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The law & economics of parenthood: how gender inequality impacts social welfare - Research Paper Example

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The study tells why biological affinity is alone, without more, sufficient to give rise to parental rights and liabilities and examines whether the historical justifications for assigning parental rights and liabilities between the parties to the sexual act that created that child should be applicable in modern times. …
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The law & economics of parenthood: how gender inequality impacts social welfare
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Download file to see previous pages The paper tells that the role of being a parent in today’s society has transformed from the past interests of both men and women. There are certain rights and liabilities that are established for the interests of the child. Traditionally, the rights and responsibilities are allocated to the parents with the assumption that the household will carry the option of raising a child in terms of moral, economic and social obligations. The changes in today’s society come from households which no longer assume the same roles and liabilities while leading to economic burdens carried by the State to carry large sums of money to care for children that are born without a sense of responsibility over childrearing. Under the current law, the rights are automatically established toward the protection of the child and are specifically based on single mothers that require support from the father or the State. However, there is little to no reference of the father’s rights of caring for an unwanted child in terms of economic obligations toward both mother and child. The assignment of parental rights and liabilities, specifically in terms of financial obligations, impacts the conduct and lives of the parents, the child, and the welfare of society. In the absence of an agreement among the parties, society has often established default rules to supply an answer to both questions. These default rules were created to cure the injustice that nature’s allocation of parental rights and liabilities that inflict the welfare of the child. ...
longer assume the same roles and liabilities while leading to economic burdens carried by the State to carry large sums of money to care for children that are born without a sense of responsibility over childrearing. Under the current law, the rights are automatically established toward the protection of the child and are specifically based on single mothers that require support from the father or the State. However, there is little to no reference of the father’s rights of caring for an unwanted child in terms of economic obligations toward both mother and child. The assignment of parental rights and liabilities, specifically in terms of financial obligations, impacts the conduct and lives of the parents, the child, and the welfare of society. In the absence of an agreement among the parties, society has often established default rules to supply an answer to both questions. These default rules were created to cure the injustice that nature’s allocation of parental rights and liabilities that inflict the welfare of the child. While an examination of these default rules necessarily implicates issues of assisted reproductive technology and parenthood for same-sex couples, this Note’s concern is exclusively within the context of parental rights and liabilities between opposite-sex couples. Additionally, this Note does not concern a woman’s right to either terminate an unwanted pregnancy or to carry a wanted pregnancy to term. Advocates for men’s rights have argued that the current default allocation of parental rights and liabilities leads to inequitable results.1 The basis of these rights and liabilities is based on the standards that depict what the definition is of being a parent. In all instances, there is the association with a father being liable to the ...Download file to see next pagesRead More
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