_Maternal Authority._--In the matter of love for the offspring the
mother, for physiological reasons (pregnancy, parturition, and
lactation), stands on a higher plane than the father. The intensity
of her love for her children explains the fact that the mother
neither needs nor exercises much parental authority. Moreover,
inasmuch as hitherto the mother has always been in a state of greater
or less subjection to the father, parental authority has at all
times chiefly taken the form of paternal authority. But as time goes
on, this paternal authority is, in fact, tending to be transformed
very gradually into a true parental authority; that is to say, the
mother begins to exercise the rights and to perform the duties of
parental authority in a manner parallel with or subsidiary to that
of the father. To-day we stand at the beginning of this development.
Its chief cause is the profound transformation of economic life,
as a result of which women are to an ever greater extent entering
the arena as wage-earners, whilst the differences between the legal
position of men and women continually diminish.
_Fiduciary Character of Parental Authority._--Formerly, parental
authority took the form mainly of a right of dominion over
the child, subserving chiefly the interests of the head of the
family--the patriarch. The more complete the social integration
of any particular country, the more in that country does paternal
authority assume a fiduciary character, the character of a protective
authority, arising out of the child’s natural need for protection,
and subserving its need for guardianship. Owing to their possession
of parental authority, it is the duty and the right of the parents
to exercise the guardianship over their children in every capacity;
as the legal representatives of those of their children who are
still under age, the parents are competent to act on behalf of and
in the name of their children. Thus the second characteristic of the
developmental tendency of parental authority is, that that authority
involves the acceptance of an ever-increasing number of duties,
and also that the State, through the intermediation of Boards of
Guardianship[2] exercises a control over the parents which was almost
unknown in former times.
Public-domain text, read in full here on John Shaqi.
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