The Tort Duty of Parents to Protect Minor Children
The Tort Duty of Parents to Protect Minor Children

Author: Vincent Johnson

Publisher:

Published: 2017

Total Pages: 26

ISBN-13:

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American tort law should recognize the parent-minor child relationship as a “special relationship.” Imposing an affirmative duty on parents to act to prevent serious harm from occurring to their minor children, despite the Restatement (Third) of Tort's refusal to impose such a duty, keeps with public expectations and public policy. The drafters of the Restatement do not recognize such a duty because there is little precedent to support the imposition of affirmative duties on family members. However, despite this dearth of reported cases, American courts should recognize an affirmative duty on the part of parents to aid their minor children to prevent serious harms.The relationship between parents and their minor children fits into the “special relationship” exception to the general no-duty-to-rescue rule and that relationship's status as such is reflected in the law generally and in tort law in particular. Further, public policy supports the notion that American law should recognize that the parent-minor child relation is a “special relationship” warranting the imposition of an affirmative duty to rescue on the parent. Courts should find that the parent-minor child form of familial relation offers a strong case for recognition of an affirmative duty to act.

Philosophy, Law and the Family
Philosophy, Law and the Family

Author: Laurence D. Houlgate

Publisher: Springer

Published: 2017-01-21

Total Pages: 284

ISBN-13: 3319511211

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This textbook uses cases in family law to illustrate both traditional philosophical problems in the law as well as problems that are unique to family law. In the beginning chapters family law cases are employed to introduce the reader to philosophical debates about the relationship between law and morals, about how one ought to interpret the U.S. Constitution and its amendments, about the conditions under which individual liberty is justifiably limited by law, about the justification of punishment, and about the justification of remedies and standards of care in determining negligence in tort cases. Later chapters are devoted to contemporary issues unique to family law, including justifiable limits of access to marriage, alternatives to marriage, the rights of children, child custody disputes involving surrogate births, quasi-property disputes involving custody of frozen embryos, and the justifiable limits of the right not to procreate. The book reflects current movements, contemporary debates, and recent research on the philosophical problems in family law.