Hostname: page-component-7479d7b7d-wxhwt Total loading time: 0 Render date: 2024-07-12T15:32:54.311Z Has data issue: false hasContentIssue false

Alternative Readings: The Status of the Status of Children Act in Antigua and Barbuda

Published online by Cambridge University Press:  02 April 2024

Extract

More than 80% of the people of Antigua and Barbuda are born out of wedlock. In 1986 Antigua's Parliament passed new family laws to enable men to acknowledge legally their illegitimate children, to prevent discrimination against children whose parents have not wed, and to allow acknowledged children to inherit from their fathers' estates. How is the Status of Children Act, the keystone of the new measures, being interpreted and applied by legal professionals? To what degree can legal proclamations and judicial processes alter people's commonsense understanding of family? To what extent do social norms and everyday practices remake the meaning and practice of law? I explore law's role in the construction of personal and group identity and in relation to gender hierarchy. I find that Antigua's new kinship codes are both emblematic of a distinctly postcolonial kinship order and indicative of new tensions between certain powerful institutions—schools and churches—which previously enjoyed ideological support from the state.

Type
Articles
Copyright
Copyright © 1994 by The Law and Society Association.

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Footnotes

The research for this article was made possible by a 1992-93 grant from the National Endowment for the Humanities for College Teachers and Independent Scholars and by 1992 and 1993 grants from the Institute for the Humanities at the University of Illinois at Chicago. Lone B. Black carefully transcribed several of the interviews recorded here. I am grateful for her assistance. I also wish to express my gratitude to the people of Antigua and Barbuda for their support of my research, patience, and many, many kindnesses.

A shorter version was presented at the Law and Society Association Meetings in Chicago in May 1993. I thank Bill Black, Wendy Espeland, Susan Hirsch, and Beth Mertz for their comments and insightful suggestions on earlier drafts. I especially thank Leah Feldman for that four-in-the-afternoon rescue.

References

REFERENCES

Alexander, Jack (1978) “The Cultural Domain of Marriage,” 5 American Ethnologist 5.CrossRefGoogle Scholar
Alexander, Jack (1984) “Love, Race, Slavery, and Sexuality in Jamaican Images of the Family,” in Smith, R. T., ed., Kinship Ideology and Practice in Latin America. Chapel Hill: Univ. of North Carolina Press.Google Scholar
Antigua, & Barbuda, (1984) House Debate on the Status of Children Act. House Debate on the Status of Children Act: Records at Parliament.Google Scholar
Antigua, & Barbuda, (1987) Statistical Yearbook. St. John's, Antigua: Statistics Division, Ministry of Finance.Google Scholar
Austin, Diane J. (1979) “History and Symbols in Ideology: A Jamaican Example,” 14 Man 497.Google Scholar
Austin, Diane J. (1984) Urban Life in Kingston, Jamaica: The Culture and Class Ideology of Two Neighborhoods. New York: Gordon & Beach Science.Google Scholar
Barrow, Christine (1986a) “Male Images of Women in Barbados,” 35 Social & Economic Studies 51.Google Scholar
Barrow, Christine (1986b) “Finding the Support: A Study of Strategies for Survival,” 35 Social & Economic Studies 131.Google Scholar
Clarke, Edith (1970) My Mother Who Fathered Me: A Study of the Family in Three Selected Communities in Jamaica. London: Allen & Unwin.Google Scholar
Douglass, Lisa (1992) The Power of Sentiment: Love, Hierarchy, and the Jamaican Family Elite. Boulder, CO: Westview Press.Google Scholar
Durant Gonzalez, Victoria (1982) “The Realm of Female Familial Responsibility,” in Massiah 1982.Google Scholar
Fineman, Martha Albertson (1991) “Societal Factors Affecting the Creation of Legal Rules for Distribution of Property at Divorce,” in Fineman, M. A. & Thomadsen, N. S., eds., At the Boundaries of Law: Feminism and Legal Theory. New York: Routledge.Google Scholar
Flannagan, Mrs. (1967) [1844] Antigua and the Antiguans: A Full Account of the Colony and Its Inhabitants from the Time of the Caribs to the Present Day, Interspersed with Anecdotes and Legends. Also, An Impartial View of Slavery and the Free Labour Systems; The Statistics of the Island, and Biographic Notices of Principal Families. 2 vols. London: Spottiswoode, Ballantyne & Co.Google Scholar
Gaspar, David Barry (1985) Bondmen and Rebels: A Study of Master-Slave Relations in Antigua. Baltimore: Johns Hopkins Univ. Press.Google Scholar
Goveia, Elsa V. (1965) Slave Society in the British Leeward Islands at the End of the Eighteenth Century. New Haven, CT: Yale Univ. Press.Google Scholar
Henry, Paget (1985) Peripheral Capitalism and Underdevelopment in Antigua. New Brunswick, NJ: Transaction Books.Google Scholar
Higman, B. W. (1984) Slave Populations of the British Caribbean 1807–1834. Baltimore: Johns Hopkins Univ. Press.Google Scholar
Jackson, Jean (1982) “Stresses Affecting Women and Their Families,” in Massiah 1982.Google Scholar
LaFont, Suzanne (1992) “Baby-Mothers and Baby-Fathers: Conflict and Family Court Use in Kingston, Jamaica.” Ph.D. diss., Anthropology, Yale Univ.Google Scholar
Lazarus-Black, Mindie (1991) “Why Women Take Men to Magistrate's Court: Caribbean Kinship Ideology and Law,” 30 Ethnology 119.Google Scholar
Lazarus-Black, Mindie, (1992) “Bastardy, Gender Hierarchy, and the State: The Politics of Family Law Reform in Antigua and Barbuda,” 26 Law & Society Rev. 863.Google Scholar
Lazarus-Black, Mindie (1994a) Legitimate Acts and Illegal Encounters: Law and Society in Antigua and Barbuda. Washington, DC: Smithsonian Institution Press.Google Scholar
Lazarus-Black, Mindie, (1994b) “My Mother Never Fathered Me: Rethinking Caribbean Kinship and the Governing of Families.” Presented to Law & Society Association annual meeting, Phoenix, 16–19 June.Google Scholar
Linger, Daniel T. (1993) “The Hegemony of Discontent,” 20 American Ethnologist 3.Google Scholar
Lowes, Susan (1993) “The Peculiar Class: The Formation, Collapse, and Reformation of the Middle Class in Antigua, West Indies, 1834–1940.” Ph.D. diss., Teachers College, Columbia Univ.Google Scholar
Massiah, Joycelin, ed. (1982) Women and the Family. Cave Hill, Barbados: Univ. of the West Indies.Google Scholar
Maurer, Bill (1993) “‘Belonging,‘ Citizenship and Flexible Specialization in a Caribbean Tax Haven (British Virgin Islands),” 16 POLAR: Political & Legal Anthropology Rev. 9.Google Scholar
Schneider, David M. (1980) American Kinship: A Cultural Account. Chicago: Univ. of Chicago Press.CrossRefGoogle Scholar
Senior, Olive (1991) Working Miracles: Women's Lives in the English-speaking Caribbean. Bloomington: Indiana Univ. Press.Google Scholar
Smith, M. G. (1962) West Indian Family Structure. Seattle: Univ. of Washington Press.Google Scholar
Smith, Raymond T. (1956) The Negro Family in British Guiana. London: Routledge & Kegan Paul.Google Scholar
Smith, Raymond T., (1982) “Family, Social Change and Social Policy in the West Indies,” 56 Nieuwe West Indische Gids 111.Google Scholar
Smith, Raymond T. (1987) “Hierarchy and the Dual Marriage System in West Indian Society,” in Collier, J. F. & Yanagisako, S.J., eds., Gender and Kinship: Essays toward a Unified Analysis. Stanford, CA: Stanford Univ. Press.Google Scholar
Smith, Raymond T., (1988) Kinship and Class in the West Indies: A Genealogical Study of Jamaica and Guyana. Cambridge: Cambridge Univ. Press.CrossRefGoogle Scholar
Walter, Sharon (1991) “Legal Status of Women Report (Antigua).” Prepared for Caribbean Association for Feminist Research & Action (CAFRA). Presented to Women & the Law Project, Antiguan National Consultation, St. John's Antigua (20 July).Google Scholar
Ward-Osborne, Faustina (n.d.) “Report: Research and Information on Women in Antigua and Barbuda. Analysis of Data of Household Survey on Women in Antigua and Barbuda.” Prepared for Government of Antigua & Barbuda (available in St. John's, Antigua).Google Scholar
White, Averille (1986) “Profiles: Women in the Caribbean Project,” 35 Social & Economic Studies 59.Google Scholar

Statutes

Births and Deaths (Registration) (Amendment) Act, Law No. 19, Laws of Antigua & Barbuda 1986 (“Births Act”).Google Scholar
Intestate Estates (Amendment) Act, Law No. 35, Laws of Antigua & Barbuda 1986 (“Intestate Estates Act”).Google Scholar
Laws of Antigua and Barbuda. St. John's, Antigua: Government Printing Office, 1986.Google Scholar
Status of Children Act, Law No. 36, Laws of Antigua & Barbuda 1986.Google Scholar