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Modern Guardianship in Historical Perspective
Cohen, Nili
2017
Abstract
Guardianship, an old institute classified in law as pertaining to persons and family, functions within and outside the family. Family which is often regarded as a «natural» phenomenon, is a social construct, contingent on time, culture, class and place. The introduction puts emphasis on historical developments that on the one hand have limited the scope of ancient guardianship by bestowing legal independence or capacity to wider categories (e.g., women), and on the other hand expanded it to new categories within modern concepts of family (e.g., de facto adopted children). The modern concept of parenting which might be detached from coupling and biology is occasionally inter-related with de facto kinship. This trend could be traced back to old times, so that ancient guardianship might serve not only as a tool for comparison with current developments in law and society, but also as some source of insight and inspiration.
Part of
Legal Documents in Ancient Societies VI. Ancient Guardianship: Legal Incapacities in the Ancient World
Publisher
EUT Edizioni Università di Trieste
Source
Nili Cohen, "Modern Guardianship in Historical Perspective", in "Legal Documents in Ancient Societies VI. Ancient Guardianship: Legal Incapacities in the Ancient World", Trieste, EUT Edizioni Università di Trieste, 2017, pp. 11-27
Languages
en
Rights
Attribution-NonCommercial-NoDerivatives 4.0 Internazionale
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