Abstract

DAICH, Deborah. From the law to social relationships: A story of a family conflict. Intersecciones antropol. [online]. 2006, n.7, pp.325-331. ISSN 1850-373X.

How the practice of law tries to solve family controversies reaching the courts is oriented by certain concepts of family and next-of-kin relationships that have an impact on the way these cases are treated. We must also recognize that what the law does not envisage it cannot manage. Thus, in this paper, we analyze the case of a man who through legal proceedings attempted to claim the right to see a girl with whom he has a father-child relation, although the bond is neither biological nor legal. The case could not even be brought before the courts, since his lawyer rejected it on the grounds that legal recognition of this bond was impossible. The reading that judicial officials can derive from this controversy would be based on legal concepts, but to truly understand it we must go beyond the law and develop a socio-genesis of the conflict, describing both the acts that defined it and the interdependencies linking the people involved. Legislation does not explain human behavior and, regardless of what courts may rule, there are frequently other standards at work that are more relevant in the context of human relations.

Keywords : Law; Justice; Family; Conflicts.

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