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This chapter explores the notion of ‘family’ from a philosophical perspective. EU family law recognises that there is such a thing as the family and that it merits special legal protection. Yet, different societies define what counts as a family, and its members, in different ways. The changes in family forms over the last hundred years have also led some to argue that ‘the family’ no longer exists, and, moreover, that it is not special. These arguments are criticised. It is argued that there can be a single concept of ‘the family’ under which different instances fall. The chapter also argues that giving a special legal status to the family requires being able satisfactorily to define what it is and offers a defence of a ‘functional’ definition. It then considers ways in which the family - as defined - might be thought uniquely valuable, critically reviewing appeals to the goods it provides and emphasising the key public good of families in rearing children. The probable impossibility of unifying EU family law does not mean that it is inconsistent to argue that a single concept of family encompasses many different national forms and that the family, in its diversity, continues to merit a special legal status.
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