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To legislate filial piety: is the elderly rights law a panacea?
With the life expectancy being steadily increasing, caring for an ageing population presents a paramount challenge in China. The article explores the traditional value of filial piety which is perceived to underpin social norms and beliefs about caring for aged parents. Apart from state and social institutions, a particular regard is given to the reshaping of relationships between aged persons and their family members. Given filial piety being a core value in Chinese cultures, there is a societal interest in protecting a healthy relationship between parents and children in the twenty-first century. In terms of the relational dimensions of current theories, it remains unclear whether an individual rights-based approach would have traction in the Chinese context, or represents an unintended disseverance from the Chinese traditional core values. More critically, a new law requires adult children to visit their elderly parents regularly. With the ongoing attempts to theorize and reconceptualize elder law across jurisdictions, the research further examines emerging legal issues that have arisen in China, and seeks to ascertain the extent to which the law addresses the above inquiry.
History
Publication status
- Published
File Version
- Accepted version
Journal
Statute Law ReviewISSN
0144-3593Publisher
Oxford University PressExternal DOI
Issue
2Volume
42Page range
219-240Department affiliated with
- Law Publications
Full text available
- Yes
Peer reviewed?
- Yes
Legacy Posted Date
2020-01-02First Open Access (FOA) Date
2021-10-21First Compliant Deposit (FCD) Date
2020-01-02Usage metrics
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