This article draws attention to a form of injustice in intimate relationships of care that is largely ignored in discussions about the legal rights and obligations of intimate partners. This form of injustice is connected to a feature of caregiving I call “flexibility,” in virtue of which caregiving requires “skills of flexibility.” I argue that the demands placed by these skills on caregivers create constraints that amount to “vulnerability to oppression.” To lift these constraints, caregivers are entitled to open-ended responses (...) to their work, responses that would enable them to pursue their own projects while providing care. Instead of protecting individual choice of intimate relationships, marriage law should protect these entitlements. (shrink)

Based on experience in marriage counseling and contributions made by philosophy of phenomenology and psychology, we have carried out an in-depth analysis of the forgiveness process in the marriage relationship. Philosophy of phenomenology allows to define the conceptual framework of the marriage relationship and its essential features, which gives the therapist a reference to guide the therapeutical process. The description of the process is enriched with contributions of Psychology and particularly Systemic Family Theories. We have identified a (...) number of steps in the forgiveness process, which can be summarized as the passing from the initial pain, through the recovery of dignity and hope, up to the final consciousness of having reached forgiveness, where the intrapersonal process in the offended spouse is imbricated with the interpersonal relationship with the partner in marriage. This interdisciplinary perspective, bringing together clinical practice, philosophy of phenomenology, and psychology, has proven particularly fruitful: it has allowed us to identify when forgiveness becomes a case of regeneration and strengthening of the bonds of marriage, or on the contrary, the cases in which the problems, together with situations of imbalance or relational pathology progress to a chronic state. Apart from this, we have reflected upon the practical application of this theoretical approach in a therapeutic context with couples that need to pass through the forgiveness process, paying special attention to the risks they may encounter. Finally, we suggest possibilities for further investigations along these interdisciplinary lines of study. (shrink)

This essay examines phrenological tools as instruments of matchmaking and focuses on the personal ad as a site for producing and exchanging knowledge about individuals. It shows how cranial measurement produced character profiles for the purpose of judging suitable marriage partners and how users integrated those profiles into personal advertisements published in the Water-Cure Journal. A popular but contested science of the mind, phrenology maintained that one could truly know others and oneself through measuring “organs” of the mind via (...) protrusions on the skull. While much has been written about phrenology, less attention has been paid to its focus on marriage and mating and to how users enrolled phrenology to find and judge the viability of a mate. Focused on the American context in the 1850s, this essay will show that notions of race and gender, heredity, and marital “relations” were embedded in the shorthand of phrenological measurements and personal ads. (shrink)

This article explores the life and work of Emma Goldman to formulate a radical critique of intimacy. Goldman’s theory of sexual freedom and revolutionary love offers a feminist vision that challenges contemporary debates concerning uses of the language of feminine desire. Goldman appealed to ideals of feminine instinct and feminine desire in order to challenge the conventional meanings attached to femininity in her day. Her views on marriage, love, sexuality and the feminine are analysed alongside her writings on her (...) own personal experience, in order to illuminate the continuing paradoxes feminists face in regard to definitions and experiencesof femininity. (shrink)

This book addresses fundamental questions about marriage in moral and political philosophy. It examines promise, commitment, care, and contract to argue that marriage is not morally transformative. It argues that marriage discriminates against other forms of caring relationships and that, legally, restrictions on entry should be minimized.

ABSTRACTAccording to the UNICEF report entitled ‘Ending Child Marriage: Progress and Prospects’, there are 700 million women who were married as children, and 280 million girls are at risk of becoming child brides. In Turkey, according to the reports written by feminist organisations 1 in 3 marriages there is a child. These figures are alarming and signal the need for further and urgent research in the field. In 2016 I made my first ever film entitled Growing Up Married. The (...) film explores what happens after child marriage by focusing on the stories of four women from Turkey and making their experiences visible and audible, in an attempt to contribute to and advance debates around this significant, complex and emotionally charged human rights issue which has often been discursively silenced. Working on a documentary film on forced marriage in Turkey poses challenges to me as a UK-trained and based academic, who focuses on theories around feminism and media rather than filmmaking practice. In this article, I critically reflect upon the process of making a documentary film, and theories around interviewing women to examine the tensions inherent within representing forced marriage on screen. (shrink)

The way many human rights advocates frame the international norm against child, early, and forced marriage (CEFM) has shifted in the past decade. While CEFM has historically been framed as driven by poverty and underdevelopment, advocates have more recently discussed the problem with a feminist sexuality frame. What leads advocates to change their framing about an international norm? We build an argument that stresses how (a) the nature of the frame, (b) the characteristics of the advocates, and (c) the (...) characteristics of the discursive environment interact to determine whether and to what extent advocates will adopt an alternative frame. We use a multi-methods approach (machine-learning text analysis, process tracing, and interviews) to examine the process of frame adoption around an international norm. Our theoretical understanding of international norms requires a better grasp on the role of framing, especially framing among the very norm entrepreneurs that are critical to international norm diffusion. (shrink)

Marriages come in a very wide variety: if the reports of anthropologists and historians are to be believed, an extraordinarily wide variety. This includes some of the more unusual forms, including marriage to the dead; to the gods; and even to plants. This does suggest that few proposed marriage relationships would require 'redefining marriage': but on the other hand, it makes giving a general theory of marriage challenging. So one issue we should face is how accepting (...) we should be of the reports: to what extent reported 'marriages' really are marriages. This paper defends the view that almost all of these reported marriages are in fact marriages, and suggests some theoretical approaches that may be generous enough to account for this. (shrink)

This article argues that although marriage has been a historically productive and important site of feminist inquiry, feminist theorizations of the institution of marriage have reached something of a stalemate. Moreover, contemporary debates on the merits of same-sex marriage risk disarming feminist marriage critiques while simultaneously replicating their limitations. This does not mean, however, that marriage should be evacuated as an arena of feminist concern; rather, new ways of thinking about politics, subjectivities, sexualities and gender (...) should be brought to bear against our understandings of what contemporary marriage is and does. (shrink)

Pope Francis has called for the Church to be a sign of mercy and hope to the world. Mercy stands at the center of the Gospel, and the family is a fundamental seat of mercy within the culture, responsible for bestowing the most valuable of God’s gifts, human life. Because of its mission to bestow life, marriage is necessarily a “lifelong covenant of love and fidelity between a man and a woman”. As the Church upholds the view of (...) class='Hi'>marriage exclusively as the union of a man and a woman who are capable of reaching the deepest kind of unity, she also affirms that persons of the same sex can achieve unity in meaningful ways. Upholding the traditional, comprehensive view of marriage does not belittle the dignity of homosexual persons, because all are our brothers and sisters. (shrink)

Supporters of Justificatory Liberalism (JL)—such as John Rawls and Gerard Gaus—typically maintain that the state may not coerce its citizens on matters of constitutional essentials unless it can provide public justification that the coerced citizens would be irrational in rejecting. The state, in other words, may not coerce citizens whose rejection of the coercion is based on their reasonable comprehensive doctrines (i.e., worldviews). Proponents of the legal recognition of same-sex marriage (SSM) usually offer some version of JL as the (...) most fundmental reason why laws that recognize marriage only if it is a union between one man and one woman are unjust. In this article I argue that the application of JL in support of legal recognition of SSM does not succeed because the issue under scrutiny—the nature of marriage—is deeply embedded in, and in most cases integral to, many (if not most) citizens’ reasonable comprehensive doctrines. Thus, I argue that because of the effects and consequences of the legal recognition of SSM, it results (or will result) in a violation of JL against dissenting citizens. (shrink)

Dans la première ethnographie sur les Juifs de Russie (1861), Moïseï Berlin décrit les rituels du mariage et les rôles respectifs des hommes et des femmes. En gommant les aspects les plus folkloriques et en insistant sur la virginité de la femme et l’observance stricte des codes moraux et rituels religieux, il s’efforce de donner du judaïsme et de la population juive une image respectable, pour favoriser leur acceptation au sein de la société et l’Empire russe.

According to E. G. Lorenzen, the international theory of the conflict of laws rests almost wholly on fiction. The discipline of conflict of laws is created by a huge number of national internal laws and quite a large number of international instruments. Concepts used there are interpreted in many ways illustrating the variety of legal solutions and values. Some of the instruments facilitating the correct application of law are unregulated. One of them is qualification, which starts the process of indication (...) and application of the proper law and assists in its completion. (shrink)

_Marriage and Morals_ is a compelling cross-cultural examination of individual, familial and societal attitudes towards sex and marriage. By exploring the codes by which we live our sexual lives and conventional morality, Russell daringly sets out a new morality, shaped and influenced by dramatic changes in society such as the emancipation of women and the wide-spread use of contraceptives. From the origin of marriage to the influence of religion, Russell explores the changing role of marriage and codes (...) of sexual ethics. The influence of this great work has turned it into a worthy classic. (shrink)

_Marriage and Morals_ is a compelling cross-cultural examination of individual, familial and societal attitudes towards sex and marriage. By exploring the codes by which we live our sexual lives and conventional morality, Russell daringly sets out a new morality, shaped and influenced by dramatic changes in society such as the emancipation of women and the wide-spread use of contraceptives. From the origin of marriage to the influence of religion, Russell explores the changing role of marriage and codes (...) of sexual ethics. The influence of this great work has turned it into a worthy classic. (shrink)

Contemporary recognition theory has developed powerful tools for understanding a variety of social problems through the lens of misrecognition. It has, however, paid somewhat less attention to how to conceive of appropriate responses to misrecognition, usually making the tacit assumption that the proper societal response is adequate or proper affirmative recognition. In this paper I argue that, although affirmative recognition is one potential response to misrecognition, it is not the only such response. In particular, I would like to make the (...) case for derecognition in some cases: derecognition, in particular, through the systematic deinstitutionalization or uncoupling of various reinforcing components of social institutions, components whose tight combination in one social institution has led to the misrecognition in the first place. I make the case through the example of recent United States debates over marriage, especially but not only with respect to gay marriage. I argue that the proper response to the misrecognition of sexual minorities embodied in exclusively heterosexual marriage codes is not affirmative recognition of lesbian and gay marriages, but rather the systematic derecognition of legal marriage as currently understood. I also argue that the systematic misrecognition of women that occurs under the contemporary institution of marriage would likewise best be addressed through legal uncoupling of heterogeneous social components embodied in the contemporary social institution of marriage. (shrink)

Clare Chambers argues that marriage violates both equality and liberty and should not be trecognized by the state. She shows how feminist and liberal principles require creation of a marriage-free state: one in which private marriages, whether religious or secular, would have no legal status.

Parties to a temporary marriage agree in advance that their marriage will only last for a fixed period of time unless renewed: that it will automatically expire after two years, for instance, or five, or twenty. This paper defends the claim that temporary marriages deserve state recognition. The main argument for this is an application of a principle of marriage equality. Some other arguments for are also canvassed, including an argument from religious freedom, and a number of (...) arguments against recognition are also discussed. The paper also discusses the question of whether such “temporary marriages” are in fact a kind of marriage, and defends the claim that they are, or would be, genuinely marriages. (shrink)

Recent defenses of same-sex marriage and polygamy have invoked the liberal doctrines of neutrality and public reason. Such reasoning is generally sound but does not go far enough. This paper traces the full implications of political liberalism for marriage. I argue that the constraints of public reason, applied to marriage law, entail ‘minimal marriage’, the most extensive set of state-determined restrictions on marriage compatible with political liberalism. Minimal marriage sets no principled restrictions on the (...) sex or number of spouses and the nature and purpose of their caring relationships, nor on which marital rights are exchanged, and whether they are exchanged reciprocally or asymmetrically. Minimal marriage supports adult care networks, urban tribes, friendships, and other forms of relationships as well as ‘traditional’ marriages. I provide a publically justifiable rationale for a legal framework supporting non-dependent caring relationships between adults. The argument is that caring relationships are primary goods, and that liberal justice accordingly requires legal frameworks supporting caring relationships. Minimal marriage is one such framework. (shrink)

This essay argues that current advocacy of lesbian and gay rights to legal marriage and parenthood insufficiently criticizes both marriage and motherhood as they are currently practiced and structured by Northern legal institutions. Instead we would do better not to let the State define our intimate unions and parenting would be improved if the power presently concentrated in the hands of one or two guardians were diluted and distributed through an appropriately concerned community.

The netherworld marriage or the wedding for dead persons is a folk religious ritual in ancientChina. It is based on ancient Chinese folk belief of afterlife in the netherworld. Through a textual research and investigation based on relevant historical records and other ancient documents, as well as some archeological discoveries, this paper tries to give a brief account of the origin and development of netherworld marriage and its cultural and ideological background in ancient China. It finds that netherworld (...) marriage might originate from human sacrifice in early ancient times, and its name varies in different periods. It has gone through its prevailing in the Tang Dynasty, declining in the Song and Yuan Dynasties, and reviving again in the Ming and Qing Dynasties. During the long history, this custom was generally criticized and condemned by orthodoxy Confucian intellectuals, yet it was practiced and sometimes even prevailed among both noble class and common people, due to its deep root in the folk belief. The paper also intends to clarify some misconceptions and misunderstandings concerning the study of this unique cultural phenomenon. (shrink)