ABSTRACT
This chapter analyses why a suitably elaborated Hegelian approach to the concept of law has the potential to supply a much needed theoretical framework within which to resolve complex issues surrounding the role of law in its relationship to the family. Contract-based theories promote individual freedoms but neglect social values and concerns about inequality and dignity; community-based theories articulate shared values but risk constraining individual freedoms and social pluralism while prompting greater social conflict. The chapter demonstrates that the interplay between these two aspects of the loving identity has not just been overlooked by current contractarian, communitarian and rights based approaches. It shows how Hegelian approach, which has a similar focus on relational rights and responsibilities, supplies a more adequate theoretical grounding for such rights and responsibilities. On the basis of Hegelian understanding of the rational principle underlying the legal recognition of family relationships. The chapter discusses the forms of sexual relationship that fall within the scope of legal recognition.
