ILLEGITIMATE BIRTH STATUS AND FATHERLESSNESS

Abstract

The Principle of Legitimacy as formulated by Malinowski (1930) states that the father is indispensable for the full status of the child and that distinctions are always drawn which stigmatise those who are fatherless in a social sense. The universality of this rule has been a moot point since there is empirical refutation of it in Caribbean societies, which have consistently high illegitimacy rates (Hartley, 1980) and more recently, the concurrent rise of illegitimacy rates in the U.S. (U.S. Bureau of Census, 1982:66) and in many European countries since the 1950s (Eurostat, 1983) suggests that the Principle of Legitimacy is an anachronism. Whether it is limited in its application or obsolete cannot be determined, however, without first considering the validity of illegitimacy rates as a measure of fatherlessness. That is, can high or escalating illegitimacy rates be taken as evidence that the father's role is diminished and the mother‐father‐child triad supplanted? In Scandinavian countries, it is clearly the case that they cannot. Trost (1977; 1978) has pointed out that in Sweden, cohabitation is increasingly regarded as a viable alternative to marriage and that many children born illegitimate are fatherless only according to a strictly legal definition. Similarly, Carter (1977: 131) discussing historical data from Great Britain, has maintained that illegitimacy rates denote official categorisation and do not necessarily reflect the formation of incomplete families. He argues that whereas birth and death are defined biologically, illegitimacy and suicide are social definitions. The same problems hindering the utility of suicide data, he asserts, arise in the construction of illegitimacy rates and ratios and in an equally intractable form.

Citation

Filinson, R. (1984), "ILLEGITIMATE BIRTH STATUS AND FATHERLESSNESS", International Journal of Sociology and Social Policy, Vol. 4 No. 4, pp. 70-89. https://doi.org/10.1108/eb012974