Fragile families and family law

Abstract

Family law reforms concerning paternity, child support, illegitimacy, and domestic violence have helped fragile families over the past 50 years. Yet fragile families remain invisible to much of family law because historically lawmakers have focused on the problems of the middle and upper classes. Also, the law still enshrines some confining stereotypes, thus encouraging the poor to enter into unstable, dysfunctional relationships. Strengthening the culture of marriage in society and providing marriage skills training may help fragile families. This is the approach taken in a number of welfare reforms, including the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and President Bush's marriage initiatives. Because the law performs channeling and expressive functions in addition to regulatory functions, these marriage initiatives may be judged a success insofar as they have changed the public discourse and raised concerns about marriage as a social good for the underprivileged. Finally, prevention may be more effective than cure when it comes to helping fragile families via the law. © 2006 Springer Science+Business Media, Inc.