Abstracts

Family and marriage

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Deconstructing legal rationality: the case of lesbian and gay relationships

Article Abstract:

Same-sex marriages are not recognized under American law. This deprives gay and lesbian marriages of the material and psychological benefits given heterosexual marriages. The material advantages that are withheld from gays and lesbians include health insurance cost, spousal inheritance rights, and the filing of joint income tax. Psychological benefits would include societal recognition which is a central source of self-esteem, parental rights, and legal equality. Although more and more communities are becoming tolerant towards gays, this is not enough. Legal recognition would place them on equal footing with the rest of the society.

Gays, Homosexuality, Lesbians

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Fantasy fulfillment

Article Abstract:

The prevalent ideas regarding law is that its invasive, not its protective, aspect is more pervasive when it comes to individual and family rights. There have been several cases in which this has been proved. For example, frivolous lawsuits which are actually groundless have been made against individuals who exercised their right to publicly participate in social or political issues. Ordinary individuals and families virtually feel that they are powerless as citizens and that the law has almost absolute control over their lives. Thus, there is a great need to study the relationship between the family and the law.

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Law and the family in historical perspective: issues and antecedents

Article Abstract:

American family laws are rooted in medieval England's church and the diverse common laws. The American Revolution and the economic changes that followed also changed family laws such as dower and inheritance rights. However, the law remained intrusive by controlling the right to enter into or exit from a marriage and this remained until mid-20th century. The 1990s' law's nonintervention, however, has paradoxically seen more family matters brought to court. In the 21st century, the challenge that the law faces is whether to prioritize the family's traditional form over its function.

History, Legal history

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