Rethinking ‘Family’ in Family Law: Form-based, Function-based and Choice-based Frameworks
1. Introduction The conjugal family, limited to exclusive bonds of marriage and parenthood, has consistently served as the primary norm underpinning family law in many jurisdictions, including England and Wales,1 the United States2 and the European Union.3 However, this restrictive definition of family has been criticised for its inability to reflect social reality. Jill Hasday observes that American […]