Nancy E. Dowd

Among the many important tools feminist legal theorists have given scholars is that of anti-essentialism: all women are not created equal, and privilege varies greatly by circumstances,particularly that of race and class. Yet at the same time, feminist legal theory tends to view men through an essentialist lens, in which men are created equal. The study of masculinities, inspired by feminist theory to explore the construction of manhood and masculinity, questions the real circumstances of men, not in order to deny men’s privilege but to explore in particular how privilege is constructed, and what price is paid for it. In this groundbreaking work, feminist legal theorist Nancy E. Dowd exhorts readers to apply the anti-essentialist model—so dominant in feminist jurisprudence—to the study of masculinities. She demonstrates how men’s treatment by the law and society in general varies by race, economic position, sexuality, and other factors. She applies these insights to both boys and men, examining how masculinities analysis exposes both privilege and subordination. She examines men’s experienceof fatherhood and sexual abuse, and boys’ experience in the contexts of education and juvenile justice. Ultimately, Dowd calls for a more inclusive feminist theory, which, by acknowledging the study of masculinities, can broaden our understanding of privilege and subordination.

Male Subordination and Privilege

The Man Question

Most fathers parent less than most mothers. Those fathers who do parent equally or more so than mothers are poorly supported by our society. For children this means a loss of adult care, as well as an ongoing and sharply defined differentiation between fathers and mothers. Fathers are not present in children's lives to a significant degree, if at all, or when they are present, they are often rendered socially invisible. For many men, their parenthood is defined as biological or economic, while a minority of men struggle against the presumption that they are not caregivers. In Redefining Fatherhood, Nancy Dowd argues that this skewed social pattern is mirrored and supported by law. Dowd makes the case for reenvisioning fatherhood away from genes and dollars, and toward nurture. Integrating economic, social and legal aspects of fathering, she makes the case for focusing on social, nurturing behavior as the core meaning of fatherhood. In this nuanced and complex analysis, she explores the barriers to redefinition, including concepts of masculinity, the interconnections between fathers and mothers, male violence and homophobia. Redefining Fatherhood offers a progressive view on how men, and society at large, can change understandings and practices of fatherhood.

Redefining Fatherhood

A New Juvenile Justice System aims at nothing less than a complete reform of the existing system: not minor change or even significant overhaul, but the replacement of the existing system with a different vision. The authors in this volume—academics, activists, researchers, and those who serve in the existing system—all respond in this collection to the question of what the system should be. Uniformly, they agree that an ideal system should be centered around the principle of child well-being and the goal of helping kids to achieve productive lives as citizens and members of their communities. Rather than the existing system, with its punitive, destructive, undermining effect and uneven application by race and gender, these authors envision a system responsive to the needs of youth as well as to the community’s legitimate need for public safety. How, they ask, can the ideals of equality, freedom, liberty, and self-determination transform the system? How can we improve the odds that children who have been labeled as “delinquent” can make successful transitions to adulthood? And how can we create a system that relies on proven, family-focused interventions and creates opportunities for positive youth development? Drawing upon interdisciplinary work as well as on-the-ground programs and experience, the authors sketch out the broad parameters of such a system. Providing the principles, goals, and concrete means to achieve them, this volume imagines using our resources wisely and well to invest in all children and their potential to contribute and thrive in our society.

Total Reform for a Broken System

A New Juvenile Justice System

A comprehensive examination of developmental inequality among children Developmental equality–whether every child has an equal opportunity to reach their fullest potential–is essential for children’s future growth and access to opportunity. In the United States, however, children of color are disproportionately affected by poverty, poor educational outcomes, and structural discrimination, limiting their potential. In Reimagining Equality, Nancy E. Dowd sets out to examine the roots of these inequalities by tracing the life course of black boys from birth to age 18 in an effort to create an affirmative system of rights and support for all children. Drawing on interdisciplinary research, the book demonstrates that black boys encounter challenges and barriers that funnel them toward failure rather than developmental success. Their example exposes a broader reality of hierarchies among children, linked to government policies, practices, structures, and institutions. Dowd argues for a new legal model of developmental equality, grounded in the real challenges that children face on the basis of race, gender, and class. Concluding with a “New Deal” for all children, Reimagining Equality provides a comprehensive set of policies that enables our political and legal systems to dismantle what harms and discriminates children, and maximize their development.

A New Deal for Children of Color

Reimagining Equality

Single-parent families succeed. Within these families children thrive, develop, and grow, just as they do in a variety of family structures. Tragically, they must do so in the face of powerful legal and social stigma that works to undermine them. As Nancy E. Dowd argues in this bold and original book, the justifications for stigmatizing single-parent families are founded largely on myths, myths used to rationalize harshly punitive social policies. Children, in increasing numbers, bear the brunt of those policies. In this generation, more than two-thirds of all children will spend some time in a single-parent family before reaching age 18. The damage done in the name of justified stigma, therefore, harms a great many children. Dowd details the primary justifications for stigmatizing single-parent families, marshalling an impressive array of resources about single parents that portray a very different picture of these families. She describes them in all their forms, with particular attention to the differential treatment given never-married and divorced single parents, and to the impact of gender, race, and class. Emphasizing that all families face significant conflicts between work and family responsibilities, Dowd argues many two-parent families, in fact, function as single-parent caregiving households. The success or failure of families, she contends, has little to do with form. Many of the problems faced by single-parent families mirror problems faced by all families. Illustrating the harmful impact of current laws concerning divorce, welfare, and employment, Dowd makes a powerful case for centering policy around the welfare and equality of all children. A thought-provoking examination of the stereotypes, realities and possibilities of single-parent families, In Defense of Single-Parent Families asks us to consider the true purpose or goal of a family.

In Defense of Single-Parent Families

"A powerful book. Nancy Dowd offers a novel and sweeping integration of feminism and masculinities theory. Her ideas about how to recognize gender asymmetries, understand 'male' work codes, and unravel prescribed social roles offer hope for changing workplace and educational cultures toward gender equality."-Nancy Levit, co-author of Feminist Legal Theory: A Primer --

Robin Fretwell Wilson

Dorothy G. Singer

The Handbook of Children, Culture, and Violence provides a comprehensive, interdisciplinary examination of childhood violence that considers children as both consumers and perpetrators of violence, as well as victims of it. This Handbook is the first single volume to consider situations when children are responsible for violence, rather than focusing exclusively on occasions when they are victimized.

Nancy E. Dowd

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