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- Title
Is the family of the 21st century based exclusively on the marriage between a man and a woman?
- Authors
Ghiţă, Oana; Albăstroiu, Roxana Gabriela
- Abstract
Family relationships have always been labeled to mark the development of norms with, in order to regulate such a field, which is culturally, socially, traditionally and religiously charged. The influence of all these factors on the development of family legislation has determined a series of modifications of the legal texts regarding family relationships, both from a formal and a material point of view. The winding evolution of these regulations at the international level and the traditions and customs involved have led to the impossibility of building a set of unitary norms at the level of the European Union, a ''European Code of norms which regulate family relationships'' as they were intended and as they were drafted in commercial law, for instance. Starting from the definition given to the notion of ''family'', we notice that tradition and religion are crucial in determining not only the way in which family relationships are initiated and maintained, but also in the development of a certain family typology. Is the subject of family relationships regulated through prescriptive or descriptive norms? Is there a set type of family created by legal texts at the social level? Does the modern family show principles which contradict those imposed by the Church? All these questions originate in recent controversies raised by the legal recognition of same-sex marriages in countries from Western Europe, and the intention of the Romanian Orthodox Church to revise art. 48 of the Constitution with a view to specifically defining family as marriage between a man and a woman.
- Subjects
RELIGION &; marriage; FAMILY relations; DOMESTIC relations; FAMILIES; MAN-woman relationships; EUROPEAN Union
- Publication
Revista de Stiinte Politice / Revue des Sciences Politiques, 2014, Issue 43, p183
- ISSN
1584-224X
- Publication type
Article