Family Functions and Family Law

Project period: 2024-2030

Among the dominant themes of family sociology is the inquiry regarding the social functions of the family. In contrast to biological functions, this refers to the functions that families have for and within society. Three main functions are often distinguished: economic functions (family as a guarantee of material security), socializing functions (family as a place of education and care), and political or locational functions (social placement through family). In the framework of three sub-projects (financing, care, status), we want to investigate how family law reflects these social functions of family practice in the contemporary world.

Our guiding questions are: Which family law concepts (guiding principles, duties, entitlements, sanctions, notions of remuneration, status consequences, etc.) reflect the various social functions of the family? Have legal rules that were originally explained and legitimized with reference to a certain social function of the family changed, and, if so, in which direction? Have legal rules become functionless (“dead”) or dysfunctional? With regard to which functions do we see migratory movement or shifts in emphasis between family law, labour law, tax law and social law?