Author ORCID Identifier
0000-0002-8319-9080
Document Type
Article
Publication Date
1995
Keywords
Dependency, Family, Poverty, Marriage, Social institutions, Single motherhood
Abstract
In this Article, I want to explore the schizophrenic nature of the interaction between social ideals and empirical observations concerning dependency. I am particularly interested in the family as a social and political construct that facilitates this interaction. Specifically, I argue that continued adherence to an unrealistic and unrepresentative set of assumptions about the family affects the way we perceive and attempt to solve persistent problems of poverty and social welfare. In the normative conclusions that are generated and reiterated in political and popular discussions about family, we assess the "justice" of particular policies addressing societal problems with reference to concepts such as the individual and dependency.
Images of the traditional family pervade contemporary political and legal discourse. Rhetoric about this family's form and function ignores or obscures the nature and extent of individual dependency. It also masks the costs of necessary caretaking of dependents, costs that are disproportionately assumed by women. Dependency should be understood to be both inevitable and universal. My argument that in a just society there must be a fundamental obligation for the community to provide for its weaker members is built upon this proposition. Of necessity, fulfilling that collective obligation in a society that has historically appropriated, rather than economically rewarded, caretaking labor will have some redistributive (or market correcting) consequences when those who currently care for dependents at substantial cost to themselves are finally compensated.
First Page
2181
Publication Title
Virginia Law Review
Recommended Citation
Martha L. A. Fineman, Masking Dependency: The Political Role of Family Rhetoric, 81 Va. L. Rev. 2181 (1995).
Previous Versions
Included in
Family Law Commons, Family, Life Course, and Society Commons, Inequality and Stratification Commons
Comments
Material used is owned by the Virginia Law Review Association and is used by permission of the Virginia Law Review Association.