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http://ssrn.com/abstract=1752564
 
 

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The Juridification of the Family and its Construct as a Non-Political Entity (In Spanish)


Aníbal Rosario Lebrón


University of Louisville - Louis D. Brandeis School of Law

November 1, 2009

Revista Electrónica del Instituto de Investigaciones, No. 1, 2010

Abstract:     
The scarce theorization about the “family” in contemporary political and justice theories has led to construct the family as an apolitical entity, notwithstanding its inherently political character. Because of this clash between the political nature of the “family” and the treatment families have received in political thought, the State, in order to address the political demands of the families, has been obliged to enact a great number of legal norms. This proliferation of legal norms regarding the “family” has led to its juridification, which in turn has produced stagnation in the recognition and the social acceptance of the “family” as a plural entity as well as in the procurement of a just society. This article argues, by examining the Puerto Rican experience, that the juridification of the “family” has lessened the sense of agency and accountability of the citizens as they recognize themselves as subjects of the Law and not as actors. This approach citizens have toward the Law dissociates Law from Society; ignoring that the Law is a symbolic space in which social relations are mediated. This socio-political process has allowed for the perpetuation and institutionalization of inequalities toward the families.

Note: Downloadable document is in Spanish.

Number of Pages in PDF File: 17

Keywords: Family, Juridification, Marriage

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Date posted: February 2, 2011  

Suggested Citation

Rosario Lebrón, Aníbal, The Juridification of the Family and its Construct as a Non-Political Entity (In Spanish) (November 1, 2009). Revista Electrónica del Instituto de Investigaciones, No. 1, 2010. Available at SSRN: http://ssrn.com/abstract=1752564

Contact Information

Aníbal Rosario Lebrón (Contact Author)
University of Louisville - Louis D. Brandeis School of Law ( email )
Wilson W. Wyatt Hall
Louisville, KY 40292
United States
HOME PAGE: http://https://www.law.louisville.edu/user/1680

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