Normative Jurisprudence and Family Law

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2 Responses

  1. Amy Uelmen says:

    Thanks, Jill, for this thought-provoking post – just a note re your point about rights entrenching existing power hierarchies, and the connection between Pierce v. Society of Sisters (1925) and the reinforcement of economic inequality: I’ll grant that many aspects of private education fit into this basket, but my sense is that the historical landscape of Catholic parochial schools is pretty complex – some have their roots in a response to the “power hierarchies” of the Protestant culture dominant at the time; and over the years, many communities have made a concerted effort to insure the educational experience is accessible to inner city kids of many different faith traditions whose families may not be able to afford the tuition. So I wonder what difference it makes to the rights analysis to think about communities (perhaps more than the state or individuals) that are committed (morally and financially) to make the enjoyment of the right a reality?

  2. Dina Haddad says:

    “Family cap laws help illustrate how rights to freedom from state intervention do not help parents secure the necessary resources to raise their children.” I could not agree with your statement anymore! I really enjoyed this article!
    Dina Haddad