ABSTRACT

This chapter aims to the legal system's use of terminology, even subtle distinctions such as the one between 'marriage' and 'civil union', is a powerful strategic tool and should therefore be used with the utmost care and responsibility. It is important to remember law's power to shape and solidify the symbolic world through its ability to name and categorize, an ability which is often rather opaque, or at best taken for granted. The chapter focuses on the main social and political factors that contributed to this astounding about-face in the very traditional sphere of family law. It looks at theoretical underpinnings of these socio-legal developments and investigates the premise that, underneath what seems like an unequivocal victory for legal equality and freedom, there is a legal process not completely innocent from manipulation. The chapter argues that legal concepts are not neutral, natural or eternal but are in fact human-made cultural artefacts and they are, and always remain, open for re-invention.