The state of care: Rethinking the distributive effects of familial care policies in liberal welfare states

Research output: Contribution to journalArticlepeer-review

Abstract

The Paper offers a new analytical framework for the study of the regulation of family relations. The framework builds on distributive models of the welfare state, and goes beyond the family-state dyad to include the market as a sphere in which the family is meaningfully regulated. The offered framework challenges the traditional boundaries of family law and suggests an understanding of the institution of the family as defined through its interaction with the institutions of the labor market and the welfare state. The framework is applied to welfare state regimes of familial care in the United States and Israel - child care in the United States (federal), and long-term care for the elderly in Israel. The comparative distributive analysis shows that viewing the family from outside traditional Family Law leads to a relaxation of some of the exceptional characteristics of the legal concept of the family, as well as to a realization that family regulation is intimately connected to broad social policy debates about citizenship, social status, labor market, and wealth distribution.

Original languageEnglish
Pages (from-to)953-986
Number of pages34
JournalAmerican Journal of Comparative Law
Volume58
Issue number4
DOIs
StatePublished - Sep 2010

Fingerprint

Dive into the research topics of 'The state of care: Rethinking the distributive effects of familial care policies in liberal welfare states'. Together they form a unique fingerprint.

Cite this