文章基本信息

标题：Family Law Property Settlements: A Liberal Theoretical Framework for Law Reform
本地全文：下载
作者：Christopher Turnbull
期刊名称：QUT Law Review
电子版ISSN：2201-7275
出版年度：2018
卷号：18
期号：2
页码：246-267
DOI：10.5204/qutlr.v18i2.751
出版社：Queensland University of Technology
摘要：This article sets out a law reform framework for family property settlements, drawn expressly from a theoretical foundation. It applies Rawls’ theory of justice, which falls under a liberal philosophical umbrella. It explains the choice of a liberal theory for use in family property settlements and constituent elements of Rawls' theory of justice. Drawn from Rawls' theory, four foundation principles emerge. These are the rule of law (including transparency, consistency, and clear purpose), non-discrimination between spouses, recognition of financial disadvantage, and priority to the economic interests of children. From those principles, this article constructs the elements of a potential alternative property settlement law combining a rule of equal division while retaining judicial discretion for specific purposes.