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CFS 4052 Lecture Notes - Lecture 11: Nuclear Family, Pillow Talk, Tender Years DoctrineExam

Child and Family Studies
Course Code
CFS 4052
Study Guide

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Miya Tate
CFS 4052
Discussion Set #7
October 15, 2019
The Court has established certain fundamental rights as they pertain specifically to family life.
What are these fundamental rights?
Fundamental Rights are rights which require protection by the government so that they may never
be encroached, as they are laid out by and specified within the constitution and supported by means of
due process. The Court has established specific fundamental rights that pertain to family life which
include the right to marry, procreate (including the right not to be sterilized), access/practice of
contraception (including for single/unmarried persons, abortion as a privacy right and right to individual
autonomy, rear children, and establishment and enjoyment of family relationships. Most of the rights
listed previously are grounded in due process protections and are often framed as privacy rights and are
protected regardless of practice outside of the traditional nuclear family, though, foster families,
homosexual couples/families, cohabiting couples, and unwed fathers often fall within the "gray area" as
pertaining to these established rights.
People are often quick to claim that clean drinking water, shelter and access to health care are
"fundamental rights", however rather than fundamental rights, these rights are considered inherent rights
and therefore need not be established as they are the basic rights and needs of any individual in order to
live. The courts have declines to define "family" as to avoid issues in the future, as the idea and structure
of the "family" has shifted through the years, as evidenced by the original notion that adopted children
were not considered a legal part of the family.
Describe and discuss briefly the early legal assumptions about the family in American Society. How
did our changing views of family life, captured in the Burgess definition of the family, represent a
shift from those early assumptions toward a "parting of the veil" on family life?
The legal early assumptions about the family in American society include intrafamily tort
immunity, husband and wife are one, mother and child are one, a private, confidential nature of home and
family, marriage and family are “confidential conversations,” childhood is a special state of existence,
adolescence is a time of “storm and stress,and due to “original sinof children, parents owe them
discipline. The first legal early assumption about the family in American society is the idea of intrafamily
tort immunity. This means that members of a family could not hold their own family members liable of
dangers. Any damage done within the family by its members would not be held liable. However, this has
changed, and family is not viewed as a veiled separate entity. Today, children and parents can sue each
other for damage or harm done to one another.
The second legal early assumption about the family in American society is the idea husband and
wife are one. They were one, but under the husband. The husband made all the decisions. Women did
not need the right to vote, because they would have been forced to vote the same as their husbands. This
began to change when the Married Women s Property Act was passed giving women control over any
property they brought into the marriage.
The third early legal assumption is the idea that woman and child is one. The mother and child
were bonded in a way that the child could never be separated from the mother. It was also assumed the
mother would never harm the child, because it would be the same as if she was harming herself since they
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