The Uses of Social Science Data in Legal Policymaking: Custody Determinations at Divorce

52 Pages Posted: 20 Aug 2012

See all articles by Martha Albertson Fineman

Martha Albertson Fineman

Emory University School of Law

Anne Opie

affiliation not provided to SSRN

Date Written: 1987

Abstract

In this article, Professor Fineman and Ms. Opie discuss the contemporary debate concerning child custody policy, and critique the ways in which social science data are being used in the legislation of new rules in this area. Their analysis of various factors that have coalesced in this process includes a history of child custody rules, a discussion of recent challenges to the mother custody norm and an examination of the new father custody studies. A recent piece of legal scholarship is also reviewed to illustrate the many problems associated with the formation of the contours of this debate.

Drawing upon concepts from critical, phenomenological, linguistic and feminist theories, the authors argue that current psychological, sociological, and legal research in this area focuses on fatherhood while devaluing motherhood and the nurturing ideal. They suggest that incorporating such perspectives into legislative policy will further disadvantage mothers within the context of child custody decision-making.

Keywords: child, custody, dependence, social science, father, feminism, divorce, equality, gender, gender neutrality

Suggested Citation

Fineman, Martha Albertson and Opie, Anne, The Uses of Social Science Data in Legal Policymaking: Custody Determinations at Divorce (1987). Emory Public Law Research Paper , Wisconsin Law Review, 1987, Available at SSRN: https://ssrn.com/abstract=2132219

Martha Albertson Fineman (Contact Author)

Emory University School of Law ( email )

1301 Clifton Road
Atlanta, GA 30322
United States
404-712-2421 (Phone)

Anne Opie

affiliation not provided to SSRN ( email )

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