From Contract to Covenant: Beyond the Law and Economics of the Family

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More About This Textbook

Overview

This book is the first systematic account of the law and economics of the family. It explores the implications of economics for family law—divorce, adoption, breach of promise, surrogacy, prenuptial agreements, custody arrangements—and its limitations.

Before a family forms, prospective partners engage in a kind of market activity that involves searching and bargaining, for which the economic analysis of contract law provides useful insights. Once a couple marries, the individuals become a family and their decisions have important consequences for other parties, especially children. As a result, the state and community have vital interests in the family.

Although it may be rational to breach a contract, pay damages, and recontract when a better deal comes along, this practice, if applied to family relationships, would make family life impossible—as would the regular toting up of balances between the partners. So the book introduces the idea of covenant to consider the role of love, trust, and fidelity, concepts about which economic analysis and contract law have little to offer, but feminist thought has a great deal to add. Although families do break up, children of divorce are still bound to their parents and to each other in powerful ways.

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Product Details

  • ISBN-13: 9780674002166
  • Publisher: Harvard University Press
  • Publication date: 4/28/2000
  • Edition description: New Edition
  • Pages: 352
  • Product dimensions: 6.50 (w) x 9.56 (h) x 1.13 (d)

Meet the Author

Margaret F. Brinig is Professor of Law at the University of Iowa.

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Table of Contents

Acknowledgments
1 Introduction 1
I Markets in Family Relationships
2 Courtship: The Marriage Market 17
3 Becoming Parents 44
II The Family as Firm
4 Husband and Wife 83
5 Parent and Child 110
III Families in Disequilibrium and the Family Franchise
6 Families in Transition: Between Firm and Franchise 143
7 Winding Up the Firm: The Family Franchise 181
8 The Role of Law Reform 208
Notes 223
Index 315
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