This book explores the importance of autonomy in family law. It argues that traditional understandings of autonomy are inappropriate in the family law context and instead recommends the use of relational autonomy. The book starts by explaining how autonomy has historically been understood, before exploring the problems with its use in family law. It then sets out the model of relational autonomy which, it will be argued, is more appropriate in this context. Finally, some examples of practical application are presented. The issues raised and theoretical discussion is relevant to any jurisdiction.
| ISBN: | 9783319049861 |
| Publication date: | 26th March 2014 |
| Author: | Jonathan Herring |
| Publisher: | Springer an imprint of Springer International Publishing |
| Format: | Paperback |
| Pagination: | 80 pages |
| Series: | SpringerBriefs in Law |
| Genres: |
International law Arbitration, mediation and alternative dispute resolution Gender studies, gender groups Sociology: family and relationships Systems of law: civil codes / civil law Comparative law Methods, theory and philosophy of law Private or civil law: general |