The Public in Family Law: Channelling Parents to be Each Other’s Intimate Partners?
The Paul-André Crépeau Centre for Private and Comparative Law is proud to inaugurate its 2016-2018 Civil Law Workshops series, “Le public en droit privé”, with a talk by Frederik Swennen (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-à-vis parents who are not, and never were, each other’s 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 “channelling function” 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’ family law.
About the Civil Law Workshops
In order to promote fundamental research in private law, the Paul-André Crépeau Centre for Private and Comparative Law initiated the “Civil Law Workshops” series, bringing together jurists from Québec and beyond to work on related research topics. With their cross-disciplinary focus, the “Civil Law Workshops” contribute to enriching and stimulating fundamental research in private law.
The 2016-2018 series of Civil Law Workshops presented by the Paul-André Crépeau Centre for Private and Comparative Law explore "Le public en droit privé".
The workshops are presented with financial assistance from Justice Canada’s 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 Québec.
