Book contents
- Frontmatter
- Contents
- Acknowledgments
- Foreword, by Mary Ann Glendon
- List of Contributors
- Introduction
- PART ONE FAULT
- 1 Beyond Fault and No-Fault in the Reform of Marital Dissolution Law
- 2 A City without Duty, Fault, or Shame
- PART TWO CUSTODY
- PART THREE CHILD SUPPORT
- PART FOUR PROPERTY DIVISION
- PART FIVE SPOUSAL SUPPORT
- PART SIX DOMESTIC PARTNERSHIP
- PART SEVEN AGREEMENTS
- PART EIGHT JUDICIAL AND LEGISLATIVE PERSPECTIVES
- PART NINE INTERNATIONAL REFLECTIONS
- Afterword: Elite Principles: The ALI Proposals and the Politics of Law Reform, by Carl E. Schneider
- Index
2 - A City without Duty, Fault, or Shame
Published online by Cambridge University Press: 25 January 2010
- Frontmatter
- Contents
- Acknowledgments
- Foreword, by Mary Ann Glendon
- List of Contributors
- Introduction
- PART ONE FAULT
- 1 Beyond Fault and No-Fault in the Reform of Marital Dissolution Law
- 2 A City without Duty, Fault, or Shame
- PART TWO CUSTODY
- PART THREE CHILD SUPPORT
- PART FOUR PROPERTY DIVISION
- PART FIVE SPOUSAL SUPPORT
- PART SIX DOMESTIC PARTNERSHIP
- PART SEVEN AGREEMENTS
- PART EIGHT JUDICIAL AND LEGISLATIVE PERSPECTIVES
- PART NINE INTERNATIONAL REFLECTIONS
- Afterword: Elite Principles: The ALI Proposals and the Politics of Law Reform, by Carl E. Schneider
- Index
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 FamilyCritique on the American Law Institute's Principles of the Law of Family Dissolution, pp. 28 - 46Publisher: Cambridge University PressPrint publication year: 2006
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