Abstract

http://ssrn.com/abstract=2132219
 


 



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


Martha Albertson Fineman


Emory University School of Law

Anne Opie


affiliation not provided to SSRN

1987

Emory Public Law Research Paper
Wisconsin Law Review, 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.

Number of Pages in PDF File: 52

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

Accepted Paper Series


Download This Paper

Date posted: August 20, 2012  

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: http://ssrn.com/abstract=2132219

Contact Information

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 )
Feedback to SSRN


Paper statistics
Abstract Views: 162
Downloads: 20

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.344 seconds