Indivdual Interests in the Domestic Relations

Authors

Roscoe Pound, Harvard Law School

Abstract

It is important to distinguish the individual interests in domestic relations from the social interest in the family and marriage as social institutions. This social interest must play an important part in determining what individual interests in such relations are to be secured, how far they are to be secured and how they are to be secured. Yet its chief significance is not in connection with securing interests in the domestic relations against the rest of the world but rather in connection with the conflicting interests of the parties to such relations among themselves, the curtailments of normal legal capacity or even of normal legal rights which the maintenance of these relations as social institutions may involve or may render expedient, and the recognition in whole or in part of the family as an economic entity whose interests of substance may require securing even at the expense of the individual interests of substance of particular members.

Recommended Citation

Roscoe Pound, Indivdual Interests in the Domestic Relations, 14 Mich. L. Rev. 177 (1916).
Available at: https://repository.law.umich.edu/mlr/vol14/iss3/1