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2 - A City without Duty, Fault, or Shame

Published online by Cambridge University Press:  25 January 2010

Scott FitzGibbon
Affiliation:
Professor, Boston College Law School, a member of the American Law Institute, and a member of the International Society of Family Law
Robin Fretwell Wilson
Affiliation:
University of Maryland, Baltimore
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Summary

Imagine all the people

Living for today …

Imagine there's no countries

It isn't hard to do

Nothing to kill or die for

And no religion too …

Imagine all the people

Sharing all the world …

You, you may say I am a dreamer

But I'm not the only one

I hope someday you'll join us

And the world will be as one.

The Principles avoid taking account of fault, as Professor Wardle details at length in this volume. The Principles in this respect extend a trend of the past several decades toward the development of the no-fault marriage, the no-fault family, and the no-fault legal system. There have also been tendencies toward the emergence of a no-fault public culture, a no-fault system of social morality, and even perhaps toward a normative psychology which encourages the individual to maintain an attitude of continuous self-congratulation.

This chapter argues that the recognition of fault, in others and oneself, is actually a good thing because it is inextricably linked to the remedial side of certain basic personal and social goods. Recognition of fault has a special place with regard to marriage and the family.

How is the recognition of fault a good thing? This chapter approaches the question in three stages. First, it considers obligation, since fault relates to violation of duty, presenting an account of the goods involved in having an obligation, accepting it, and acting upon it.

Type
Chapter
Information
Reconceiving the Family
Critique on the American Law Institute's Principles of the Law of Family Dissolution
, pp. 28 - 46
Publisher: Cambridge University Press
Print publication year: 2006

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  • A City without Duty, Fault, or Shame
    • By Scott FitzGibbon, Professor, Boston College Law School, a member of the American Law Institute, and a member of the International Society of Family Law
  • Edited by Robin Fretwell Wilson, University of Maryland, Baltimore
  • Book: Reconceiving the Family
  • Online publication: 25 January 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511617706.004
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  • A City without Duty, Fault, or Shame
    • By Scott FitzGibbon, Professor, Boston College Law School, a member of the American Law Institute, and a member of the International Society of Family Law
  • Edited by Robin Fretwell Wilson, University of Maryland, Baltimore
  • Book: Reconceiving the Family
  • Online publication: 25 January 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511617706.004
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • A City without Duty, Fault, or Shame
    • By Scott FitzGibbon, Professor, Boston College Law School, a member of the American Law Institute, and a member of the International Society of Family Law
  • Edited by Robin Fretwell Wilson, University of Maryland, Baltimore
  • Book: Reconceiving the Family
  • Online publication: 25 January 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511617706.004
Available formats
×