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Association: Name: The Law and Society Association URL: http://www.lawandsociety.org
Citation: URL: http://citation.allacademic.com/meta/p185287_index.html Direct Link: HTML Code:

Leighton, Kimberly. "Law's Unnatural Progeny" Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany, Jul 25, 2007 <Not Available>. 2013-05-08 <http://citation.allacademic.com/meta/p185287_index.html>

Leighton, K. J. , 2007-07-25 "Law's Unnatural Progeny" Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany <Not Available>. 2013-05-08 from http://citation.allacademic.com/meta/p185287_index.html

Publication Type: Conference Paper/Unpublished Manuscript Abstract: While questions of lineage and paternity have been the frequent fare of historical and literary dramas, new bio-genetic technologies have shifted the epistemological uncertainties of the family, replacing the question of “Who is family?” with “What is family?” Recent legal cases abound evidencing how the nature of relatedness is not only not obvious, but seems to require the supplement of law as the legislator of kinship. As recent debates in the U.S. surrounding gay marriage and adoption have suggested, love might be an important ingredient, but it’s law that makes a family. This paper considers how the reduction of family to a legal construct, rather than an unwelcome intervention into private life, might contribute to a project of de-naturing reproduction, which could, in turn, limit the moral authority attributed to nature in discussions of what is or should be a family. Although law thus replaces nature in the role of moral arbiter—basing its decisions not on what nature is, per se, but on what is ‘natural’—I suggest that an ‘unnaturalness’ haunts such cases in a way that renders law’s own moral authority productively uncertain. I analyze the philosophical tensions engendered by this uncertainty through an examination of two issues (and two relevant cases) where the nature and naturalness of family is at stake: cases of wrongful adoption and uses of genetic testing to produce children with predispositions for disabilities (such as deafness and dwarfism).

The Coercive Power of Unnatural Disasters

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