theoretical foundations of family law Flashcards

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1
Q

takeaways - 5 things + AUTHORS

A
  1. children - parental responsibility raises the threshold for divorce for children (BURKE)
  2. PROMOTE ADR - allowing the permanency of such a union to last (BURKE///ARISTOTLE - marriage is not a commercial contract you can simply enter and then get out of - PER)
  3. free consent - age
  4. monogamy, not polygamy
  5. man and woman (definition of marriage); revisionists think it doesn’t matter but the element of childbirth and feminism and masculinity need to be present- ANDERSON AND OBERGFELL CASE.
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