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We Are All Equal Before the Law - Essay Example

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As such, this essay focuses on the family as a social group and particular attention will be paid to the aspect of children as a social issue that is often regarded as a center of controversy within this particular group in some cases. The essay starts by explaining key terms, as well as defining the issue being addressed and why it is being addressed. The main discussion of the essay draws from family law and how it is supposed to work in theory and in practice. Basically, “a group is two or more individuals who interact with one another, share goals and norms and have a subjective awareness as we” (Andersen & Taylor, 2003, p 121). In this case, focus is on the family which is regarded as a small group whose members share personal and enduring relationships (Macionis, 1997). Members of the family share the same identity and they spend most of the time together. The family is every society’s most important primary group although there are often periodic conflicts within this unit. The strength of the relationship within the family often creates a sense of security among the members of this group as they depend on one another. Although members of this primary group display sincere concern for each other’s welfare, there are often conflicts encountered and these emanate from the issues related to custodianship of the children. More often than not, the fabric of the family is often bound by the existence of the children. In typical fashion, there are conflicting interests between the parents with regards to the one who will take care of the children in the event that the family has disintegrated or there may have been some form of misunderstanding. Indeed, marriages end everyday and divorce is becoming an accepted way of life (Gelles & Levine, 1999). Traditionally, parents were compelled to stay together for the sake of the children. However, research has shown that conflicts between parents often arise with regards to custody of the children in the event of divorce or any other form of disintegration of the family. The aspect of children is very important given that a family as a primary group has various functions to play especially bringing them up. In any case, the family is expected to have certain functions regardless of its form and some of them are discussed below. According to Westlake & Westlake (1992), a family should provide a secure, mentally healthy environment which is essential for the wellbeing of each member and it should also enhance competence of each family member to cope with life’s stress both inside and outside the home. More importantly, the family should socialize the children and must provide role models with whom children can identify. In some instances, this is the source of conflict though all parents are regarded as equal by the law. Like any other institution, the family is guided by a certain legal framework. In this particular case, the family law is more ideal in view of this primary social group. Against this background, this section of the essay seeks to evaluate the extent to which family law is applied in a bid to keep this social group intact. According to Legal Directories (2012), family law can be defined as the law which deals with issues related to families which include the following: the nature of marriage, civil unions, and domestic partnerships; issues arising during marriage, divorce, child custody, child support as well as termination of relationships among others. Whilst these laws vary from country to country, the issue of child custody and support remains contentious in different scenarios though the law prescribes that both parents are equal with regards to this particular aspect. From a functionalist ...Show more
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"We Are All Equal Before the Law".
It is commonly believed that all people are equal before the law. However, to a certain extent, there is often discord in as far as the law is reflected in practice…
Author : strosinsophie
We Are All Equal Before the Law
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