Essay Example on The paper analyses the theoretical framework of the Family Law Jurisprudence

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ABSTRACT The paper analyses the theoretical framework of the family law jurisprudence family law decision making etc The task of jurisprudence for loyal realistic is particular aim to ensure that individual decision making promote social welfare and increase the practicability of legal outcomes The paper proposes on interdisciplinary approach based on our ecological and therapeutic jurisprudence paradigm to resolve family proceedings The ecological approach emulating from the ecology of human development social science paradigm is one in which family law decision makers consider factors beyond their conceptions of the family This approach urges decision makers to accent from Family Ecology which includes the instructions within which family member s participate such as neighbourhood and religions organization are ecological approach to family law jurisprudence implies that decision makers appreciate the importance of socially rich environment for family members and facilitate linkage between among as many systems in litigants lives as possible The paper urges that family law decision makers consider outcomes that have the rapeutic all positive consequences for families and children All interdisciplinary paradigms for family law jurisprudence that applies in the ecology of human development prospective and nations of therapeutic jurisprudence can ensure that family law decision makers and the courts are a source of strength and support for the continued and enhanced functioning of Indian Families 2 




1 FAMILY LAW JURIPRUDENCE The task of jurisprudence for legal realists is a practical aim to ensure that Judicial decision making promotes social welfare and increases the predictability of legal outcomes This focus on the functional effects of judicial decision making requires sufficient knowledge of the social sciences to enable judges to understand social policy implications when fashioning legal remedies Legal realism has dominated judicial decision making in most areas of the law Family law jurisprudence however reflects the law s inconsistency with families real life experiences and with relevant social science research in child development and family relations Historically judges have attempted to fashion morality in the determination of family legal issues rather than to devise legal remedies that accommodate how families live This approach to decision making must change if family law jurisprudence is to effectuate the well being of families and children A new approach to family law jurisprudence can assist decision makers to account for the realities of families lives when determining family legal issues The lack of legal realism in family law is troublesome given the extent of court involvement in the lives of families and children The family law cases constitute about thirty five percent of the total number of civil cases handled by the majority of our nation's courts a percentage which constitutes the largest and fastest growing part of the state civil caseload The focus of judicial decision making in family law needs to become how the state intervenes in family life rather than whether the state ought to intervene as court involvement itself constitutes state intervention 




2 2 FAMILY LAW DECISION MAKING Changes over the last few decades in the structure and function of the family as well as the relative complexity of contemporary family legal issues challenge judges to adopt an appropriate jurisprudential philosophy that addresses these transformations The tremendous volume and breadth of family law cases now before the courts coupled with the critical role of the family in today s society to provide stable and nurturing environments for family members require that judges understand relevant social science research about child development and family life This informed perspective can assist decision makers to dispense justice aimed at strengthening and supporting families An interdisciplinary approach is to resolve family legal morality in the determination of family legal issues rather than to devise legal remedies that accommodate how families live This approach to decision making must change if family law jurisprudence is to effectuate the well being of Families and children A new approach to family law jurisprudence can assist decision makers to account for the realities of families lives when determining family legal issues The family justice system increasingly finds itself attempting to respond to changes in family life Dramatic changes in the structure of the family have occurred in the past few decades


These changes have resulted in part from greater geographic mobility increased life expectancy new reproductive technologies transformations in women s roles and declining adherence to formal religion Family roles and relationships also have transformed as the structure of the family has altered These changes in family roles and relationships both arise from and contribute to the redefined functions the family now performs Family life has become more complex and demanding Many families regularly face the crises and challenges surrounding unemployment violent crime drug and alcohol abuse spousal and child abuse and the stress created by competing time demands The increased mobility of contemporary families often results in loss of stability for family members a lack of social support systems and increased isolation Nevertheless relationships outside the family unit including




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