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Intimacy Outside Of The Natural Family: The Limits Of Privacy, Martha Albertson Fineman Jan 1991

Intimacy Outside Of The Natural Family: The Limits Of Privacy, Martha Albertson Fineman

Faculty Articles

In this paper I undertake a very pragmatic and focused consideration of whether it is possible to rework existing legal concepts of privacy in a way that would be ideologically compatible with dominant social norms in order to shield single mothers from excessive state regulation and supervision. I ultimately conclude that my desire to protect the decisionmaking autonomy and the dignity of poor and/or single mothers cannot be satisfied by resort to this area of law. At the constitutional level, this is so because notions of privacy are typically articulated as rights belonging to individuals, not family entities. And …


Images Of Mothers In Poverty Discourses, Martha Albertson Fineman Jan 1991

Images Of Mothers In Poverty Discourses, Martha Albertson Fineman

Faculty Articles

This Essay focuses on the construction of the concept of "Mother" in poverty discourses. It addresses the role of patriarchical ideology in the process whereby a characteristic typical of a group of welfare recipients has been selected and identified as constituting the cause as well as the effect of poverty. I am particularly interested in those political and professional discourses in which single Mother status is defined as one of the primary predictors of poverty. This association of characteristic with cause has fostered suggestions that an appropriate and fundamental goal of any proposed poverty program should be the eradication of …