ABSTRACT
Family law is principally about the relation of state and society. Critical family law is an integral part of a struggle to create a more socially just society. This chapter explores the character of modern English family law and, in doing so, briefly at theories which attempt to explain it. To ask questions about the functions of family law is to uncover a hornet's nest. One of the clearest expositions of the "functions" of family law in "modern states" is found in John Eekelaar's impressive monograph, Family Law and Social Policy. The chapter focuses on the protective function of family law. The problematic nature of protection can also be illustrated by looking at laws which purport to protect women. The chapter illustrates this by an historical example and a contemporary case, both drawn from labour law.
