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4 Soc. & Legal Stud. 5 (1995)

handle is hein.journals/solestu4 and id is 1 raw text is: 








    'WAITING TILL FATHER GETS

                    HOME': THE

            RECONSTRUCTION OF

   FATHERHOOD IN FAMILY LAW

                       RICHARD COLLIER
                    University of Newcastle- Upon-Tyne






                           INTRODUCTION
HIS ARTICLE is about how the law has constructed fatherhood. It starts
      from a belief that in order to understand how ideas of 'absent', 'good' and
      errant' fathers have been reproduced in recent debates around family law
reform, we need first to address the problematic concept of 'fatherhood' in law
itself. In England and Wales contested ideas of paternal masculinities, and the
question of whether families do indeed 'need fathers', has been central to
government rhetoric around 'back to basics' and 'family values' in the early
1990s. Running through a succession of ministerial comments about single
mothers,' and in the linking of family breakdown, absent fatherhood and rising
crime as major 'social problems of the day',2 has been one recurring issue: what
are fathers for? In debates around reproductive technologies facilitating
'motherhood without men' through to the high-profile campaigns of fathers and
second families against the Child Support Act 1991' one idea, spanning the
political spectrum,4 has been central: the feeling that the problem with families is
really a problem with men. At the heart of these debates, though it is seldom
addressed as such, is the question of what being a 'father' actually involves.
  In this article I shall argue that fatherhood has, from the late nineteenth
century to the present day, been reconstructed in law and that in this process it


SOCIAL & LEGAL STUDIES (SAGE, London, Thousand Oaks, CA and New Delhi),
Vol. 4 (1995), 5-30

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