Abstract
So far we have seen that relationships are key to individual’s identity and to the good of society. However, relationships, especially involving care, can cause serious loss and leave a party vulnerable. We need therefore to respond to people’s autonomy rights in a relational way. What is the significance of this for family law?
This is a preview of subscription content, log in via an institution to check access.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
References
Bartlett K (1998) Saving the family from the reformers. U C Davis L Rev 31:809–854
Brinig M, Nock S (2000) Covenant and contract. Regent U Law Rev 12:9–26
Chambers C (2013) The marriage-free state. Proc Aristot Soc 113:123–143
Choudhry S, Herring J (2010) European human rights and family law. Hart Publishing, Oxford
Diduck A (2011) What is Family Law for? Curr Legal Probl 64:287–314
Eekelaar J (2011) Not of the highest importance: family justice under threat. J Soc Welf Family Law 33:311–317
Eekelaar J (2013a) Then and now—family law’s direction of travel. J Soc Welf Family Law 35:415–426
Eekelaar J (2013b) Self-restraint: social norms, individualism and the family. Theor Inq Law 13:75–96
Eekelaar J, Maclean M (2005) The significance of marriage: contrasts between white British and ethnic minority groups in England. Law Policy 27:379–399
Eichner M (2007) Principles of the law of relationships among adults. Family Law Q 41:433–454
Eichner M (2011) Beyond private ordering. J Am Acad Matrim Lawyers 23:305–346
Feder Kittay E (2007) Searching for an overlapping consensus: a secular care ethics feminist responds to religious feminists. Univ St Thomas Law J 4:468–488
Ferguson L (2008) Family, social inequalities, and the persuasive force of interpersonal obligation. Int J Law Policy Family 22:61–92
Fineman M (2004) The autonomy myth. New Press, New York
Frelich Appleton S (2013) Family law’s equality project in our empirical age. In: McClain L, Cere D (eds) What is parenthood?. New York University Press, New York
Gilligan C (1982) In a different voice. Harvard University Press, Cambridge
Hale B (2011) Equality and autonomy in family law. J Soc Welf Family Law 33:3–14
Held V (2006) The ethics of care. Oxford University Press, Oxford
Herring J (1999) The welfare principle and the rights of parents. In: Bainham A, Lindley B, Richards M (eds) What is a parent?. Hart Publishing, Oxford
Herring J (2013) Caring and the law. Hart Publishing, Oxford
Herring J (2014) Making family law more careful. In: Wallbank J, Herring J (2013) Vulnerabilities, care and family law. Routledge, Abingdon, pp. 43–59
Minow M, Lyndon Shanley M (1996) Relational rights: revisioning the family in liberal political theory and law. Hypatia 11:4
Nedelsky J (1993) Property in potential life? A relational approach to choosing legal categories. Can J Law Jurisprud 6:343
West R (1998) Universalism, liberal theory, and the problem of gay marriage. Fla State Univ Law Rev 25:705–730
Wilson R (2011) The perils of privatized marriage. In: Nichols J (ed) Marriage and divorce in a multi-cultural context: reconsidering the boundaries of civil law and religion. Cambridge University Press, Cambridge
Author information
Authors and Affiliations
Corresponding author
Rights and permissions
Copyright information
© 2014 The Author(s)
About this chapter
Cite this chapter
Herring, J. (2014). Applying Relational Autonomy to Family Law. In: Relational Autonomy and Family Law. SpringerBriefs in Law. Springer, Cham. https://doi.org/10.1007/978-3-319-04987-8_4
Download citation
DOI: https://doi.org/10.1007/978-3-319-04987-8_4
Published:
Publisher Name: Springer, Cham
Print ISBN: 978-3-319-04986-1
Online ISBN: 978-3-319-04987-8
eBook Packages: Humanities, Social Sciences and LawLaw and Criminology (R0)