The Position and Necessity of Ethical Centrality in Legislating the Laws and Regulations Related to Family

The present study intends to provide answer for the question that whether legislators are able to enter ethics to the realm of law and establish ethical teachings in a law framework when legislating the laws and regulations related to families. Answering this question depends on illustrating the ethics-centered necessity in the field of family based on specific features of family and also clarifying the concepts of ethics and rights as well as the distinctions between both of them. As a result of specific features of families such as having family privacy and being emotional, the legal guarantees of this field lack the desired function and protecting the foundation of the family depends on moral-based behavior of the members. On the other hand, according to the fact that one of the characteristics of legal regulations is legal sanction, legislator cannot directly approve ethical teachings in a legal framework. Therefore, the legislator has adopted prediction of the judgment institution and development of supplementary rules as two major strategies to include ethics in the legal structure of family.