From Rights and Obligations to Contested Rights and Obligations: Individualization, Globalization, and Family Law
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Elisabeth Beck-Gernsheim
Individualization and globalization are recent trends that bring fundamental transformations of modern society. In this Article, I will first outline what individualization and globalization imply on a general level, and how in particular they affect families. I will then argue that individualization and globalization also imply some major consequences in the field of family law: Today, norms and beliefs in respect of what is right and proper in regard to personal lives multiply and compete with one another, new family models challenging older ones and opening up numerous questions regarding which model should be given priority. The effect is that the issue of rights and obligations turns into an arena of controversies, an issue of contested rights and obligations.
©2012 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
Articles in the same Issue
- Article
- Introduction
- From Rights and Obligations to Contested Rights and Obligations: Individualization, Globalization, and Family Law
- The Liberal Transformation of Spousal Law: Past, Present and Future
- Self-Restraint: Social Norms, Individualism and the Family
- The Family and the Market -- Redux
- The Legal Relationship Between Cohabitants and Their Partners' Children
- Who and What Is a Mother? Maternity, Responsibility and Liberty
- The Costs of Raising Children: Toward a Theory of Financial Obligations
- Lay Intuitions About Family Obligations: The Case of Alimony
- Family Law Reform in Australia, or Frozen Chooks Revisited Again?
- Something Old, Something New? Re-theorizing Patriarchal Relations and Privatization from the Outskirts of Family Law
- Rethinking the Right to Procreate: An African Imperative
- Economic Consequences of Marriage and Its Dissolution: Applying a Universal Equality Norm in a Fragmented Universe
- Introducing the Political Family: A New Road Map for Critical Family Law
Articles in the same Issue
- Article
- Introduction
- From Rights and Obligations to Contested Rights and Obligations: Individualization, Globalization, and Family Law
- The Liberal Transformation of Spousal Law: Past, Present and Future
- Self-Restraint: Social Norms, Individualism and the Family
- The Family and the Market -- Redux
- The Legal Relationship Between Cohabitants and Their Partners' Children
- Who and What Is a Mother? Maternity, Responsibility and Liberty
- The Costs of Raising Children: Toward a Theory of Financial Obligations
- Lay Intuitions About Family Obligations: The Case of Alimony
- Family Law Reform in Australia, or Frozen Chooks Revisited Again?
- Something Old, Something New? Re-theorizing Patriarchal Relations and Privatization from the Outskirts of Family Law
- Rethinking the Right to Procreate: An African Imperative
- Economic Consequences of Marriage and Its Dissolution: Applying a Universal Equality Norm in a Fragmented Universe
- Introducing the Political Family: A New Road Map for Critical Family Law