Disestablishing the family.: An article from: Yale Law Journal
Book Details
Author(s)Alice Ristroph, Melissa Murray
PublisherYale University, School of Law
ISBN / ASINB003LOGRKE
ISBN-13978B003LOGRK9
AvailabilityAvailable for download now
MarketplaceUnited States 🇺🇸
Description
This digital document is an article from Yale Law Journal, published by Yale University, School of Law on April 1, 2010. The length of the article is 20863 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available immediately after purchase. You can view it with any web browser.
From the author: This Feature explores what it would mean to disestablish the family. It examines a particular theory of religious disestablishment, one that emphasizes institutional pluralism and the importance of competing sources of authority, and argues that this model of church-state relationships has much to teach us about family-state relationships. Though substantial rights to what might be called "free exercise of the family" have been recognized in American constitutional doctrine, at present there is no parallel principle of familial disestablishment. The state is free to regulate families qua families, and to encourage or discourage certain kinds of familial relationships. This Feature suggests reasons to rethink these existing familial establishments. Disestablishment is a risky and unpredictable enterprise, but its risks may be the risks inherent in liberty.
Citation Details
Title: Disestablishing the family.
Author: Alice Ristroph
Publication:Yale Law Journal (Magazine/Journal)
Date: April 1, 2010
Publisher: Yale University, School of Law
Volume: 119 Issue: 6 Page: 1236(44)
Distributed by Gale, a part of Cengage Learning
From the author: This Feature explores what it would mean to disestablish the family. It examines a particular theory of religious disestablishment, one that emphasizes institutional pluralism and the importance of competing sources of authority, and argues that this model of church-state relationships has much to teach us about family-state relationships. Though substantial rights to what might be called "free exercise of the family" have been recognized in American constitutional doctrine, at present there is no parallel principle of familial disestablishment. The state is free to regulate families qua families, and to encourage or discourage certain kinds of familial relationships. This Feature suggests reasons to rethink these existing familial establishments. Disestablishment is a risky and unpredictable enterprise, but its risks may be the risks inherent in liberty.
Citation Details
Title: Disestablishing the family.
Author: Alice Ristroph
Publication:Yale Law Journal (Magazine/Journal)
Date: April 1, 2010
Publisher: Yale University, School of Law
Volume: 119 Issue: 6 Page: 1236(44)
Distributed by Gale, a part of Cengage Learning
