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9 - Families

Published online by Cambridge University Press:  05 June 2012

Robert K. Vischer
Affiliation:
University of St. Thomas School of Law, Minneapolis
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Summary

To take stock fully of conscience's relational dimension and its implications for the law, we must explore what that dimension means for our treatment of the most important relational venue in the lives of most people – the family. This exploration is by no means straightforward or obvious, for the marketplace model that has shaped this book's recommendations in other areas is of limited applicability when it comes to the family. Put simply, how should we view conscience's relational dimension in a venue where we have traditionally functioned more as members than as choosers? To the extent that the law empowers individual family members to function more as choosers, what are the implications for conscience?

One possible implication is an expanded state role to protect those deemed incapable of choosing the moral commitments imposed on them by those exercising authority within the family. Consider the recent well-publicized government raid of the Yearning for Zion ranch associated with the Fundamentalist Church of Jesus Christ of Latter Day Saints in Texas. Acting on an anonymous telephone call reporting that a 16 year-old girl named Sarah was being physically and sexually abused at the ranch, the state removed 463 children from their parents despite failing to locate “Sarah.” A state agency would not typically enter and remove all children from their families in a population the size of a small town absent some particularized and substantiated allegations of serious abuse.

Type
Chapter
Information
Conscience and the Common Good
Reclaiming the Space Between Person and State
, pp. 239 - 268
Publisher: Cambridge University Press
Print publication year: 2009

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References

Regan, Milton C., Family Law and the Pursuit of Intimacy, 2 (1993)
West, Robin, Marriage, Sexuality, and Gender, 208 (2007)
Fineman, Martha, The Neutered Mother, the Sexual Family, and Other Twentieth Century Tragedies, 146 (1995)
Matthews, Gareth B., The Philosophy of Childhood, 80 (1994)
Regan, Milton C., Alone Together: Law and the Meanings of Marriage, 5 (1999)
Sandel, Michael, Liberalism and the Limits of Justice, 180 [1982]
Fineman, Martha, The Neutered Mother, the Sexual Family, and Other Twentieth Century Tragedies, 229 (1995)
Emens, Elizabeth F., “Just Monogamy?” in Just Marriage, 75, 79 (2004)Google Scholar
Browning, Don S., Equality and the Family: A Fundamental, Practical Theology of Children, Mothers and Fathers, 342 (2007)
Berger, Peter L. and Luckmann, Thomas, The Social Construction of Reality: A Treatise in the Sociology of Knowledge, 52 (1966)
McClain, Linda C.: The Place of Families: Fostering Capacity, Equality and Responsibility, 193 (2006)
Brinig, Margaret F., From Contract to Covenant: Beyond the Law and Economics of the Family, 59 (2000)
Bellah, et al Robert., The Good Society, 48 (1991)

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  • Families
  • Robert K. Vischer
  • Book: Conscience and the Common Good
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511804267.010
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  • Families
  • Robert K. Vischer
  • Book: Conscience and the Common Good
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511804267.010
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Families
  • Robert K. Vischer
  • Book: Conscience and the Common Good
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511804267.010
Available formats
×