The Public in Family Law: Channelling Parents to be Each Other鈥檚 Intimate Partners?
The Paul-Andr茅 Cr茅peau Centre for Private and Comparative Law is proud to inaugurate its 2016-2018 Civil Law Workshops series, 鈥淟e public en droit priv茅鈥�, with a talk by (University of Antwerp).
Abstract
The disconnect between marriage and parenthood (Parsons 1916) seems acquis in 21C family law. Particularly, filiation can be established with full effect vis-脿-vis parents who are not, and never were, each other鈥檚 intimate partners.
The first purpose of this Workshop, however, is to unveil that parenthood still is much dependent on the existence of a(n) (former) intimate partnership between the parents, e.g. in adoption law (art. 555 CCQ) or in the exercise of parental authority (art. 372 CCF). Function merely seems to have replaced form.
The second purpose is to normatively discuss the above in light of the 鈥渃hannelling function鈥� of family law (Schneider 1992), aiming to direct people into accepted social institutions that exert performative effects. Is there a State interest to direct parents towards certain intimate practices, if not institutions? Alternatively, is there a State interest in developing a non-intimate parenthood status between parents (Weiner 2015)?
The Workshop will draw on family studies, and on Quebec and Low Countries鈥� family law.
About the Civil Law Workshops
In order to promote fundamental research in private law, the Paul-Andr茅 Cr茅peau Centre for Private and Comparative Law initiated the 鈥淐ivil Law Workshops鈥� series, bringing together jurists from Qu茅bec and beyond to work on related research topics. With their cross-disciplinary focus, the 鈥淐ivil Law Workshops鈥� contribute to enriching and stimulating fundamental research in private law.
The 2016-2018 series of Civil Law Workshops presented by the Paul-Andr茅 Cr茅peau Centre for Private and Comparative Law explore "Le public en droit priv茅".
The workshops are presented with financial assistance from Justice Canada鈥檚 Support Fund for Access to Justice in Both Official Languages.
Registration is not required. Each workshop has been accredited for 1.5 hours of continuing legal education by the Barreau du Qu茅bec.