Home | About | RSS Feed | Contact and Publicity Guidelines | Comment Policy the Law, the Universe, and Everything 

advertise-here4


Slip Opinions


Groundhog Day. (fp)

Banned in Tucson. (kw)

The Best and Worst of 2011 in Race and Law (kw)

Tortured to death for trespassing. (fp)

Drones of contention. (fp)

DOJ still coddling banks. (fp)

Creative destruction? Thank banks. (fp)

Blog about a new book, on how to talk to little girls--stressing smarts not cutes.   LAC

Macey on the heroic Rakoff. (fp)

Captured NY Fed. (fp)


solicitors

Our Podcast

Subscribe to Law Talk

law-rev-contents2.jpg


  • Posts by Author

  • Categories

  • Archives


  • Recent Comments


    • Peterk on Physical Punishment and Parental Rights

    • Robert on Physical Punishment and Parental Rights

    • Three Oranges on Physical Punishment and Parental Rights

    • Paul Robichaux on Physical Punishment and Parental Rights

    • JR on Physical Punishment and Parental Rights

    • Jan on Physical Punishment and Parental Rights

    • Mark on Physical Punishment and Parental Rights

    • Shag from Brookline on Omelets and Eggs

    • Shag from Brookline on Omelets and Eggs

    • Joe on What Exactly is Wrong With Polygamy?

    • Phil on What Exactly is Wrong With Polygamy?

    • Lee on Lifecycles and the Firm

    • Car accident claim lawyers on Symposium Next Week on "A Legal Theory for Autonomous Artificial Agents"

    • Andrew MacKie-Mason on Can't the Supreme Court Just Say No to Cameras?

    • Joe on Employment Division v. Smith is Wrong
  •  

    Site Meter

    About the Blog

    Concurring Opinions is a multiple authored, general interest legal blog.

    (Image: Wikicommons)

Judging Motherhood

posted by Jaya Ramji-Nogales

milk-bottle1Sarah Waldeck’s recent post on the consequentialist rationale for publicizing breast-feeding’s benefits for mothers was right on the mark; breast-feeding can be challenging in the best of circumstances, so those who believe that “breast is best” should appeal to women’s self-interest rather than or as well as their noble sense of self-sacrifice.  In addition to the argument she lays out, there’s also expressivist value in changing the way we speak about, and thus perceive, breast-feeding. 

The discourse of breast-feeding has long been about everything but the mother; women who wanted to breast-feed were once told that they shouldn’t do so because formula was better for their child, now mothers are told that they must breast-feed because of all of the benefits for their child — higher IQ, less risk of obesity, diabetes, ear infections — you name it.  Inundated by these questionable claims during my pre-natal classes, I wondered how studies could possibly control for factors such as the socio-economic background of the mother.  It turns out they can’t, as Hanna Rosin explained in The Atlantic last month (in an article Sarah posted on here).  As Toto pulls open the curtain on its lack of empirical grounding, the breastfeeding orthodoxy is revealed as a stunningly paternalistic judgment on motherhood and women’s agency.

Think about it this way: say you’re friends with a father responsible for preparing his children’s dinner four nights a week.  Returning home at 6pm, exhausted from work, he feeds his kids a couple of hot dogs at least twice a week, as they’re incredibly easy to prepare and the kids love them.  Would you find it appropriate to lecture him on hot dogs’ lack of nutritional value and tell him that he really should make the effort to prepare a healthier meal for his children?  What if you knew, as the American Academy of Pediatrics and the US Food and Drug Administration note, that hot dogs pose a serious but as yet unquantified choking risk for small children?  What if you were aware of preliminary medical research findings that children who eat more than 12 hot dogs a month have nine times the normal risk of leukemia?  I’ll hazard a guess that most people would leave the decision whether to feed his children hot dogs in the hands of the father; while his childrens’ pediatrician may warn him of the potential hazards of hot dogs, I don’t know that he would be stigmatized as an inadequate parent for his choices.  While there is of course a point at which parental autonomy should be limited to protect the child (when, for example, a child’s diet leads to malnutrition), there’s a large grey zone in which parents are and should be allowed to undertake their own cost-benefit analysis between their child’s interest and their interests and act accordingly.

Not so with breastfeeding; “good” mothers are expected to subjugate entirely their own interests in order to provide what’s “best” for their child.  Even for those of us with highly flexible professional careers, this is a serious demand on time and energy; as Rosin notes, what about waitresses or truck drivers?  Are they forever doomed to being “bad mothers” given the near impossibility of maintaining milk supply while meeting the nonstop work ethic required in their jobs?  I like Sarah’s suggested reformulation of breast-feeding mantras, then, to focus on mothers as autonomous beings entitled to balance their interests with those of their child.  One can be a “good” mother in many ways; how we choose to feed our children should be simply that: a choice, without judgment from others.


 May 8, 2009 at 1:03 pm   Posted in: Feminism and Gender   Print This Post Print This Post

Responses (5)

  1. Nate Oman - May 8, 2009 at 1:55 pm

    How do with know if the father is stigmatized or not? It seems to me that we might already stigmatize fathers who feed their children poorly. Furthermore, I am not at all convinced that eliminating stigmatism in parenting practice is a good idea. Precisely because it is difficult for the law to do any work in terms of sanctioning bad behavior, it seems to me that there is a good case to be made for stigmatizing bad parenting socially.

    This is neither here nor there with regard to the breast-milk wars, but I do want to sound a note of skepticism about the advantages of treating all child-rearing decisions in terms of parental choice free from social judgments. It seems to me that there is an enormous among of bad parenting in the the grey area between legally sanctionable and utterly harmless, and social stigma is probably as good a way as any at getting at it.

  2. anon - May 8, 2009 at 4:00 pm

    Nate, except that parenting choices don’t operate in a vacuum; they’re often a direct result of class and socioeconomic status. Thus, more often than not, it’ll end up being middle class (or higher parents) looking down at “those other” parents. That’s why I hesitate to encourage social stigma, at least. Working to expand the options available to parents always seems like a better and more equitable option to me.

  3. Nate Oman - May 8, 2009 at 7:17 pm

    It seems to me that is a good reason to be careful and sensitive, but I am still not convinced that the the optimal social attitude toward parenting decisions is a binary one of either legally actionable misconduct or private parental choice. I also suspect that no in fact acts as though that is the case. Even the most tolerant among us will find something that we are willing to disapprove of. This is not necessarily such a bad thing…

  4. TRE - May 10, 2009 at 8:27 am

    I’d definitely judge someone for feeding their children tons of hot dogs. Or non-diet soft drinks, or tons of prepackaged foods, aka lunchables whatever. Doritos are even easier to prepare than hot dogs and I bet the kids love them even more! Been working hard at my job all day and all! Non-diet coke, some doritos and hot dogs, that is an efficient way to feed the little buggers!

    Parenting choices are not “the direct result” of class and socioeconomic status. (No comment on semicolon usage.)

    Also isn’t the breast feeding orthodoxy a maternalistic something or other and not a paternalistic one?

    I don’t know whether breastfeeding is beneficial for the child or not, but assume for argument that it is, then forgoing it is detrimental to the child barring some kind of extreme trade-off.

  5. Jaya Ramji-Nogales - May 11, 2009 at 6:55 am

    Thanks for your thoughtful comments, Nate. Part of my response would look very similar to Anon’s comments above. Additionally, the breastfeeding discourse gives rise to a couple of concerns about disapproval of others’ parenting decisions. First, where should we set the boundaries of appropriateness in expressing such disapproval? Is it appropriate to express absolute disapproval (i.e. “Your parenting decision is wrong”, which may be a more subtle way of saying “You are a ‘bad’ parent”) to strangers? To acquaintances? To friends? Second, a related question — what level of grounding in medical science should be required to support such absolute disapproval? How harmful must parental decisions be and how reliable must the studies establishing this harm be? These are the questions I struggle with when moving beyond private parental choice, and I look forward to hearing your thoughts on how to address them.

Leave a Reply

Spam protection by WP Captcha-Free


  • « Previous post
  • Next post »

Authors

Daniel J. Solove
Kaimipono Wenger
Dave Hoffman
Frank Pasquale
Deven Desai
Danielle Citron
Lawrence Cunningham
Sarah Waldeck
Jaya Ramji-Nogales
Solangel Maldonado
Gerard Magliocca

Guests

Derek Bambauer
Gabriella Coleman
andré douglas pond cummings
David Gray
Brishen Rogers
Joseph Turow
Elizabeth A. Wilson













Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Marvin Ammori
Michelle Anderson
Laura Appleman
Taunya Lovell Banks
Ann Bartow
Steven Bellovin
Adam Benforado
Gaia Bernstein
Francesca Bignami
Josh Blackman
Joseph Blocher
Jeremy Blumenthal
Kathleen Boozang
Bruce Boyden
Donald Braman
Al Brophy
Neil H. Buchanan
Bill Burke-White
Scott Burris
Paul Butler
Ryan Calo
Naomi Cahn
Anupam Chander
Miriam Cherry
Jack Chin
Glenn Cohen
Jennifer Collins
Caroline Mala Corbin
Thomas Crocker
Allison Danner
Brannon Denning
Deven Desai
Mike Dimino
Mark Edwards
Maxine Eichner
Jessica Erickson
David Fagundes
Lisa Fairfax
Joshua Fairfield
Christine Haight Farley
Kim Ferzan
Dan Filler
Mary Anne Franks
Michael Froomkin
Amanda Frost
Brian Frye
Timothy Glynn
Rachel Godsil
Eric Goldman
Kyle Graham
David Gray
Craig Green
Tristin Green
Jonathan Hafetz
Meredith Harbach
Michelle Harner
Jeffrey Harrison
Hosea Harvey
Erica Hashimoto
Jennifer Hendricks
Carissa Hessick
Laura Heymann
Robert Hillman
Gilbert A. Holmes
Nicole Huberfeld
Christine Hurt
Darian Ibrahim
Sherrilyn Ifill
John Ip
Shavar Jeffries
Kevin Johnson
Kristin Johnson
Jeff Jonas
Courtney Joslin
Dan Kahan
Jeffrey Kahn
Brian Kalt
Sam Kamin
Michael Kang
Chimène Keitner
Alicia Kelly
Orin Kerr
Nancy Kim
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Alex Kreit
Anita S. Krishnakumar
Susan Kuo
Greg Lastowka
Sarah Lawsky
Youngjae Lee
Margaret Lewis
Erik Lillquist
Jeff Lipshaw
Jonathan Lipson
Jacqueline Lipton
Matthew Lister
Joseph Liu
Michael Madison
Kevin Noble Maillard
Solangel Maldonado
Jason Mazzone
Linda McClain
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Max Minzner
Viva Moffat
Scott Moss
Eric Muller
Jaya Ramji-Nogales
Helen Norton
Elizabeth Nowicki
Paul Ohm
Angela Onwuachi-Willing
Michael O'Shea
David Opderback
Kristen Osenga
Rafael Pardo
Marcy Peek
Eduardo Peñalver
Robert Percival
Michael J. Pitts
Marc Poirier
David Post
Amanda Pustilnik
Shruti Rana
Geoffrey Rapp
Neil Richards
Lori Ringhand
Alice Ristroph
Marc Roark
Sasha Romanosky
Tuan Samahon
Susan Scafidi
David Schraub
Paul Secunda
Jonathan Siegel
Jessica Silbey
Peter Smith
Judd Sneirson
Adam Steinman
Charles Sullivan
Rick Swedloff
Olivier Sylvain
Steph Tai
Andrew Taslitz
Robert Tsai
Jenia Turner
Steve Vladeck
Ari Waldman
Spencer Weber Waller
Howard Wasserman
Melissa Waters
Frank Wu
Alfred Yen
Corey Yung
David Zaring
Timothy Zick
Michael Zimmer
Jonathan Zittrain

Ownership

Concurring Opinions is a
general-interest legal blog
operated by Concurring
Opinions LLC, a Pennsylvania
Limited Liability Corporation.

Blogroll

Above the Law
Access to Justice
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Derechoalderecho
Discourse.net
Dorf on Law
Election Law
Emergent Chaos
The Faculty Lounge
Feminist Law Profs
43(B)log
Freakonomics Blog
Freedom to Tinker
Google Blogoscoped
How Appealing
Ideoblog
Info/Law
Instapundit.com
Juris Novus
Jurisdynamics
Just Books
Law and Humanities Blog
Law and Letters
Law Librarian Blog
Legal Profession Blog
Legal Theory Blog
Legal Times Blog
Leiter Reports
Brian Leiter's Law School Reports
Lessig Blog
Madisonian Theory
Media Law Blog
Mirror of Justice
The Moderate Voice
National Security Advisors
Opinio Juris
Point of Law
PrawfsBlawg
ProfessorBainbridge.com
Property Prof Blog
Red Tape Chronicles
The Right Coast
Schneier on Security
SCOTUSBlog
Security Dilemmas
Sentencing Law and Policy
Simple Justice
Sivacracy.net
The Situationist
Susan Crawford
TalkLeft
Talking Points Memo
TaxProf Blog
TeachPrivacy Blog
Tech & Marketing Law
Truth on the Market
Volokh Conspiracy
WorkPlace Prof Blog
WSJ Law Blog
Wonkette
The Yin Blog


© Concurring Opinions

Powered by WordPress