Finding Fairness in U.S. Family Law
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Issue Date
2002-04-01Author
Hill, Gretchen J.
Publisher
Department of Sociology, University of Kansas
Type
Article
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Copyright (c) Social Thought and Research. For rights questions please contact Editor, Department of Sociology, Social Thought and Research, Fraser Hall, 1415 Jayhawk Blvd, Lawrence, KS 66045.
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Family law s visions of justice within the family regarding familial property are explored in terms of communal, equalitarian and equitable principles. Communal principles emphasize the family unit and implicitly assumes individuals cooperation and common interests. Equality confers identical rights; family members share and share alike in family property. Equity underlies rules making entitlements dependent upon contributions, such as requiring proof of individuals efforts toward acquiring family property. In recent years, equality and equity have found greater expression as family law increasingly addresses individual rights, yet communal notions persist, so that the three principles mix and fuse in family law.
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Citation
Social Thought and Research, Volume 25, Number 1&2 (2002), pp. 193-216 http://dx.doi.org/10.17161/STR.1808.5199
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