LAWS 6687 Regulating the Family

This course explores how the law regulates the family, which channels core aspects of human existence love, care, and dependency and how such regulation has changed over time. Rather than just focusing on what the law is, it analyses the law from the perspectives of legal theory, public policy, morality, and justice. During the seminar, we will interrogate the theoretical and conceptual basis for legal rules. We will enquire how this regulation relates to different conceptions of what we consider just and equitable. Finally, we will examine policy preferences underlying existing regulation and consider the dilemmas posed by reform proposals. The first half of the course explores theories of family law and analyses key historical stakes, including gender, the legal inclusion of marginalized identities, and the familys relationship with the market. The second half delves into concrete questions and debates about adult romantic relationships, parent-child relationships, and specific issues arising from the human life cycle, including childhood and aging. Throughout the course, we will try to unsettle boundaries of the public/private and domestic/global. We will read a broad range of sources and disciplines, including law, history, sociology, economics, political theory, and popular media. No prior knowledge of family law is necessary.