Fundamentals of the Jurisprudence of the Family: Building on Rock or Sand?
Lynn D. Wardle, 𝘍𝘶𝘯𝘥𝘢𝘮𝘦𝘯𝘵𝘢𝘭𝘴 𝘰𝘧 𝘵𝘩𝘦 𝘑𝘶𝘳𝘪𝘴𝘱𝘳𝘶𝘥𝘦𝘯𝘤𝘦 𝘰𝘧 𝘵𝘩𝘦 𝘍𝘢𝘮𝘪𝘭𝘺: 𝘉𝘶𝘪𝘭𝘥𝘪𝘯𝘨 𝘰𝘯 𝘙𝘰𝘤𝘬 𝘰𝘳 𝘚𝘢𝘯𝘥?, 1 Iɴᴛ’ʟ. J. Jᴜʀɪs. Fᴀᴍ. 223 (2010).
This paper will establish and illustrate three points concerning the jurisprudence of the family. The first principle is that the study of the jurisprudence of the family is important and timely. The second is that the comparative study of constitutional law is one valuable source of insights into the principles that that make up the jurisprudence of the family. The third is that comparative study of religions is another valuable source for understanding the jurisprudence of the family, especially in any particular faith community or legal system influenced by a faith community. This article begins with a review of the importance of foundations in building institutions that are stable, lasting, secure, and effective. It considers the relevance of jurisprudence of the family, and whether there are any real foundational principles for family law or for moral and virtuous family life apart from social preferences that happen to prevail in a culture or community at any particular time and place.
1 Int’l. J. Juris. Fam.
International Journal of Jurisprudence and Family