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Cardozo Law Review

Abstract

In The Neutered Mother, The Sexual Family and Other Twentieth Century Tragedies, Martha Fineman gives a powerful critique of the traditional family and proposes an innovative model for change. In the course of her critique, Fineman reveals a number of important truths. Primary among these truths are (1) that dependency begets dependency; (2) that equality rhetoric and practice are vacuous vehicles for justice in a world in which differing degrees of dependency beget different ability; (3) that the privacy and silence of dependency is crucial to patriarchy's construction of the family. Dependencies are created every time a baby is born, an adult grows old, or a person cries for help. When women answer these cries of dependency by taking care of those in need, women become dependent themselves. The legitimacy of a woman's dependent status, however, turns on a man's economic decision to sponsor her. The male family role, as constructed in a primarily wage-earning, industrial, and patriarchal economy, is to meet the financial needs created by caretaking. The woman's role in this political economy is to take care of dependents. The only potential compensation for those who caretake is the security (if it exists), lifestyle (if it can be achieved), and commitment (if it is forthcoming) that a man is willing to share. For women who love children, value relationships, and are trained-if not hardwired-to caretake, this world leaves much to be desired.

Keywords

Domestic Relations, Jurisprudence, Family Responsibility/Support Laws, Gender and the Law

Disciplines

Jurisprudence | Law | Law and Gender

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