Table of contentsThe nature of a familyFunctionalist approachFeminist perspectivesThe public/private distinctionFamily law and familiesConclusionThe nature of family life has undergone constant evolution over time years. Historically, families had different meanings and different roles existed between parents. However, families have changed and society has become more open to changes such as same-sex marriages. This essay will focus on the nature of family law as a subject and examine different theoretical approaches that highlight the difficulties in describing the relationship between law and family. Additionally, the essay will also focus on the importance of defining the term "family" in family law and why uncertainty exists in this area of ​​law. Say no to plagiarism. Get a tailor-made essay on “Why violent video games should not be banned”?Get an original essayThe Nature of a FamilyA family is a group of people consisting of parents and their children who love and support each other psychologically, financially and physically. and this includes blood relatives and “persons related by marriage and adoption.” A person defines a family based on their personal experiences, their socialization process, their background, and the culture in which they have lived. All of these factors shape the definition of a family. Some definitions such as the formalist definition suggest that a group of people must have "certain observable traits" to constitute a family, others, such as the function-based definition, focus on the "functions that a family performs" , she “focuses on what they do”. , rather than what they are. These different definitions show that there is no clear way to define a family, especially because there are different types of families such as cohabitation and same-sex relationships. Robert and Rhona Rapoport (1982) were one of the first sociologists to notice the changes that were happening to English families. They claimed that nuclear families were not the only type of family in existence and that different types of families were emerging. They argued that all types of families should be recognized. Furthermore, according to Herring, "family life has been transformed with cohabitation, divorce, children born through assisted reproduction, increased acceptance of same-sex relationships, all leading to different understandings of what is family life”. Herring recognizes that families are different than they used to be due to societal changes and increased acceptance of unconventional ideas. Furthermore, these changes demonstrate that promoting family life or referring to family law carries risks until family law has a clear meaning. It is important to define families because the law seeks to protect families and when it defines a family it intends to cover which groups are considered a family and which parts of the law cover which individuals. This does not mean that the law excludes groups on the basis that they do not constitute a family, but that some people need the law more than others. Functionalist approach The functionalist approach suggests that family law has specific functions that it aims to achieve. Eekelaar argues that family law has three functions: to protect family members from harm, to help family members adapt to different circumstances (e.g. divorce), to support and enlargefamilies. However, this approach poses certain problems. The Family Law Act 1996 does not have just one objective but attempts to balance different objectives and the law is not the only influence on family life, society also affects the functioning of a family. The functionalist approach gives the judiciary broad discretion to decide which relationships are considered a family from this functionalist perspective. Dewar says family law is chaotic and is more difficult to regulate because it deals with feelings and that is human nature, which is one aspect of law he cannot control. Feminist Perspectives This perspective examines how the law affects men and women, particularly how the law favors men more than women. Feminists claim that women are not valued and controlled by men and that the law discriminates against them. In the past, the roles of women and men were those of the woman as caretaker of children and the man as breadwinner. Currently, these roles have changed to the extent that women can be the breadwinners and men can stay at home and look after the children. Feminists argue that the law once discriminated against adulterous women as grounds for divorce. A man can divorce his wife for adultery, but a woman cannot unless there is another reason contrary to morality. Feminists claim that in divorce proceedings the court takes into account the fact that the man, as the breadwinner, has contributed financially to the household, but it does not take into account the contribution of the women, which he whether it's taking care of the children or doing the housework. Giddens argues that feminists emphasize domestic violence and the power that men hold over women. He gives the example of marital rape, which is now illegal. Other societies practice honor killings which also discriminate against women, as a man can kill a woman who he believes has dishonored him. Feminist perspectives have certain limitations. One limitation is that the different feminist ideas of Marxist, radical and liberal feminism could clash with each other, weakening their ideas. Another limitation is that feminists claim that the law does not do all it can to protect women from domestic violence. In the past, the law did not protect women from domestic violence. However, today women are protected by law from abuse, so feminist ideas are considered outdated. The arguments of these feminists do not take into account that some women want to be with men and want to marry. Another approach linked to feminism is the family approach, but according to Dewar, this approach "places a lot of importance on the woman and deprioritizes children who are also vulnerable and in need of protection." The public/private distinction The public/private distinction is based on the idea that family life is divided into public and private spaces. Arguments about the public/private distinction focus on the fact that the law has the right to regulate public domains and should not intrude into the private domains of family life. According to Houlgate, the law must distinguish in which areas of family life it is appropriate to intervene and those which must remain private. Traditionalists argue that the law should intervene in cases of any type of abuse within the family. Houlgate argues that as long as the state reforms the law according to societal changes and adjustments are made in response tofunction of the family, there should be no distinction between public and private, it remains a political concept and the law must intervene. He also claims that sex is a private matter and that the law should not intervene in this area, but the law intervenes because "there are laws prohibiting certain types of homosexual behavior." This means that the law intervenes when it is morally obliged to intervene. His argument is that the state only intervenes by regulating areas considered private. Furthermore, European law seeks to protect privacy in Article 8 of the ECHR “the right to private family life”. Additionally, the case of McGuire v McGuire shows that what happens in a household is a private matter if the spouse chooses to continue in the relationship and this is an area where the law cannot intervene and chooses not to to intervene. This case involved a wife who went to court over her husband's behavior in the home and his failure to support her financially and provide the basic necessities of the home. The court admitted in this case that the husband's behavior was unacceptable, but they could not intervene in such a private matter. This case shows that there is a public/private distinction in this type of case. Martha Fineman notes that the idea of ​​non-intervention in the private sector is a negative aspect when it comes to privacy, because privacy should not tolerate child abuse and that this area should always allow for intervention by the private sector. 'State. It is very difficult to draw a line between the private and public sectors of family law, based on the idea that women mainly fall into the private part of the law who takes care of the household and the market husband who is the public side. of the law. The law cannot specify to what extent it will intervene in family life, because it intervenes when something bad happens in the private home and it depends on different circumstances. This is the reason why the law is uncertain in this area because its objective is to protect against abuse and anything abnormal and it continues to evolve according to different societal developments. Family Law and Families As mentioned previously, the law requires defining a family in order to know which laws apply to which groups. Changing societal changes affect how laws are reformed. In the case of Fitzpatrick v Sterling House Association Ltd, family was considered under the Rent Act 1977. The court considered whether same-sex couples could be considered a family. The court emphasized that there should be a sexual relationship in order to prove that a family relationship exists and that it differs from a friendly relationship. The Fitzpatrick case shows that the law not only has a problem defining the term "family" in family law alone, but also has this problem in other areas such as taxation, property and contracts. Additionally, the law does not define a family based on blood ties and marriage alone, but also recognizes that other relationships may be considered family if they can demonstrate that there is a "degree of intimacy, stability and sharing of lives”. As Herring points out, the law takes both a functional and formalist approach. According to John Dewar, “family law is chaotic”. According to him, the relationship between children and their parents is chaotic. Additionally, family law deals with the legal part of relationships between families, namely divorce, marriage, abuse, etc. Family law reflects on the term family because it focuses.