Repairing Family Law
نویسنده
چکیده
Scholars in the burgeoning field of law and emotion have paid surprisingly little attention to family law. This gap is unfortunate because law and emotion has the potential to bring great insights to family law. This Article begins to fill this void-and inaugurate a larger debate about the central role of emotion in family law-by exploring the intriguing and significant consequences for the regulation of families that flow from a theory of intimacy first articulated by psychoanalytic theorist Melanie Klein. According to Klein, individuals love others, inevitably transgress against those they love out of hate and aggression, feel guilt about the transgression, and then seek to repair the damage. Individuals experience this cycle repeatedly throughout their lifetimes, with transgressions ranging from the minor, such as parents raising their voices to their children, Copyright © 2008 by Clare Huntington. t Associate Professor, University of Colorado Law School; B.A. Oberlin College, J.D. Columbia Law School. I am grateful to Charles Asher, Katharine Bartlett, June Carbone, Jennifer Collins, Anne Dailey, Nestor Davidson, Maxine Eichner, Elizabeth Emens, Robert Emery, Peter Huang, Solangel Maldonado, Terry Maroney, Scott Moss, Melissa Murray, Laura Rosenbury, Carol Sanger, Pierre Schlag, Elizabeth Scott, Laura Spitz, Carole Symer, Phil Weiser, and participants in faculty workshops at Vanderbilt Law School and Colorado Law School for their helpful suggestions. An earlier version of this Article was presented at the North American Regional Conference of the International Society of Family Law in June 2007. I thank Susan Carriere, Elizabeth Osborn, and Kirsten Westerland for their outstanding research assistance, and Sonja Ralston Elder and the editors of the Duke Law Journal for their exceptional editorial assistance. HeinOnline -57 Duke L.J. 1245 2007-2008
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