性による分業と法

米国における離婚の際の親権者指定に関する法原則の変遷をめぐって

抄録

As with most areas of American jurisprudence, child custody law evolved from English common law tradition. The father had an absolute right to the custody during marriage and after divorce. The father was entitled to custody as a matter of right.
With society's heightening perception that the man provide for the family and that woman take care of the household and the child, the woman was increasingly perceived as the natural parent with all the rights and privileges inherent in the relationship. On divorce, that conception made it easy for courts to say simply that the father must continue to support the family while the mother should continue her role of raising the child.
Modern thought is coming to reject the original premises behind the doctrine. Females are no longer thought of as exclusively having the skill or instinct to "mother" a child. An innovative doctrine upon divorce is joint custody. Courts grant legal custody with both parents simultaneusly while physical custody would alternate according to the agreement between the parents.
The sex roles have had profound influences on the law.