New Frontiers in Family Law
Kessler, Laura. "New Frontiers in Family Law." Transcending the Boundaries of Law: Generations of Feminism and Legal Theory, edited by Martha Albertson Fineman, Routledge, 2011, pp. 226-242.
24 Pages Posted: 25 Sep 2018
Date Written: June 1, 2011
Abstract
In this book chapter, published in Martha Fineman's anthology on feminist and related critical theories about law, I explore the de-centered position of marriage from its historically privileged position in the academic discipline of family law. By discipline, I mean a defined branch of knowledge that is taught and researched as part of legal education. Historically, the topic of marriage -- its entrance rules, obligations, and exit rules -- constituted the core of family law. Today, largely due to feminist theorizing on the family, a range of family relationships and sexual practices other than marriage receive attention in family law courses and family law scholarship. This chapter examines some of the central feminist debates and research questions generated by the declining focus on marriage in the field of family law. It concludes with some predictions about the future trajectory of the discipline of family law in the next 25 years.
Note: New Frontiers in Family Law, Laura Kessler.
© 2011 editorial matter and selection Martha Albertson Fineman, individual chapters © the contributors.
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Keywords: family law, feminist legal theory, queer theory, academic disciplines, epistemology, legal education
JEL Classification: K36
Suggested Citation: Suggested Citation