women. It has also meant that the law has failed to protect those who receive care from the abuse that can take place in a caring context. The book promotes an ethic of care as providing an ethical and conceptual framework for the law to respond to caring relationships.
Justice, Care, and the Welfare State explores contemporary welfare state reform from a moral and philosophical perspective. It offers detailed arguments about the nature of justice in the areas of family policy, education, health care, old age pensions and long-term care, disability, and employment and poverty support. Challenging the ideal nature of much contemporary political philosophy, Engster applies political philosophy to public policy issues inorder to generate concrete policy recommendations for better supporting social justice.
This collection of essays by liberal and feminist philosophers addresses the question of whether marriage reform ought to stop with same-sex marriage. Some philosophers have recently argued that marriage is illiberal and should be abolished or radically reformed to include groups and non-romantic friendships. In response, Simon May argues that marriage law can be justified without an illiberal appeal to an ideal relationship type, and Ralph Wedgwood argues that the liberal values which justify same-sex marriage do not justify further extension. Other authors argue for new legal forms for intimate relationships. Marriage abolitionist Clare Chambers argues that piecemeal directives rather than...
Children's rights law is a relatively young but rapidly developing discipline. The U.N. Convention on the Rights of the Child, the field's core legal instrument, is the most widely ratified human rights treaty in history. Yet, like children themselves, children's rights are often relegated to the margins in mainstream legal, political, and other discourses, despite their application to approximately one-third of the world's population and every human being's first stages of life. Now thirty years old, the Convention on the Rights of the Child (CRC) signalled a definitive shift in the way that children are viewed and understood--from passive objects subsumed within the family to full human be...
Family Life, Family Law, and Family Justice: Tying the Knot combines history, social science, and legal analysis to chart the evolution and interdependence of family life and family law, portray current trends in family life, explain the pressing policy challenges these trends have produced, and analyze the changes in family law that are essential to meeting these challenges. The challenges are large and pressing. Across the industrialized West, nonmarital birth, relational stress, multi-partner fertility, and relationship dissolution have increased, producing a dramatic rise in single parenthood, poverty, and childhood risk. This concentration of familial and economic risk accelerates socio...
This book is a defense of political liberalism as a feminist liberalism. The first half of the book develops and defends a novel interpretation of political liberalism. It is argued that political liberals should accept a restrictive account of public reason and that political liberals' account of public justification is superior to the leading alternative, the convergence account of public justification. The view is defended from the charge that such a restrictive account of public reason will unduly threaten or undermine the integrity of some religiously oriented citizens and an account of when political liberals can recognize exemptions, including religious exemptions, from generally appl...