Family, Law, and Community
Supporting the Covenant
In the wake of vast social and economic changes, the nuclear family has lost its dominance, both as an ideal and in practice. Some welcome this shift, while others see civilization itself in peril—but few move beyond ideology to develop a nuanced understanding of how families function in society. In this provocative book, Margaret F. Brinig draws on research from a variety of disciplines to offer a distinctive study of family dynamics and social policy.
Concentrating on legal reform, Brinig examines a range of subjects, including cohabitation, custody, grandparent visitation, and domestic violence. She concludes that conventional legal reforms and the social programs they engender ignore social capital: the trust and support given to families by a community. Traditional families generate much more social capital than nontraditional ones, Brinig concludes, which leads to clear rewards for the children. Firmly grounded in empirical research, Family, Law, and Community argues that family policy can only be effective if it is guided by an understanding of the importance of social capital and the advantages held by families that accrue it.
“This is an important, innovative book that addresses some of the hottest topics in family law. Brinig brings impressive skills and a sophisticated command of the law to the task of assessing and reforming family policy. Her fresh insights are bound to provoke debate.”--Barbara Woodhouse, Emory University
“There is no one better than Brinig at combining social science, policy analysis, values, and common sense to bring clarity to the toughest questions in family law. Even where one might be tempted to disagree with Brinig’s ultimate conclusions, one always leaves her work seeing the debates in a way completely different from the way one saw them before. And there is no greater compliment I can think of for a scholar.”—Brian Bix, University of Minnesota
Acknowledgments
Introduction
I. Norms, Families, and Community
Chapter 1. The Relationship between Trust and Community Recognition
Chapter 2. Norms within Families, or the Family Community
II. The Boundaries of Family Communities
Chapter 3. The Limits of Community and the Role of Autonomy
Chapter 4. Reaching the Limit: Granting Insiders and Outsiders Rights
III. Families, Mimetics, and Community
Chapter 5. The Family as “Little Commonwealth”: The Role of Mimetics
Chapter 6. What Happens When Trust Fails? Mimetics in Families Gone Wrong
Conclusion
Notes
IndexLaw and Legal Studies: Law and Society
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