Lecture 24 - 1 Soc 120 Marriage and the Family Lecture 24 Functional v Legal Definitions of the Family Conflict& Domestic Violence Prof Elwert

Info iconThis preview shows pages 1–5. Sign up to view the full content.

View Full Document Right Arrow Icon

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: 1 Soc 120: Marriage and the Family Lecture 24: Functional v. Legal Definitions of the Family Conflict & Domestic Violence Prof. Elwert Review • Gay Marriage • Marital rights and obligations • The legal landscape of gay marriage • Public opinion on gay rights • U.S.-Canada comparison • Normative positions 2 Preview • Formal vs functional definition of the family • Some real cases (think about these!) • Conflict & Domestic Violence • The all-important difference • History • Prevalence • Explanations • (Read Cherlin on child and elder abuse) Formal Legal Definition of the Family • How does one become part of someone ¡ s family? • Birth • Marriage • Adoption • This is the formal legal definition of the family used in most family courts . 3 ¡ Functional ¢ Definition of the Family • Minow (1991) advocates that courts move to a ¡ functional ¢ legal definition of the family: – Meaning that non-nuclear family relationships that share the essential characteristics of ¡ traditional ¢ families be recognized as ¡ de facto ¢ families. • Share affect and resources • Consider each other family members • Present themselves as family members to community – How might this work in practice? Key terms: Formal Legal Func3onal Legal De Jure De Facto Norma3ve Realis3c Parental Rights Doctrine Best Interests of the Child 4 Example: Alison D. v. Virginia M. • At issue: Visitation rights for child X – age 7. • Facts of the case are not in dispute: – Relationship began in 1977 and began cohabiting in 1978 – Decided to have a child in 1980 – agreed that Virginia would be artificially inseminated – Baby boy born in 1981, given Alison ¡ s last name as his middle name and Virginia ¡ s last name as his surname – This arrangement continued until 1986, when Virginia bought out Alison ¡ s interest in the house and began to restrict Alison ¡ s access to the child – In 1987, Alison moved to Ireland for career purposes, but continued attempts to maintain contact with the child – Virginia terminated all contact, returning all gifts and letters....
View Full Document

This note was uploaded on 03/21/2012 for the course SOCIOLOGY 120 taught by Professor Elwert during the Fall '11 term at Wisconsin.

Page1 / 13

Lecture 24 - 1 Soc 120 Marriage and the Family Lecture 24 Functional v Legal Definitions of the Family Conflict& Domestic Violence Prof Elwert

This preview shows document pages 1 - 5. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online