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Table of Cases ix
Power 1
Family Practices and the Diffusion of Power 1
The Open Society 6
The Welfarism Thesis 9
The case of divorce 17
Homosexuality 22
The New Era: From Family Law to Personal Law? 22
Friendship 32
Friendship and Brotherly Love 34
'Full' Friendship as a Paradigmatic Value 35
Friendship and Public Constraints 38
Marriage and Friendship 40
Friendship and Legal Rights 43
Betrayal and Loss 45
Friendship Plus 49
Why Consider Friendship at All? 53
Truth 54
'Physical' Truth and 'Legal' Truth 55
Truth, Kinship, and Manipulation 57
Truth and Personal Relationships 62
Truth and Identity 70
Truth and Justice 73
Conclusion: Truth and Shame 75
Respect 77
What is Respect? 77
Love 81
Community Values 86
Care and Nurture 89
Religion 94
Procreation 99
Respecting Children 101
Responsibility 103
Historical Responsibility: The Case of Divorce 105
Prospective Responsibility: Allocation 111
Prospective Responsibility: Exercise 118
Divorce 118
Parenthood 122
A Fuller Concept of Responsibility 127
Rights 132
The Central Case of Rights 133
End-states 135
Grounds for entitlement 137
Weight 139
Rights in Personal Law 140
Rights claimed through political action 140
Rights developed through judicial lawmaking 143
Human rights 148
Children's Rights 155
Personal Law and Cultural Rights 162
Group or collective rights 164
Cultural rights, personal law, and the open society 166
Community 174
The Fear of Individualism 175
Communities, Care, and Power 177
Hearing the Voice 181
Solicitors and Barristers 184
Community legal and advice services 186
Mediation 190
Communities, Responsibility, and Law 194
Bibliography 197
Index 213
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