Famous Greek Philosopher Aristotle opines that Man is a social animal. He never lives alone. He begins his day as a member of a group i.e., family. Family is one of the most important social institutions. It is the most pervasive and universal social institution and is the simplest and most elementary group found in a society. It is the most enduring group, which has tremendous influence on the life of an individual, from birth until death. It also accounts for the most enduring social relationship found in society. No known society ancient or modern is free from family system. Members of family usually share common residence, at least for some part of their lives. There is the relational aspect among the members. Members have reciprocal rights and duties towards each other. Before learning Family Laws, let us understand the concept of family.
Concept of Family:
The definitions of family are as diverse as families themselves and the situations they are found in. The definitions can be categorized in two ways:
- structural definitions that specify who’s in the family and who’s out according to certain characteristics of family members.
- functional definitions that specify the functions family members perform.
Structural Definitions:
Structural definitions of the family characteristically define the characteristics of family members such as those who share a place of residence, or who are related through blood ties or legal contracts.
- K. Davis defines, family as a group of persons whose relations to one another are based upon consanguinity and who are, therefore, kin to one another. consanguinity means being descended from the same ancestor.
- Mack and Young define it as the basic primary group and the natural matrix of personality.
- Clare defines it as a system of relationships existing between parents and children.
- Nimkoff defines it as a more or less durable association of husband and wife with or without children, or a man and a woman alone with children.
- Burgess and Locke define it as a group of persons united by the ties of marriage, blood or adoption; consisting a single household, interacting and intercommunicating with each other in their social roles of husband and wife, mother and father, son and daughter, brother and sister creating a common culture.
- Eliott & Merril defines it as the biological social unit composed of husband, wife, and children.
- Bureau of Census (U.S.A.) defines it as a social unit of two or more persons related by blood, marriage, or adoption and having a shared commitment to the mutual relationship.
Functional Definitions:
Functional definitions move away from blood relationships or a legal definition and focus instead on the functions families perform. According to the most functional definitions, a family is any unit in which there exists:
- Sharing of resources and economic property
- A caring and supportive relationship
- Commitment to or identification with other family members
- Preparation of children born to or raised by the members to become adult members of the society
Maclver and Page define it as a group defined by a sex relationship, sufficiently precise and enduring to provide for the procreation and upbringing of children.
Legal Definition of Family:
However, the fact that there is no explicit definition of the family in the law does not mean that courts and other legal policymakers do not base decisions on a particular view of what is a family. A reference to “family” is usually to a traditional model of a mother and father, married to each other and their biological or legally adopted children. The lack of a definition of the family in the law stems partly from the fact that the family has no legal status separate from its members. The role of the law is usually one of defining and enforcing rights and obligations of the individuals who are members of the family husbands and wives, domestic partners, parents and children. This is why the field of law, now called family law, was historically described as the law of domestic relations; it deals with the relations of individuals in a certain type of relationship, known as the family. The substance of family law is not the rights of the family, but of its members.
In Dyson Holdings Ltd. v. Fox., CA 1976 case, Lord Alfred Denning declared that the term “family” is not fixed once and for all.
In Helby v. Rafferty, [1979] 1 W.L.R. 13 case, the Court at first decided to refuse to recognize a man who had lived with a woman tenant for five years before her death as part of the same family. In the court’s opinion, the fact that they had deliberately opted to retain their formal independence, means that they had not been recognized as being married. However, in the same court’s judgment, it was decided that a woman who has had a permanent relationship with a man for a certain period of time, but has not been married to him, may, nonetheless, have acquired the status of a member of that man’s family.
In Fitzpatrick v. Sterling Housing Association Ltd., HL 28 Oct 1999 case, where dispute arose over statutory tenancy rights, judges who were resolving the dispute had to answer the question what the word “family” means in the British legal system? The Court observed that the hallmarks of the family relationship were essentially that there should be a degree of mutual inter- dependence, of the sharing of lives, of caring and love, of commitment and support.
Significance of Family:
Families carry out a variety of functions critically important to society. They share resources, economically support their members, and care for the elderly, the sick, and the disabled in ways that no other institution can do or do as well. Furthermore, families are fundamental to a free economy and a democratic society, guarding against a concentration of power, resources, and loyalties. Significance or the importance of family can be summarized as follows:
- Family provides an individual with an identity.
- It is through the family that every family-name is carried on from one generation to another.
- It provides an individual with a home, and establishes enduring social relationships.
- It is responsible for the production and upbringing of children.
- It is an important agent of socialization. The primary socialization of any individual takes place within the family. The immediate family members teach all the basic rules and norms of social life to a child.
- It is a unit through which procreation takes place. Marriage sanctions sexual relationships, and it also establishes a family, which is further reinforced with the birth of children.
- The process of reproduction is institutionalized, regulated and controlled in a family. The family legitimizes the act of reproduction.
- Family helps in propagation of human species and perpetuation of human race.
- It is the primary source of learning. Family is the earliest social environment which surrounds trains and educates the child and provides early education.
- It helps us in the improvement of communication. When we stay connected with our families, we learn to connect better with the world.
- it teaches us patience to deal better with the world.
- It teaches the values of love, respect, faith, hope, caring, cultures, ethics, traditions, etc.
- It helps in keeping traditions alive. Many families keep on traditions by sharing stories from the past over the years. This allows family members to reconnect with family relatives who are no longer alive.
- It is a great source of strength, emotional and psychological, for its members. All the members are aware that they can depend upon their family in the times of need.
Conclusion:
Taking all into account the concept of family can be summarized as follows. It can be stated that the word “family” in the past meant a legal relationship created by blood, legal ceremony or legal adoption. Through the society changes, the definition has also changed and the meaning of a family has broadened. It should be clearly marked that a family must be perceived as having a special bond which connects particular people, and this bond can be either law- or blood- related. Family plays a great role in our lives and make us better human beings. A person’s character and personality are shaped by his or her family.
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