The Juridification of the Family and its Construct as a Non-Political Entity (In Spanish)
Aníbal Rosario Lebrón
Howard University School of Law
November 1, 2009
Revista Electrónica del Instituto de Investigaciones, No. 1, 2010
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
Date posted: February 2, 2011