Zvi H. Triger

Introducing the Political Family: A New Road Map for Critical Family Law

All families are political, each in its own way. Nevertheless, the diversity of family politics has not negated, by and large, patriarchal influence on the Political Family. This Article introduces the Political Family as a key concept in a scholarly and activist movement in family law studies which I identify as Critical Family Law. In Part I a reminder is offered that “alternative families” have existed since the dawn of history. However, I argue that despite constant changes in the configuration of the family, for the most part all family forms have adhered to patriarchy. Part II offers a brief overview of some of the central themes in contemporary critical study of family law. I show how dichotomies such as private/public and intervention/autonomy have lain at the basis of the definition of the family since antiquity, constantly shifting the very meaning of the family across time, cultures and legal traditions, but rarely challenging its patriarchal ideology. Such challenges necessitate a critical look at the language of rights and obligations within the family, in acknowledgment that this very discourse is already saturated with ideology and biased preconceptions. Under the umbrella of “Critical Family Law,” I explore the potential for promoting such a shift, discussing articles in this issue. In memory of Paula Ettelbrick, 1955-2011

The Human Conditioning: International Law and Science-Fiction

This article introduces the subject-matter of a symposium on international law and science-fiction. The impact of new technologies on human rights, humanitarian issues and indeed on what it means to be human in a technological age, suffers from a paucity of international legal attention. The latter has been attributed to various factors ranging from technophobia and technological illiteracy, inclusive of an instrumentalist view of technology, to the sense that such attention is the domain of science-fiction, not of international law. The article extends an invitation to pay attention to the attention science-fiction has given to the man-machine interaction and its impact on the human condition. Placing this invitation in the context of the ‘‘law and literature’’ movement, the article exemplifies its value with respect to two technologies, one directed at creating life or saving it (cloning and organ donation) and the other at ending life (lethal autonomous robots).