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Series

Columbia Law School

1992

Family Law

Articles 1 - 2 of 2

Full-Text Articles in Law

M Is For The Many Things, Carol Sanger Jan 1992

M Is For The Many Things, Carol Sanger

Faculty Scholarship

My basic argument is this: Motherhood is a central but confusing icon within our social structure. It is at once domination and dominated, much as mothers are both revered and regulated. The reverence and regulation are not so much in conflict as in league. The rules remind women of how to behave in order to stay revered. This reverence is something more than a fan club for mothers. It matters in such practical and concrete ways as keeping one's children, having credibility in court, getting promoted at work, and so on.


Pluralism, Paternal Preference, And Child Custody, Elizabeth S. Scott Jan 1992

Pluralism, Paternal Preference, And Child Custody, Elizabeth S. Scott

Faculty Scholarship

Modern child custody law faces an important challenge in responding to pluralistic and evolving gender and parenting roles. Professor Scott finds rules favoring maternal custody, joint custody, and the best interests of the child wanting; she argues that the optimal response to the current pluralism in family structure is a rule that seeks to replicate past parental roles. This "approximation" standard promotes continuity and stability for children. It encourages cooperative rather than conflictual resolution of custody, thereby ameliorating the destructive effects of bargaining at divorce. It also recognizes and reinforces role change in individual families, encouraging both parents to invest ...