Family Law Essay

1030 Words5 Pages
------------------------------------------------- Essay Plan – Morality and Ethics in Family Law To what extent does the law reflect moral and ethical standards of Australian society in relation to family members? ‘The law limps behind while society moves ahead’. To what extent is this statement true? Answer in relation to family law. Morality = concerned with the distinction between good and evil or right and wrong. Ethics = system of principles governing morality and acceptable conduct. In 1982 Justice Michael Kirby stated that “the law must change in relation to family arrangement if it is to be consistent in keeping with social norms” and in addition to this concept, s.128 of the constitution outlines that laws are always open to change as appropriately seen in this precinct of the law. The strong moral and ethical standards of family law are reflected through the multitude of legislation that has been reformed dramatically over the past 30 years. Morality and ethics within family are reflected strongly through particular reforms to such areas as the dissolution of marriage, alternative family arrangements and the ever growing awareness of domestic violence. The legal system has endeavoured to address these moral and ethical issues when societal standards and attitudes change. Dissolution of Marriage The law certainly reflects the changing ethical and moral standards of society. In Hyde v. Hyde and Woodmansee (1866) a marriage was defined as a “union between a man and a woman to the exclusion of all others, entered into for life.” Up until the latter half of the twentieth century, divorce was unacceptable and reflected the conservative morals of society. The Matrimonial Causes Act 1959 (Cth) was the key legislation governing marriage in Australia and used the 14 grounds of fault concept for divorce. As to not ‘fall behind the times’ the Whitlam
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