The Illusion of Equality: The Rhetoric and Reality of Divorce ReformUniversity of Chicago Press, 1991 - 252 σελίδες How do "no-fault," "gender-neutral" divorce reforms actually harm the lives of women and children they are designed to protect? Focusing on the language and symbols of reform, Martha Fineman argues that by advocating measures based on equality of treatment rather than of outcome, liberal feminists disregarded the socioeconomic factors that simultaneously place women at a disadvantage in the market and favor their taking on primary domestic responsibilities. She traces in persuasive detail the detrimental effects of equality rhetoric in shaping divorce law — such as the legal separation of parents' and children's interests; equality replacing need as the prime criterion for settlements; and the increase of state intervention into family life. More than a critique, this book is an incisive argument for adopting outcome-oriented measures and a valuable overview of the pitfalls of uncritically implementing any rhetoric as social policy. |
Περιεχόμενα
Introduction The Recasting of Family Law | 1 |
The Family as a Site of Rhetorical and Ideological Contest | 17 |
Equality Discourse and Economic Decisions Made at Divorce | 36 |
Embracing Equality A Case Study | 53 |
Child Custody Equality as the Aftermath of Economic Reforms | 79 |
The Individualization of the Family Child Advocacy | 95 |
The Use of the Social Sciences in Custody PolicyMaking | 109 |
Constructing the Social Science Foundation for an Ideological Solution | 127 |
The Resort to Alternative DecisionMakers | 144 |
Alternative Visions from Discarded Discourses | 173 |
Notes | 191 |
249 | |
Άλλες εκδόσεις - Προβολή όλων
The Illusion of Equality: The Rhetoric and Reality of Divorce Reform Martha Fineman Περιορισμένη προεπισκόπηση - 1994 |
Συχνά εμφανιζόμενοι όροι και φράσεις
adversarial adversary system alimony arguing assert assumptions attorneys best interest best-interest test changes chapter chil child advocacy Child Custody concept concern conflict considered context contribution court critical custody decision custody determinations Custody Disputes custody policy decision-making discourse discussion distribution divorce reform economic emotional equal division Equal Rights Amendment example fact factors family law family-law father-custody fathers Feminism feminist focus FUCHS gender neutrality gender-neutral groups helping professions homemakers horror stories husband ideal ideological individual involved issues joint custody judges lawyers legal advocate legal policymakers legislation marriage mediation mothers no-fault divorce nomic noncustodial norm notion partnership political postdivorce presumption primary caretaker problems profes professional property division relationship responsibility result rhetoric role rule-equality rules shared parenting significant sion social science data social workers society spouses studies substantive supra note symbolic tender-years tion tody traditional viewed vorce Wallerstein Warshak Wisconsin
Αναφορές για αυτό το βιβλίο
The Postdivorce Family: Children, Parenting, and Society Ross A. Thompson,Paul R. Amato Προβολή αποσπασμάτων - 1999 |
The Art and Science of Child Custody Evaluations Jonathan W. Gould,David A. Martindale Περιορισμένη προεπισκόπηση - 2007 |