Gregg Strauss

UVA Law School

Associate Professor

580 Massie Road

Charlottesville, VA 22903

United States

http://www.law.virginia.edu/lawweb/faculty.nsf/FHPbI/2575027

SCHOLARLY PAPERS

5

DOWNLOADS

1,107

SSRN CITATIONS

0

CROSSREF CITATIONS

1

Ideas:
“  I am developing a new jurisprudence of parentage law that draws on Kantian legal philosophy. State law now recognizes as many as eleven tests for parentage and, when they conflict, directs family courts to follow the test founded on "weightier policy." Normative theory is not much help. None of the principles central to theorizing about parentage -- genetics, causation, intent, caregiving -- can justify parental rights and duties. To untangle this doctrinal knot, legal and moral theorists need to reconceive their notions of parentage. Parent is not a natural kind, and parental rights and duties cannot be justified by ordinary interpersonal morality. Parentage is a political office with immense authority and burdensome duties. Children have a right to parental authority as a matter of distributive justice. Moral principles cannot justify the juridical rights and duties of parents, but they can provide limits on and reasons for allocating the political office of parenthood.  ”

Scholarly Papers (5)

1.

Is Polygamy Inherently Unequal?

Ethics, Vol. 122, No. 3, pp. 516-544, April 2012
Number of pages: 30 Posted: 22 Jul 2013
Gregg Strauss
UVA Law School
Downloads 486 (82,013)

Abstract:

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polygamy, marriage, family, applied ethics

2.

Why the State Cannot 'Abolish Marriage': A Partial Defense of Legal Marriage

Indiana Law Review, Vol. 90 (2015): 1261-1319
Number of pages: 59 Posted: 30 Jul 2014 Last Revised: 13 Jun 2015
Gregg Strauss
UVA Law School
Downloads 201 (208,423)

Abstract:

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marriage, family law, marriage, divorce, status, intimacy, intimate affiliations

3.

The Positive Right to Marry

Virginia Law Review, Vol. 102 (2016): 1691-1776
Number of pages: 76 Posted: 25 Feb 2016 Last Revised: 06 Nov 2016
Gregg Strauss
UVA Law School
Downloads 195 (215,137)

Abstract:

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marriage, divorce, Obergefell, domestic relations

4.

What's Wrong with Obergefell

Cardozo Law Review, Vol. 40, (2018 Forthcoming)
Number of pages: 47 Posted: 25 Sep 2018
Gregg Strauss
UVA Law School
Downloads 123 (311,346)

Abstract:

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family law, marriage, constitutional law, public reason, liberalism

5.

What Role Remains for De Facto Parenthood?

Florida State University Law Review, Forthcoming (Sept. 2019)
Number of pages: 55 Posted: 03 Jun 2019
Gregg Strauss
UVA Law School
Downloads 102 (354,357)

Abstract:

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de facto parent, parents, children, parentage, custody, visitation