Finding Fairness in U.S. Family Law

Abstract

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.