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Article Abstract  

Love, Marriage, and the Baby Carriage: Revisiting the Channelling Function of Family Law


  Author: Linda C. McClain
Publisher: SSRN Electronic Paper Collection
Publication: Cardoza Law Review, Vo. 28, No. 101
Document Date:                  April 4, 2007
Category: Public Policy > Future of the Family
Related Categories:
Family Structure > Definition of Family
Marriage > Definition of Marriage
Marriage > Homosexual Marriage
Marriage > Philosophy of Marriage
Marriage > Rituals/Cultural Distinctives
Public Policy > Marriage
Public Policy > Parental Rights
 

This paper examines how the law has responded to changes in the traditional social sequence of love, marriage and procreation.  The paper explores family law scholar Carl Schneider's idea that family law channels marriage and sexual behaviour.  The author concludes that if the law possesses a channeling dimension for human behaviour, the outcomes of changes to institutions such as marriage and parenthood should be considered when making changes to it.

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