The family is one of the most common and oldest human social institutions. It is believed to originate from the child's need for care and the mother's ability to nurse. Family in Western society derived from ancient traditions, such as the Hebrews of the Middle East, where the father was considered the most powerful member. In the United States, family normally refers to a group of kin-related ind…
In Western society, the family has historically served as the key means for passing ownership of land and other wealth down through generations. During the Middle Ages of Europe, inheritance was of primary importance in families, given the uncertainties of life. Formal rules of inheritance provided for family continuity. The rise of feudal lords increased regulation of marriage, such as determinin…
Marriage resides at the intersection of public and private life. Though the home is protected by rights to privacy, marriage is a public legal institution filled with privileges and obligations integrated into the community at large. Vows are declared publicly and the community becomes a stakeholder in the relationship. Consequently, states consider marriage a contractual relationship subject to s…
When couples have children, those children become stakeholders in the marriage. By the mid-twentieth century, most states assigned both parents equal responsibility for the support and care of their children. When a parent fails to provide adequate food, clothing, medical care, education, supervision, or general guidance, the parent may be found guilty of neglect and local welfare departments can …
Historically, common law regarded a married couple as a legal entity with the husband as the head of the household. He controlled all marital property, including property brought into marriage by the wife. If the wife outlived the husband, she could recapture her rights over the property she brought into the marriage. During the 1970s, the United States Supreme Court struck down many gender-based …
Under common law, the husband had a duty to support his wife, while the wife had a duty to perform household chores and other services for the husband. Generally, courts, as in McGuire v. McGuire (1953), were unwilling to set a specific standard of support to be provided by the husband while the family remained intact. Family living standards were considered a matter of concern for the family, and…
Criminal law involving family issues includes spousal rape, assault, and child abuse and molestation. Most states prohibit prosecution of a husband for the rape of his wife while still living together, although this prohibition is increasingly being challenged. This prohibition stems from the common law concept that once a woman married, she granted consent to intercourse with her husband that can…
As divorce rates and the incidence of illegitimate children escalated, a strong call was made in the 1990s for family law reform. The Clinton administration pushed through the Family and Medical Leave Act of 1993 to encourage greater responsiveness of family members to family needs. The Violence Against Women Act, passed the following year, addressed domestic violence. As the twentieth century cam…
Please include a link to this page if you have found this material useful for research or writing a related article. Content on this website is from high-quality, licensed material originally published in print form. You can always be sure you're reading unbiased, factual, and accurate information.
Highlight the text below, right-click, and select “copy”. Paste the link into your website, email, or any other HTML document.
User Comments