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Sumary
The scarce theorization about the “family” in contemporary political and justice theories has led
to construct the family as an apolitical entity, notwithstanding its inherently political
character. Because of this clash between the political nature of the “family” and the treatment
families have received in political thought, the State, in order to attend the political demands of
the families, has been obliged to enact a great number of legal norms regarding the “family”. This
proliferation of legal norms regarding the “family” has led to its juridification, which in turn
has produced stagnation in the recognition and the social acceptance of the “family” as a plural
entity as well as in the procurement of a just society. This article argues, by examining the
Puerto Rican experience, that the juridification of the “family” has lessened the sense of agency
and accountability of the citizens as they recognize themselves as subjects of the Law and not as
actors. This approach citizens have towards the Law dissociates Law from Society; ignoring that the
Law is symbolic space in which social relations are mediated. This socio-political process has
allowed for the perpetuation and institutionalization of inequalities towards the families. |
