The Semiotics of Law in Legal Education pp 183-200 | Cite as
Michael H. v. Gerald D.: A Case Study of Political Ideology Disguised in Legal Thought
Chapter
First Online:
Abstract
Semiotic analyses are applied to a question of family law. By examining the language used by the Supreme Court in the title case, Michael H. v. Gerald D., along with the case briefs, lower court opinions, other Supreme Court cases and prior legal scholarship, one determines the requisite relationships between father and child and father and mother in order for a legal tie to exist between a father and his biological child. The chapter focuses on the necessary circumstances and also the political ideology that distinguishes these familial ties. Legal semiotics delivers the tools to analyze the goals of such underlying political ideologies.
Keywords
Biological Father Legal Reasoning Plurality Opinion Internal Citation Unitary Family
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.
References
- Balkin, J.M. 1989–1990. The Hohfeldian approach to law and semiotics. University of Miami Law Review 44(1119): 1120.Google Scholar
- Beckerman, Stephen, Roberto Lizarralde, Carol Ballew, Sissel Schroeder, Christina Fingelton, Angela Garrison, and Helen Smith. 1998. The Bari partible paternity project: Preliminary results. Current Anthropology 39: 164.CrossRefGoogle Scholar
- Black’s Law Dictionary 637, 8th ed. 2004.Google Scholar
- Brief for Appellant Victoria D., Michael H. v. Gerald D., 491 U.S. 110 (1989) (No. 87-746), 1987 WL 880074.Google Scholar
- Brief for Appellee, Michael H. v. Gerald D., 491 U.S. 110 (1989) (No. 87-746). 1988 WL 1025582.Google Scholar
- C.C. v. A.B., 406 Mass. 679, 550 N.E.2d 365, 369 (Mass. 1990).Google Scholar
- Hadek, David V. 1996–1997. Why the policy behind the irrebuttable presumption of paternity will never die. Southwestern University Law Review 26: 359.Google Scholar
- Lin, Timothy E. 1999. Social norms and judicial decision making: Examining the role of narratives in same-sex adoption cases. Columbia Law Review 99: 739.CrossRefGoogle Scholar
- Loconto, T.Carmen. 1992. Family law—The substantial relationship test: The putative father gains standing to rebut the presumption of legitimacy-C.C. v A.B. Western New England Law Review 14: 79.Google Scholar
- Michael H. v. Gerald D., 191 Cal. App. 3d 995 (Cal. Ct. App. 1987).Google Scholar
- Michael H. v. Gerald D., 491 U.S. 110. 1989.Google Scholar
- Palmore v. Sidoti, 466 U.S. 429, 433. 1984.Google Scholar
- Rogers, Brie S. 2001–2002. The presumption of paternity in child support cases: A triumph of law over biology. University of Cincinnati Law Review 70: 1151.Google Scholar
- Silber, Bonnie Baxt. 1992. How irrebuttable is the irrebuttable presumption of paternity in section 621 of the California Evidence Code? An examination of Michael H. v. Gerald D. and its Aftermath in California. Journal of Juvenile Law 13: 159.Google Scholar
Copyright information
© Springer Science+Business Media B.V. 2011