Family law, family law politics and family politics

Abstract

The analysis of state institutions where the state is geared towards the patriarchal family shows that it aims—in the case of the Federal Republic of Germany, at least—at abandoning women to a civic freedom where they lack protection and real rights. Women are ‘emancipated’ in the true sense of the word by the liberalisation of divorce laws, which is accompanied by drastically reducing maintenance claims of divorced women. This development which—at first glance—seems to be in men's interests only, at the same time assists in the development of conditions where women, historically placed in the position of object, can gain the position of subject and lead a fight for equal changes in a society that guarantees to them (though only on paper) legal equality. These conditions will make women fight to gain effective equality. Every effort is made through family politics and the application of patriarchal family ideology to force women to retire rather than fight. However, all these legal and ideological efforts will finally be in vain, because a family ideology that pretends protection and security, while the law systematically cuts down this protection, cannot be sufficiently strong to fool the female half of the population.