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Ethical Theory and Moral Practice

, Volume 21, Issue 3, pp 759–761 | Cite as

Review of Brake E. and Ferguson L. (eds.): Philosophical Foundations of Children’s and Family Law

Oxford: OUP, 2018. Hardcover (ISBN: 978–0198786429). €85.00. 368 pp
  • Christopher Cowley
Article

This volume is part of a series of ‘Philosophical Foundations’ on various aspects of law, and comprises 14 new papers on some of the philosophically complex or ethically controversial areas of children’s and family law. The 15 contributors are four philosophers, nine legal academics, and two political scientists, with some very prestigious names among them.

The 14 papers are divided into four sections, preceded by an excellent 40-page overview by the two editors, where they discuss the role of theory and theorising in such a variegated area of the law. This leads nicely into the first section, where John Eekelaar and David Archard discuss ‘Definitions’. Despite concerns about the sheer range of problems that characterise legal attempts to regulate and repair family life, and despite scepticism about whether the concept of ‘family’ has a broadly acceptable, non-arbitrary definition, both authors believe that enough unity can be found. Eekelaar argues plausibly that power is the central...

Copyright information

© Springer Nature B.V. 2018

Authors and Affiliations

  1. 1.University College DublinDublinIreland

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