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Family Law final
Final
38
Law
Undergraduate 4
05/11/2014

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Term
Family impact lens
Definition
The critical implicit rules roles that family considerations can play in any policy even if it does not explicitly address families or family functions as
(a) a criterion for determining the impact of any policy or program on families.
(b) a means for achieving other unrelated policy goals
(c) administrators of public policy by determining eligibility for benefits and by distributing them to members
Term
Policy
Definition
Plan or course of action carried out through a law, rule, code, or other mechanism in the public or private sectors.
Term
Family Law
Definition
Professional field dedicated to the interpretation and application of policies that are relevant to families
Term
Lobbyist
Definition
Professional political advocate who supports a specific interest group
Term
Familism
Definition
Worldview in which social behavior is guided primarily by prioritizing the values and needs of the family and subordinating the ambitions of the individual
Term
Individualism
Definition
Worldview in which social behavior is guided primarily by personal goals, ambitions, and pleasures; the tendency of citizens to isolate themselves from their responsibilities to the larger society by focusing exclusively on themselves and their families
Term
What is a law?
Definition
A System of rules
Regulates actions of country or community
Enforced by penalties
Term
The Legal System
Definition
Three parallel systems
Federal Law
State Law
Administrative Law
Term
Sources of the System
Definition
The primary law of each system flows from three primary sources:
Statutes-the constitution and any laws enacted by the
legislature
Cases-judicial opinion
Administrative-any kind of agency materials, the way
that they handle or carry out different laws
Term
What is a policy
Definition
-Oxford dictionary: a course or principle of action adopted or proposed by a government, party, business, or individual
-Bogenschneider: a plan or course of action carried out through a law, rule, code, or other mechanism in the public or private sectors.
-B.L. Flinchbaugh defines public policy as “an identifiable course of action hammered out in the political arena to maximize the satisfaction of the general welfare.
Term
Defining Public Policy
Definition
1. They require group decisions
2. Solutions are based on value judgements
3. They are of broad interest and concern
4. They are controversial
5. They are recognized by key decision makers as a problem
Term
Types of Family Policies
Definition
-Explicit-directly related to family functions/domains
-Implicit-indirectly related to family functions/domains
-Family impact lens
Term
Family Policy vs Family Law
Definition
Family Policy-WHAT is enacted
Family Law-HOW it is enacted
Term
What is Family Policy?
Definition
-Policy that aims to protect, promote, and strengthen families by addressing one or more of the five explicit functions families perform
-Family Formation-how to families form-procreation,
marriages, adoption
-Partner Relationships
-Economic Support
-Childrearing
-Caregiving
Term
Current Powers of State and National Governments
Definition
-Collect Taxes
-Build Roads
-Borrow Money
-Establish Courts
-Make and enforce laws
-Charter banks and corporations
-Spend money for the general welfare
-Take private property for public purposes, with just compensation
Term
National Government duties
Definition
-Print Money
-Regulate interstate between states and international trade
-Make treaties and conduct foreign policy
-Declare War
-Provide army and navy
-Establish post offices
-Make laws necessary and proper to carry out these powers
Term
State Government duties
Definition
-Issue licenses
-Regulate intrastate (within the state) businesses
-Conduct elections
-Establish local governments
-Ratify amendments to the constitution
-Take measures for public health and safety
-May exert powers the Constitution does not delegate to the national government or prohibit the states from using
Term
The Executive Branch
Definition

 

  •  the head president (head of state, head of government, commander in chief) 15 executive offices. head of each office makes up the presidents cabinet 
Term
Theory of Paradox
Definition
Conceptual framework for moving beyond the differences of seemingly antithetical viewpoints by recognizing the validity and utility of each and, in so doing, framing policy debate in a way that has the potential to foster compromise
Term
Family Impact Analysis
Definition
Evidence based method of critically examining the past, present, or probable future effects of a policy, program, agency, or organization on family stability, family relationships, and family members' ability to carry out their responsibilities; goes beyond family evaluation to consider how program goals may inadvertently or unintentionally result in negative consequences for families.
Term
Ecological Family Systems Theory
Definition
it helps explain why policies and programs are important to family functioning and how family functioning in turn is important to individual development
Term
Self-Efficacy Theory
Definition
Provides a rationale for supporting family autonomy in ways that enhances rather than replace family responsibility.
Term
Open Policy Windows Theory
Definition
informs the selection of methods that are best suited for applying the family impact lens. Kingdon uses the analogy of open windows to emphasize when the conditions are right for social change on an issue. When policy windows are open, policymakers are willing to invest their time, energy, and political capital because their efforts are more likely to pay off.
Term
Family impact checklist
Definition
this method expands on each of the principles with a set of detailed questions that can be used to further guide policy, program, and practice decisions.
Term
Definition of Paradox
Definition
“Two ideas or principles that seem, at first blush, irreconcilable with each other but prove, on closer scrutiny,
simultaneously valid.”
Term
Theory of Paradox
Concerned Camp Definition
Definition
Believes that…
Nuclear families are on a steep decline
Four trends observed:
-Increase in maternal employment
-Declines in fertility
-High divorce levels
-Sexual revolution’s impact on teenage pregnancy and unwed parenting

The concerned camp believes that the family’s ability to provide:
-Socialization
-Provision of affection and companionship

Has been diminished
Term
Theory of Paradox
Concerned Camp Values
Definition
Values that drive the Concerned Camp:
-Parental commitment
-Marital fidelity
-Individual responsibility
-Civic participation

Individualism has weakened personal responsibility
towards others

Cautious about change
Term
Theory of Paradox
Concerned Camp Supporting Evidence
Definition
-Polls suggest that individualism is going too far , and Americans want community
-Americans are concerned about families and children
-Development of children will influence the next generation
-Stable, two-parent families are the best environments for raising children
-Parental employment interferes with family time, but families feel guilty and unable to control their schedules
Term
Theory of Paradox
Concerned Camp Policy Agenda
Pros and Cons
Definition
Pros:
-Supports policies that strengthen natural sources of support
 -Religious institutions
 -neighborhoods
-Want decentralization of power
-Decreased federal involvement in support of local govt.
-Wants a cultural shift back to valuing family over the individual

Cons:
-Against what has happened rather than for something specific
Term
Theory of Paradox
Satisfied Camp Definition
Definition
-Views change as indicators of family ability to adapt to new conditions
 -Changes are signs of progress
-Focus on children’s resilience
Term
Theory of Paradox
Satisfied Camp Values
Definition
-Believes that…
-American values have not changed, but standards of behavior
have
 -Are norms and values connected?
-Social problems come from
 -Lack of response from social institutions
 -Not families
-Independence and autonomy are important
Term
Theory of Paradox
Satisfied Camp Supporting Evidence
Definition
-Public opinion polls indicate majority of Americans have good relationships with their children
-Child well-being is a concern of every decade
-Other countries have experienced the same social and economic changes without substantial decline in
child well-being
Term
Theory of Paradox
Satisfied Camp Policy Agenda
Pros and Cons
Definition
Pros:
-Emphasis on establishing social supports needed to cushion families from rapid change
-Support government safety nets and individual policies
that will transfer strength to families

Cons:
-Opposite of the Concerned Party
-Equate the needs of families with the needs of women
Term
Theory of Paradox
Impatient Camp Definition
Definition
-changes have not gone far enough
-Family is an ideology, not an institution
-Ideology of family is harming children in nontraditional family forms
-Family scholars and educators are to blame for problems in family policy
Term
Theory of Paradox
Impatient Camp Values
Definition
Impatient Camp values:
 -Relativism
 -Pluralism
 -Skepticism about progress
 -De-emphasis of the individual

-They reject family forms based on marriage because
marriage is inherently unequal as practiced in North America
Term
Theory of Paradox
Impatient Camp Supporting Evidence
Definition
-Polls show Americans value diversity and support differing family forms
-Ethnographic studies have revealed unusual family
forms that are nonetheless functional
-Historically, the US has not earned a good record of
assimilating minority groups
-Children are damaged by conflictual marriage, not by
divorce
Term
Theory of Paradox
Impatient Camp Policy Agenda
Definition
-Reforms that promote cultural diversity rather than conformity
-Believe policies should provide benefits irrespective of work, class, marital status, family structure, or income
-Universal programs are historically more
successful in the U.S.
Term
Overall Benefits of Theory of Paradox
Definition
-The paradox can be addressed by pushing in the ignored direction
-Can embrace multiple solutions
-Paradox can mobilize political action
 -Only if Professionals are willing to look beyond the
advocacy approach for one side
-Paradox overcomes polarization
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