We Are All Equal Before the Law - Essay Example

?It is commonly believed that all people are equal before the law. However, to a certain extent, there is often discord in as far as the law is reflected in practice. In order to critically analyse the notion of equality among all people before the law, it is imperative to focus on a group of people who identify and interact with one another. As such, this essay focuses on the family as a social group and particular attention will be paid to the aspect of children as a social issue that is often regarded as a center of controversy within this particular group in some cases. The essay starts by explaining key terms, as well as defining the issue being addressed and why it is being addressed. The main discussion of the essay draws from family law and how it is supposed to work in theory and in practice. Basically, “a group is two or more individuals who interact with one another, share goals and norms and have a subjective awareness as we” (Andersen & Taylor, 2003, p 121). In this case, focus is on the family which is regarded as a small group whose members share personal and enduring relationships (Macionis, 1997). Members of the family share the same identity and they spend most of the time together. The family is every society’s most important primary group although there are often periodic conflicts within this unit. The strength of the relationship within the family often creates a sense of security among the members of this group as they depend on one another. Although members of this primary group display sincere concern for each other’s welfare, there are often conflicts encountered and these emanate from the issues related to custodianship of the children. More often than not, the fabric of the family is often bound by the existence of the children. In typical fashion, there are conflicting interests between the parents with regards to the one who will take care of the children in the event that the family has disintegrated or there may have been some form of misunderstanding. Indeed, marriages end everyday and divorce is becoming an accepted way of life (Gelles & Levine, 1999). Traditionally, parents were compelled to stay together for the sake of the children. However, research has shown that conflicts between parents often arise with regards to custody of the children in the event of divorce or any other form of disintegration of the family. The aspect of children is very important given that a family as a primary group has various functions to play especially bringing them up. In any case, the family is expected to have certain functions regardless of its form and some of them are discussed below. According to Westlake & Westlake (1992), a family should provide a secure, mentally healthy environment which is essential for the wellbeing of each member and it should also enhance competence of each family member to cope with life’s stress both inside and outside the home. More importantly, the family should socialize the children and must provide role models with whom children can identify. In some instances, this is the source of conflict though all parents are regarded as equal by the law. Like any other institution, the family is guided by a certain legal framework. In this particular case, the family law is more ideal in view of this primary social group. Against this background, this section of the essay seeks to evaluate the extent to which family law is applied in a bid to keep this social group intact. According to Legal Directories (2012), family law can be defined as the law which deals with issues related to families which include the following: the nature of marriage, civil unions, and domestic partnerships; issues arising during marriage, divorce, child custody, child support as well as termination of relationships among others. Whilst these laws vary from country to country, the issue of child custody and support remains contentious in different scenarios though the law prescribes that both parents are equal with regards to this particular aspect. From a functionalist perspective, family law is primarily concerned with family support, as well as protection and the children are at the center of the debate (Knafla, 1995). Noble as it is, the functionalist approach has been criticised after it was noted that it gives too much power to the fathers of the children while in actual fact both parents should be treated as equal. Traditionally, in many societies particularly in third world countries, children belong to the father and the role of the mother is to care for those children. The mother is primarily concerned with offering that motherly care and love which forms the basic foundation of socialisation as children grow. On the other hand, the father is regarded as having a more important role to play with regards to child custody. However, according to information obtained from the website Catalogue (n.d), the feminist perspective criticizes the functionalist approach arguing that the law has been designed to enable men to exercise power over women. Women are often viewed as responsible for household duties which indirectly discriminates against them as they are also capable of providing financial contributions to the family especially during the contemporary period. Against this background, it can be observed that in reality, the family law does not offer absolute equality to the parents with regards to child custody. Men are often seen as wielding more power with regards to different aspects of family matters particularly the contentious issue of child custody. From the above argument, it can be seen that feminists are worried about the nature of the law in practice. They argue that mothers perform more tasks with regards to family matters while the law pretends that both parents have equal family responsibilities. In actual fact, both parents should yield equal power in terms of child custody but this is not the case in certain contexts. Women are often relegated to tasks of child bearing and rearing which is often seen as oppressive. In real terms, it can be seen that women also play equally important parental roles just like their male counterparts. During the contemporary period, it can be noted that women can also provide financial support to their families given that they now have the opportunity to look for formal work just like men. Therefore, they deserve to be treated as equal to men with regards to child custody. Another aspect of family law which has come under spotlight is related to child support and custody in the event of a divorce by the parents. Traditionally, child custody has been given to the mother in the event of a divorce (Knafla, 1995). However, the husband had the responsibility of providing child support in the form of maintenance. This amount has to be paid to the mother who retains the primary custody of the child and it is determined by the level of income of the husband. This is another controversial aspect of family law where a male can be denied child custody while the law stipulates that both parents are equal. In some instances, it is the mother who initiates divorce with the father of the child and she goes on to claim money to support the offspring. If the law was fair in practice, the mother should not ask for child support from the father given that they are all equal. In the event that the father retains the custody of the child, he must also be in a position to claim support for the children from the mother but this is not the case. To a certain extent, the law is biased against men since women are often given preferential treatment in cases involving divorce. They are entitled to get support for the children as well as a share of marital property even though they may not have contributed towards its initial purchase. Over and above, it can be noted that it is commonly believed that all people are equal before the law but to a certain extent, this is not true in practice. Basing the discussion on a family as a social group where particular attention was given to the aspect of children as a social issue that is often regarded as a center of controversy, it has been observed that in practice, the law does not treat both parents as equal in different contexts. When it comes to aspects involving child custody and support, both parents are often not treated as equal depending on the situation obtaining on the ground. In some cases, the other party is given preferential treatment compared to the other as noted above. References Andersen, M.L. & Taylor, H.F., 2003. Sociology: The essentials, 2nd Edition, Thomson, New York: NY. Gelles, R.J. & Levine, A., 1999. Sociology: An Introduction, 6th Edition, McGraw-Hill College, New York: NY. Knafla, L.A., 1995. Law, Society and the state, University of Toronto Press, London. Legal Directories, 2012. Family Law, [Online] Available at [Accessed 03 March, 2012] What is family Law? N.D. [Online] Available at [Accessed 03 March, 2012] Macionis, J.J., 1997. Sociology, 6th Edition,. Upper Saddle River, Prentice Hall, New Jersey: NJ. Schaefer, R.T., 2004. Sociology: A Brief introduction, 5th Edition, McGra-Hill College, New York. Westlake, H.G. & Westlake, D.G., 1992. Relationships and family living, EMC Publishing, Minnesota. Read More