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Global Law Working Papers
2006 Series
GLWP 06/06
Author
Shahar Lifshitz
Berkowitz Fellow (2005-2006)
Title
"Taking Responsibility Seriously: The Best Interests of the Child and Spousal Law"
Abstract
This article calls for a rethinking of the modern boundaries between the regulation of spousal relations and the regulation of parenthood, including joint parenthood. My main argument is that important legal rules that are currently at the core of spousal law possess a dramatic influence on children's lives. Thus, I will critique the current legal regulation that limits the influence of the best interests of the child principle to the regime of law that is currently classified as parent law but almost completely ignores its application in regimes currently classified as spousal law.
In the final section, we return to a theoretical analysis of the tension that exists between parental responsibilities and spouse's rights. We conclude by proposing a possible application of the framework developed in this article to the broader tension that exists between rights and responsibilities in contemporary society.
Contact the Author
slifshi1@yu.edu
