Failure to Flourish: How Law Undermines Family Relationships

ISBN : 9780190658793

Clare Huntington
352 ページ
156 x 234 mm

Exploring the connection between families and inequality, Failure to Flourish: How Law Undermines Family Relationships argues that the legal regulation of families stands fundamentally at odds with the needs of families. Strong, stable, positive relationships are essential for both individuals and society to flourish, but from transportation policy to the criminal justice system, and from divorce rules to the child welfare system, the legal system makes it harder for parents to provide children with these kinds of relationships, exacerbating the growing inequality in America. Failure to Flourish contends that we must re-orient the legal system to help families avoid crises and, when conflicts arise, intervene in a manner that heals relationships. To understand how wrong our family law system has gone and what we need to repair it, Failure to Flourish takes us from ancient Greece to cutting-edge psychological research, and from the chaotic corridors of local family courts to a quiet revolution under way in how services are provided to families in need. Incorporating the latest insights of positive psychology and social science research, the book sets forth a new, more emotionally intelligent vision for a legal system that not only resolves conflict but actively encourages the healthy relationships that are at the core of a stable society.



Part I: Positive Relationships and Negative Family Law
Chapter 1: The Place of Relationships
Chapter 2: Families in Transition and Families in Crisis
Chapter 3: The State's Role in Relationships
Chapter 4: Negative Family Law

Part II: Flourishing Family Law
Chapter 5: A New Vision for Resolving Family Disputes
Chapter 6: Implementing the Vision
Chapter 7: A New Vision for Structuring Family Relationships
Chapter 8: Implementing the Vision, Part II
Chapter 9: The Limits of Flourishing Family Law



Clare Huntington is Associate Dean for Research and Professor of Law at Fordham University School of Law, where she teaches and writes about family law and poverty law. Professor Huntington's extensive legal experience includes clerking on the U.S. Supreme Court and serving as an Attorney Adviser in the Office of Legal Counsel for the U.S. Department of Justice. In addition to international development experience in India and Senegal, Professor Huntington has worked as a social worker in New York City's foster care system. She received her B.A. from Oberlin College and her J.D. from Columbia Law School.