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The End of Family Court: How Abolishing the Court Brings Justice to Children and Families
Explores the failures of family court and calls for immediate and permanent change
At the turn of the twentieth century, American social reformers created the first juvenile court. They imagined a therapeutic court where informality, specially trained public servants, and a kindly, all-knowing judge would assist children and families. But the dream of a benevolent means of judicial problem-solving was never realized. A century later, children and families continue to be failed by this deeply flawed court.
The End of Family Court rejects the foundational premise that family court can do good when intervening in family life and challenges its endless reinvention to survive. Jane M. Spinak illustrates how the procedures and policies of modern family court are deeply entwined in a heritage of racism, a profound disdain for poverty, and assimilationist norms intent on fixing children and families who are different. And the court’s interventionist goals remain steeped in an approach to equity and well-being that demands individual rather than collective responsibility for the security and welfare of families.
Spinak proposes concrete steps toward abolishing the court: shifting most family supports out of the court’s sphere, vastly reducing the types and number of matters that need court intervention, and ensuring that any case that requires legal adjudication has the due process protections of a court of law. She calls for strategies that center trusting and respecting the abilities of communities to create and sustain meaningful solutions for families. An abolitionist approach, in turn, celebrates a radical imagination that embraces and supports all families in a fair and equal economic and political democracy.
At the turn of the twentieth century, American social reformers created the first juvenile court. They imagined a therapeutic court where informality, specially trained public servants, and a kindly, all-knowing judge would assist children and families. But the dream of a benevolent means of judicial problem-solving was never realized. A century later, children and families continue to be failed by this deeply flawed court.
The End of Family Court rejects the foundational premise that family court can do good when intervening in family life and challenges its endless reinvention to survive. Jane M. Spinak illustrates how the procedures and policies of modern family court are deeply entwined in a heritage of racism, a profound disdain for poverty, and assimilationist norms intent on fixing children and families who are different. And the court’s interventionist goals remain steeped in an approach to equity and well-being that demands individual rather than collective responsibility for the security and welfare of families.
Spinak proposes concrete steps toward abolishing the court: shifting most family supports out of the court’s sphere, vastly reducing the types and number of matters that need court intervention, and ensuring that any case that requires legal adjudication has the due process protections of a court of law. She calls for strategies that center trusting and respecting the abilities of communities to create and sustain meaningful solutions for families. An abolitionist approach, in turn, celebrates a radical imagination that embraces and supports all families in a fair and equal economic and political democracy.
384 pages, Hardcover
Published August 1, 2023
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Displaying 1 - 2 of 2 reviews
August 7, 2023
This is more closely aligned with academic writing. I found this book to be well sourced and informative. I will use this book as I further my writing and education on Family Court. I do recommend this book, though I do think for the average reader it may be too academic leaning.
June 30, 2023
Note: I received a free copy, but chose to review it.
The evils of Family Court are not as well known as its criminal counterpart, but they are far reaching in American life and particularly harmful to women of color in this country. Spinak traces the racist roots of family court--essentially white people with a savior complex wanting to "save" the children of immigrants-and analyzes how that historical root manifests itself today. Family Court affords neither children nor parents the fundamental due process and constitutional protections that criminal court purports to, but has almost equivalent power to destroy lives and families. The book is detailed with incisive analysis and I highly recommend.
The evils of Family Court are not as well known as its criminal counterpart, but they are far reaching in American life and particularly harmful to women of color in this country. Spinak traces the racist roots of family court--essentially white people with a savior complex wanting to "save" the children of immigrants-and analyzes how that historical root manifests itself today. Family Court affords neither children nor parents the fundamental due process and constitutional protections that criminal court purports to, but has almost equivalent power to destroy lives and families. The book is detailed with incisive analysis and I highly recommend.
Displaying 1 - 2 of 2 reviews