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Philosophy, Law and the Family

A New Introduction to the Philosophy of Law

  • Textbook
  • © 2017

Overview

  • Unique introduction to the philosophy of law using cases primarily drawn from family law
  • Organizes and discusses traditional philosophical problems in the law, as these problems arise in family case law
  • Includes contemporary legal debates about children's rights, access to marriage, surrogate motherhood, and disposal of frozen embryos

Part of the book series: AMINTAPHIL: The Philosophical Foundations of Law and Justice (AMIN, volume 7)

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Table of contents (13 chapters)

  1. Law, Morals and the Constitution

  2. State Intervention in the Family

  3. Marriage, Children and the State

  4. Contract and Property Disputes Arising from Alternative Birth Methods

  5. Alternative Approaches to the Philosophy of Law

Keywords

About this book

This textbook uses cases in family law to illustrate both traditional philosophical problems in the law as well as problems that are unique to family law. In the beginning chapters family law cases are employed to introduce the reader to philosophical debates about the relationship between law and morals, about how one ought to interpret the U.S. Constitution and its amendments, about the conditions under which individual liberty is justifiably limited by law, about the justification of punishment, and about the justification of remedies and standards of care in determining negligence in tort cases. Later chapters are devoted to contemporary issues unique to family law, including justifiable limits of access to marriage, alternatives to marriage, the rights of children, child custody disputes involving surrogate births, quasi-property disputes involving custody of frozen embryos, and the justifiable limits of the right not to procreate. The book reflects current movements, contemporarydebates, and recent research on the philosophical problems in family law.

Authors and Affiliations

  • Department of Philosophy, California Polytechnic State University, San Luis Obispo, USA

    Laurence D. Houlgate

About the author

Laurence Houlgate is Emeritus Professor of Philosophy at California Polytechnic State University in San Luis Obispo, California.  He received M.A. and Ph.D. degrees in philosophy at the University of California, Los Angeles, and has previously held professorships at the University of California, Santa Barbara and George Mason University, Virginia.  He has published many articles in legal and philosophical journals and is the author of The Child and the State, Family and State, and Morals, Marriage and Parenthood.

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