The Autonomy Myth

Cornell Legal scholar argues agains pr-family legislation - indeed, against the very concept of the tradional family - and gives the lie to the idea that anyone in America is actually 'self-suffient. She insists that the sexually affiliated couple is no longer an appropriate building block for contemporary families and that society should be organised around 'caretaking relationships,2 particularly those involving children or elderly parents.

Martha Albertson Fineman, is a Robert W. Woodruff Professor of Law at Emory University

Acknowledgments

ix

Preface

xi

Introduction

xiii

PART ONE FOUNDATIONAL MYTHS: AUTONOMY, DEPENDENCY, AND SOCIAL DEBT

1

(54)

A Dystopian Fantasy

3

(52)

Chapter One Exploring Foundational Myths

7

(24)

I. Introduction

8

(9)

II. The Relationship Between the "Rule of Law" and Foundational Myths

17

(8)

III. Equality or Autonomy-Shifting Foundations

25

(6)

Chapter Two Dependency and Social Debt: Cracking the Foundational Myths

31

(26)

I. Introduction

31

(2)

II. The Rhetoric of Dependence and Independence

33

(7)

III. Dependency and Choice

40

(4)

IV The Dependency Deficit-A Society in Default

44

(5)

V. The Rhetoric of Subsidy and Self-Sufficiency

49

(4)

VI. Conclusion

53

(2)

PART TWO INSTITUTIONALIZING AUTONOMY

55

(88)

Existing Societal Arrangements

57

(86)

Chapter Three The Family in the Rhetoric of Civil Society Privileging Marriage

71

(24)

I. Introduction

71

(5)

II. Defining the Problem The Civil Societarian Perspective

76

(3)

III. Family Function and Family Form Collapsing the Distinction

79

(2)

IV. Regulating the Family-Moral Justification and Beyond

81

(7)

V Poverty and Well-Being

88

(7)

Chapter Four Why Marriage?

95

(26)

I. Introduction

95

(2)

II. The Many Meanings of Marriage

97

(11)

III. The Law of Marriage

108

(2)

IV Defining the Family

110

(5)

V Marriage in Context

115

(4)

VI. Conclusion

119

(2)

Chapter Five The Future of Marriage

121

(24)

I. Introduction

121

(3)

II. "Man and Wife" From Protected to Partnered

124

(6)

III. Backlash

130

(3)

IV Rethinking the Relationship of State to Marriage A Thought Experiment

133

(5)

V Outside of Contract

138

(2)

VI. Conclusion

140

(3)

PART THREE FEMINIST CRITIQUES OF THE FAMILY

143

(62)

Equality and Family

145

(60)

Chapter Six Feminism and the Family: Implementing Equality, Achieving Autonomy

156

(26)

I. Introduction

156

(10)

II. The Wake of Feminist Family Law Reform

166

(9)

III. The Future of Family Reform

175

(5)

IV. Conclusion

180

(2)

Chapter Seven Mothering in a Gender-Neutral World

182

(36)

I. Introduction

182

(6)

II. Valuing Care

188

(7)

III. Fatherhood

195

(7)

IV Conclusion

202

(3)

PART FOUR THE AUTONOMOUS INDIVIDUAL AND THE AUTONOMOUS FAMILY WITHIN THE SOCIAL CONTRACT

205

(87)

Chapter Eight Recasting the Social Contract

218

(23)

I. The Metaphoric Social Contract: Ordering the Public, Defining the Private

218

(10)

II. The Social Contract The (Mis)use of the Private Family

228

(8)

III. Taking Change into Account: Rethinking the Social Contract

236

(1)

IV. Social Contract in Action

237

(2)

V. Conclusion

239

(2)

Chapter Nine The Tentative Workplace

241

(22)

I. Introduction

241

(3)

II. The Tenuous Workplace

244

(5)

III. Work and Social Goods

249

(3)

IV Unions, Equity, and Market Distribution of Social Goods

252

(3)

V Wealth and Entitlement

255

(4)

VI. Right to Work/Equality of Opportunity

259

(4)

Chapter Ten The Tenable State

263

(29)

I. Structuring State and Society

263

(1)

II. Ideology and Politics

264

(5)

III. Posing the Philosophy for an Active State

269

(6)

IV. The Politics of Substantive Equality

275

(3)

V. Historical Roots for a More Substantive Equality

278

(2)

VI. International Norms

280

(4)

VII. Forging a More Just Social Contract

284

(8)

Postscript What Place for Family Privacy?

292

(17)

I. Privacies

295

(4)

II. Limitations of Privacy

299

(1)

III. Revisioning Privacy

300

(2)

IV. Autonomy for Family Functioning

302

(5)

V. Conclusion

307

(2)

Notes

309

(62)

Index

371

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