The theory of this legislation is that the support of wife and
children is to be a legally enforceable duty, which may rightly be
laid upon the man because of his special interest and special ability.
Moreover, through the establishment of the juvenile court, the
community has undertaken, not only to say that support must be given,
but to set a standard of "proper parental care" below which family
groups are not to be allowed to sink and still remain independent and
intact. By creating the juvenile probation staff, an official
assistant parent is provided. In the same way, by authorizing
commitment of children to institutions, the dissolution of the home
that falls persistently to too low a standard is made possible.
The common law, as accepted in the various states, was not entirely
uniform, but it was substantially the universal family law; now the
states differ widely in the body of statutory enactments developed in
this field. All have some laws recognizing the claims of children to
have their home conditions scrutinized--though they may have no
express juvenile-court law, all recognize to some extent the separate
existence of the married women--though only twenty-one have given the
mother substantial rights as against the father over their children,
and they all recognize the parent's duty to secure the child's
attendance at school, and have imposed some limitation on the parent's
right to set his young child to work. In other words, in all the
states the idea of the separate existence of the wife and of the
interest of the community in the kind of care given the child has been
embodied in legislation.
These statutes have been enacted by legislatures composed largely, if
not exclusively, of men, and register the general change in the
community attitude toward the family group. An unlimited autocracy is
gradually becoming what might now be termed a constitutional
democracy. But the law of the jurisdictions from which most of the
immigrant groups come, undoubtedly represents a theory of family
relationship not widely different from that underlying the common law.
The South Italian group, in which the right of the father to
discipline wife and daughter is passed on to the son, may represent an
extreme survival of the patriarchal idea; but almost all the
foreign-born groups hold to the dominion of man over woman, and of
parents over children.
Public-domain text, read in full here on John Shaqi.
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