Authors: Richard Collier
ISBN-13: 9780415091947, ISBN-10: 0415091942
Format: Hardcover
Publisher: Taylor & Francis, Inc.
Date Published: January 1995
Edition: (Non-applicable)
Masculinity, Law and Family examines the construction of masculinity in a variety of areas of law pertaining to the family. Throughout, Richard Collier integrates recent theoretical developments in legal studies with a social theory of gender, the family and the social construction of masculinity.
After an overview of theoretical positions and a critique of traditional legal theory, Richard Collier focuses on the legal regulation of homosexuality and transsexualism to show how confined is the view of masculine sexuality in legal discourse. These arguments are further elaborated in a discussion of non-consummation, adultery and divorce, as well as fatherhood and paternity.
Masculinity, Law and Family is of central importance to our understanding of the social and political dimension of masculinity. It will be invaluable to those interested in sociology, gender studies and the law.
Preface and acknowledgements | ||
1 | Introduction: on law and masculinity | 1 |
The sociology of masculinity: a context | 6 | |
Theorising law and masculinity | 29 | |
Towards a study of law and masculinity: concluding remarks | 43 | |
2 | Theorising masculinity and the family | 47 |
'Critical' family law | 48 | |
Defining the 'family' | 50 | |
Functionalism | 56 | |
The public/private dichotomy | 59 | |
Familialism: rethinking law, power and the family | 67 | |
Conclusions: on method, masculinity and law | 83 | |
3 | Law, sex and masculinity | 87 |
The legal construction of homosexuality | 90 | |
The homosexual personage and the emergence of (hetero) masculinity in law | 106 | |
Scientific 'fact' and the legal problem of transsexualism | 110 | |
Sex, gender and marriage | 118 | |
Conclusions: the sexual basis of hegemonic masculinity and marriage | 129 | |
4 | 'Love without fear': representations of male heterosexuality in law | 138 |
A context: sexuality and society | 141 | |
The legal construction of sexual intercourse | 144 | |
The social and legal construction of male sexuality | 168 | |
5 | The 'good father' in law: authority, work and the reconstruction of fatherhood | 175 |
Men's studies and 'new fathers': constructing a climate of change and crisis | 176 | |
Establishing paternity | 181 | |
Constructing fatherhood in law: from father right to father absence | 185 | |
'Doing what comes naturally': constructing breadwinner masculinity | 195 | |
Constructing the family man: the modernising of paternal masculinity | 201 | |
6 | 'Family men' and 'dangerous' masculinities | 215 |
The 'family' man and 'respectable' masculinity | 215 | |
Dangerous men, dangerous masculinities:รค | 220 | |
'Sacrificial men' and 'errant fathers' | 223 | |
The family man as 'other': case studies | 233 | |
7 | Changing masculinities, changing law: concluding remarks | 252 |
Beyond the family: masculine authority and legal discourse | 252 | |
(Re)constructing the family man | 257 | |
Marriage, law and male sexuality | 264 | |
Masculinity, feminism and 'critical' family law: some concluding remarks | 267 | |
Notes | 278 | |
Bibliography | 286 | |
Index | 325 |