From Contract to Covenant
Beyond the Law and Economics of the Family
By (author) Margaret F. Brinig
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From Contract to Covenant by Margaret F. Brinig
Book DescriptionThis work is the first systematic account of the law and economics of the family. It explores the implications of economics for family law - divorce, adoption, breach of promise, surrogacy, prenuptial agreements, custody arrangements - and its limitations. Before a family forms, prospective partners engage in a kind of market activity that involves searching and bargaining, for which the economic analysis of contract law provides useful insights. Once a couple marries, the individuals become a family and their decisions have important consequences for other parties, especially children. as a result, the state and community have vital interests in the family. Although it may be rational to breach a contract, pay damages, and re-contract when a better deal comes along, this practice, if applied to family relationships, would make family life impossible - as would the regular toting up of balances between the partners. So the book introduces the idea of covenant to consider the role of love, trust, and fidelity, concepts about which economic analysis and contract law have little to offer, but feminist thought has a great deal to add. Although families do break up, children of divorce are still bound to their parents and to each other in powerful ways.
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Book DetailsISBN: 9780674002166
(235mm x 155mm x 29mm)
Imprint: Harvard University Press
Publisher: Harvard University Press
Publish Date: 25-Apr-2000
Country of Publication: United States
Books By Author Margaret F. Brinig
Family, Law, and Community, Hardback (May 2010)» View all books by Margaret F. Brinig
Draws on research from a variety of disciplines to offer a study of family dynamics and social policy. Concentrating on legal reform, this book argues that family policy can only be effective if it is guided by an understanding of the importance of social capital and the advantages held by families that accrue it.
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Author Biography - Margaret F. Brinig
Margaret F. Brinig is Professor of Law at the University of Iowa.
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