Family Law Reimagined

318 Pages·2014·1.339 MB·English

by  Jill Elaine Hasday

Family law
Reimagined

F a m i l y l a w
Reimagined
Jill elaine Hasday
Cambridge, massachusetts
london, England
2014
Copyright © 2014 by Jill Elaine Hasday
all rights reserved
Printed in the United States of america
Library of Congress Cataloging- in- Publication data
Hasday, Jill Elaine, author.
Family law reimagined / Jill Elaine Hasday.
pages cm
includes bibliographical references and index.
iSBN 978-0-674-28128-8
1. Domestic relations—United States. 2. Parent and child (law)—United States.
3. Common law marriage—United States. 4. Domestic relations (Canon law) i. Title.
KF505.H39 2014
346.7301'5—dc23 2013040290
For my family through the generations:
my grandparents, Rose and irving, and Dora and isaac
my parents, Carol and Robert
my siblings, michael and lisa
my husband, allan
my children, Sarah, Daniel, and David

CoNTENTS
introduction: The Family law Canon 1
i
Family law ExCEPTioNaliSm 15
1 Federalism and the Family 17
2 Family law and Economic Exchange 67
ii
THE Family l aw CaNoN’S PRogRESS NaRRaTivES 95
3 Progress Narratives for adults 97
4 a Progress Narrative for Children 133
iii
wHaT’S m iSSiNg FRom THE Family l aw CaNoN? 159
5 Sibling Ties and other Noncanonical Family Relationships 161
6 Family law for the Poor 195
Conclusion: Recasting the Family law Canon 221
Notes 229
acknowledgments 299
index 301

Family law
Reimagined