concepts of family and marriage Flashcards
define family
“a group of persons united by the ties of marriage, blood, or adoption, constituting a single household”- alan Barnard 2019 (old fashioned view)
“the definition of a family is on the move, is linked to society and changing in similar ways as society is”- Butrymowicz 2016
Re B 2017- the courts recognise many versions of a family, lady hale said can be a psychological parent (recognising there may be parents who are not biolgical)
Fitzpatrick v Sterling housing 2001- HOL said gay couple living together can be considered a family for the purpose of housing law
social and cultural norms of a family
nuclear family- parents and their one or more children living in one home
2.4 children
changing over time
extended family- in other cultures norms
living with grandparents for example
waites 2009- typical in collective cultures where living with extended family shares family responsibilities including childrearing roles
Bester and Rooyen 2015- “multigenerational bonds and greater resources increase the extended familys resiliency and ability to provide for the childrens needs”
Eekelaars criticism of the modern definition of family
John Eekelaar 2018- danger that the definition of families is being controlled by those with economic power who can pay for children to be adopted or created
which may not by the idea of a family we want to foster
“family law needs to be aware of.. the network of social norms that exists in the society”
sociological theories of family
the law sometimes has to draw on these to make decisions
(such as lady hale with psychological explanations)
bioecological systems theory- children at the centre with expanding circles including family, school, healthcare
family systems theory- looks at the family as a system which has functions for itself and society
functionalist- focus on the familys key role in stabilising society
conflict theorists- how family dynamis effects conflicts
symbolic interactionists- how the hierarchys of family play a role in society
exchange theory- sees marriage and family as the exchange of currency (such as money/sex/work)
feminist theory- looks at inequalities within a family
political and psychological theories of family:
political:
aristotle- family is the key component to society
karl marx- the nuclear family is a key aspect to capitalism (people moved to industrial citys and worked)
psychological:
freud- importance of family relations to developing children
defining marriage
“the state of being united as spouses in a consensual and contractual relationship recognized by law”- merrium webster dictionary definition
for “regulating sex, reporduction, and family life”- stanford encylopedia
“moral philosophers have debated whether marriage has a special moral status and relation to the human good”- stanford encylopedia (so should not be allowed a too easy divorce)
feminist philosophers- “marriage as playing a crucial role in womens oppression”- SE
B and L v the UK 2005- abolished the old fashioned religious rule that ex in laws couldnt marry
problems with our existing institutions:
queer theorists: they impose heteronormative values (normal couple as male and female)
believed that created new forms of marriage for homosexuals is problematic as its is mimicking the existing rules
