Law and society in a time of transition

Episode von Fakultät für Sprach- und Literaturwissenschaften - Digitale Hochschulschriften der LMU von Ludwig-Maximilians-Universität München · 4. Februar 2005

This dissertation is used to analyze the reform of the US divorce and custody laws – with special consideration for the legal development in California. A particular focus is on the reasons, which led to the no-fault-reform in the 1960s – an era of socio-political upheaval.

First, a portrayal of the concept of society and family in the light of the changes in contemporary history is shown. Here, the basics of the American system of values and the reasons for the changes in society since the 1960s are explained.

Following an excursion into legal history and legal tradition, the larger second part discusses the liberalization of divorce law and the resulting withdrawal of governmental intervention from divorce proceedings. Due to the abolition of the fault principle and the introduction of the failure principle, problem solving was shifted from the courts to the spouses. Individuals were now allocated a greater level of personal responsibility. The impulse for this change in the law came from the State of New York, which was to reduce the “divorce tourism“ in federal states with less restrictive laws.

As a result, the custody law was also reformed and joint custody was introduced. The development from patriarchal role relations within the family to the introduction of joint custody is the subject of the final part of this work.

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