Journal Article

THE HOLY FAMILY AND THE LAW

Lior Barshack

in International Journal of Law, Policy and the Family

Volume 18, issue 2, pages 214-234
Published in print August 2004 | ISSN: 1360-9939
Published online August 2004 | e-ISSN: 1464-3707 | DOI: https://dx.doi.org/10.1093/lawfam/18.2.214
THE HOLY FAMILY AND THE LAW

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Wherever the sacred appears it claims dispensation from the law. The exemption of domestic relations from legal regulation has often been associated by the courts with the sanctity of the family. Domestic sacredness can be construed in light of two alternative models of the family. According to the first model, the family constitutes a communal body: a sacred, formless fusion of individuals, a texture of interaction that would be impaired and violated by legal mediation. According to the second model, the family constitutes a quasi-sovereign corporate body: a thoroughly legal structure in which each individual organ plays a determined role, dictated by the family's own sacred, ancestral law. Both the corporate and communal models call for a certain degree of exemption of domestic relations from state regulation on account of their sanctity. The article revisits and develops the classical anthropological theory of the family as corporation – the theory of Maine, Maitland, Fortes and Kantorowicz.

Journal Article.  0 words. 

Subjects: Family Law ; Marriage and the Family

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