Katharine K Baker, ‘Equality and Family Autonomy’, University of Pennsylvania Journal of Constitutional Law (forthcoming), available at SSRN. As Katharine Baker recounts in her excellent article, ‘Equality and Family Autonomy’, functional analysis was once part of a positive progressive narrative within family law: it was through a functional analysis that scholars and courts (and some legislatures) found a way to give legal recognition – and legal protection – to individuals and families whom legal formalities would not protect. As Baker writes: ‘Contemporary family law scholarship … often assume[s] that a functional approach to family law … is the best way to secure equal treatment for people who live in relationships that have not been recognize legally as familial’ (p 2). However, functional approaches always had their disadvantages … (more)
[Brian Bix, JOTWELL, 12 January]
First posted 2022-01-15 18:00:45
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