Carbone J R
Santa Clara University School of Law.
Future Child. 1994 Spring;4(1):183-209.
Feminist perspectives on divorce proceed from the ways in which women's positions at divorce systematically differ from men's positions. Although there has been a large-scale increase in mothers' labor force participation, there has been no corresponding increase in fathers' domestic contributions, and women continue to bear the overwhelming responsibility for child rearing. In substantial part because of this division of labor within the family, divorcing women, on average, face bleaker financial prospects and enjoy closer emotional ties to their children than do their former husbands. Existing divorce law, with its emphasis on each party's self-sufficiency, limited provision for child support, and gender-neutral custody principles, does not fully recognize or address these differences. Feminists differ in the responses they propose to these issues. "Liberal feminists" believe that women's domestic responsibilities will inevitably place them at a disadvantage and favor policies that encourage men to assume a proportionate share of family responsibilities. "Cultural feminists," or "feminists of difference," believe that it is not the fact that women care for children but that child rearing is so undervalued which is the source of the problem. "Radical feminists" believe that it is impossible to know whether women's involvement in child rearing would differ from men's in a different society and focus on the ways in which marriage and work force policies perpetuate male dominance. All agree, however, that existing law contributes to the relative impoverishment of many women and children and that, even when the rules purport to be gender-neutral, they are administered in systematically biased ways.
女性主义对于离婚的观点源于女性在离婚时的处境与男性的处境存在系统性差异这一事实。尽管母亲参与劳动力市场的比例大幅上升,但父亲在家庭中的贡献却没有相应增加,女性仍然承担着育儿的绝大部分责任。很大程度上由于家庭内部的这种劳动分工,平均而言,离婚女性面临的经济前景比前夫更为黯淡,并且与子女的情感联系也更为紧密。现行离婚法强调双方的自给自足,对子女抚养的规定有限,且采用性别中立的监护原则,没有充分认识或解决这些差异。女性主义者对这些问题提出的应对措施各不相同。“自由女性主义者”认为,女性的家庭责任不可避免地会使她们处于不利地位,并支持鼓励男性承担相应家庭责任的政策。“文化女性主义者”或“差异女性主义者”认为,问题的根源不在于女性照顾孩子这一事实,而在于育儿被严重低估。“激进女性主义者”认为,在一个不同的社会中,无法知道女性参与育儿的情况是否会与男性不同,并关注婚姻和劳动力政策使男性主导地位延续的方式。然而,所有人都同意,现行法律导致许多妇女和儿童相对贫困,而且即使这些规则声称是性别中立的,它们在实施过程中也存在系统性的偏见。