The value of autonomy is a hallmark of liberal doctrine. It would seem to follow that liberals must reject the practice of “arranged marriage” on the grounds that the “arranging” component of the practice eschews autonomy and individuality. However, in policy debates in Great Britain, the difference between “arranged marriage” and “forced marriage” has been defined as the presence of autonomy or free choice for an arranged marriage and their absence in cases of (...) forced marriage. A paradox seems to result: arranged marriage is defined as a marriage practice that both rejects autonomy and requires autonomy. In this article, I will show that the resultant paradox arises from the inadequacy of the autonomy analysis rather than from any intrinsically puzzling feature of arranged marriage. I then offer an alternative normative framework to assess arranged marriage’s potential contribution to a just society. My tri-metric analysis for arranged marriage includes the autonomy of the participants (Metric 1), as well as two societal metrics: the fairness of the distribution of care-giving labor (Metric 2) and the degree to which the society meets its members’ legitimate needs for care (Metric 3). (shrink)

This article discusses the politics behind the recently publicized arranged marriage of a 12-year-old Romani girl, Ana Maria Cioaba. It speaks to the anti-Romani racism in Romania and abroad inherent in the media portrayal of the marriage and criticizes the racist politics behind the involvement of the different political figures in an effort to ‘save’ Ms Cioaba. It also discusses the implications of the media’s obsession with the ‘exotic’ oppression of Third World women in the context of (...) Ms Cioaba’s arranged marriage. Ultimately the article also attempts to illuminate the precarious position of Romani feminism in racist countries. (shrink)

The theory of Markov decision processes (MDP) can be used to analyze a wide variety of stopping time problems in economics. In this paper, the nature of such problems is discussed and then the underlying theory is applied to the question of arranged marriages. We construct a stylized model of arranged marriages and, inter alia, it is shown that a decision maker's optimal policy depends only on the nature of the current marriage proposal, independent of whether there (...) is recall (storage) of previous marriage proposals. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:April 3, 2010 (11:17 am) C:\Users\Milt\Desktop\backup copy of Ken's G\WPData\TYPE2902\russell 29,2 050 red.wpd Reviews 181 MARRIAGE AND MORALSy REVISITED Philip Ebersole Greater Rochester Russell Set Rochester, ny 14607, usa [email protected] Timothy J. Madigan Philosophy / St. John Fisher College Rochester, ny 14618, usa [email protected] Katie Roiphe. Uncommon Arrangements: Seven Portraits of Married Life in London Literary Circles, 1910–1939. New York: The Dial Press, 2007. Pp. 343. isbn 978-0-385-33937-7 (...) (hb). us$26; cdn$34. There is a spectre haunting Katie Roiphe’s exploration of Edwardian/Georgian marriage in literary London circles: the spectre of Bertrand Russell, most especially the author of Marriage and Moralsz (1929), a work written in the middle of the period she examines. While Russell makes a few guest appearances in April 3, 2010 (11:17 am) C:\Users\Milt\Desktop\backup copy of Ken's G\WPData\TYPE2902\russell 29,2 050 red.wpd 182 Reviews the text, and while he knew almost everyone in the book (sometimes biblically), it is surprising that Roiphe does not take the opportunity to connect the rather disparate couples she discusses with Russell’s contemporary exploration of the meaning of marriage in the post-Victorian era. She focuses on couples living together from directly before the First World War to directly before the Second World War, a period of tremendous change and radical social movements: Modernism, Socialism, Freudianism,and, perhaps most important to the overall structure of the book, SuTragism/Feminism. One of the most telling aspects of Uncommon Arrangements is the focus on somez—zfor the timesz—zuncommonly liberated women. Katie Roiphe is a journalist and an instructor at New York University who has written extensively about modern marriage. Her Uncommon Arrangements tells the story of seven married couples in early twentieth-century England, all of whom tried to live outside the framework of conventional society. They revolted against Victorian values and sought to establish relations between men and women on an equal basis. Most of these couples travelled in the same circles as Russell, and were subject to the same intellectual inXuences. In Marriage and Moralsz—zwritten, ironically, during the time of the slow and painful dissolution of his own second marriagez—zRussell attempted to advocate a rational code of sexual ethics. He believed in openness and honesty about sex and denied that marital Wdelity was the be-all and end-all of morality. The true basis of morality, he said, was respect for the rights and feelings of your partner. Marriage and Morals was far ahead of its time in arguing that so-called “open marriages” (as well as couples living together without going through a marriage ceremony)were perfectly moral, so longas both partners accepted the conditions and did not engage in any deceptive acts. The couples discussed in Uncommon Arrangementsz—zwhile all were involved in relationships that could charitably be called “open”z—zdid not necessarily adhere to Russell’s “no deception” rule. Still, they provide interesting test cases for the idea that you can create a lasting marriage based on your own feelings and ideas without regard for convention. Interestingly, Roiphe does not deal with some likely suspects from this time period: the Lawrences, Woolfs, Eliots, and Bertrand and Dora Russell. In the Wrst chapter, Roiphe deals with the “modus vivendiy” between Wells and his second wife, Jane. Wells rebelled against his convention by Wrst of all divorcing his Wrst wife, Isabel, in 1895, and marrying his cousin Mary Catherine shortly thereafter. As a sign of his domineering personality, he renamed her “Jane”. Wells refused to accept limits on his sexual ambitions. As he put it once, “Except insofar as aTection put barriers around me, I have done what I pleased so that every bit of sexual impulse in me has expressed itselfz” (p. 36). In 1901, Jane gave birth to their son George Philip Wells. It was a troubled birth, and H.yG. ran oT. Instead of becoming angry, Jane understood and promised not to make too many demands on him. Thus their modus vivendiy. H.yG. April 3, 2010 (11:17 am) C:\Users... (shrink)

After four decades of China’s family planning policy, the shrinking family size and increasing life expectancy pose special challenges for the one-child generation in terms of providing care for aging parents. The current study explored young adults’ responses to such pressure by examining their concerns about elder care, attitudes toward nursing homes, and living arrangement after marriage in a sample of 473 Chinese working young adults from six cities in China. Results showed that although most of the young adults (...) reported to have thought about the issue of parents’ elder care, the majority did not worry a lot about it. Only children expressed similar levels of worrying as those with siblings did. However, educational level, rather than sibling status, was systematically related to concerns about parents’ elder care and attitudes toward nursing homes. People with higher education tended to worry less about elder care, and were less likely to consider placing parents in nursing homes as a violation of filial piety. Analyses of the married sub-sample revealed that only children were more likely to co-reside with parents after marriage than those with siblings. And the main reason for co-residence was that the younger generation needed their parents’ help for childcare, rather than to better take care of their parents. Implications for parents’ elder care among Chinese only children were discussed. (shrink)

This article argues for separating the institutions of marriage and parenting, conceptually and legally. Marriage is neither necessary nor adequate for fostering cooperative and stable co-parenting. Because promoting marriage fails to protect all children, the state should develop a more suitable formal mechanism whereby co-parents can commit to cooperate in good faith in order to best serve the interests of their children. Like civil marriage, many of the terms of these contracts are aspirational and not enforceable, (...) though they can guide arrangements for custody and financial support. Co-parenting agreements need not be limited to two parents, nor need they be limited to legal parents, but can include de facto parents, such as stepparents, foster parents, and other support parents. One important aim of these agreements is to recognise and support the valuable work that married or unmarried co-parents perform, and to protect the parental rights of caregivers in different kinds of situations. (shrink)

As is well known, marriage was frequently employed as an instrument of diplomatic policy in premodern Europe. Dynastic leaders used the marriages of their own family members to create or confirm alliances with other ruling houses. Peace was often the aim and the outcome of such agreements, but the reality of marital politics was far more complicated. Arranging a marriage could be a statement of enmity by two families toward a third party. Attempts to dissolve or prevent marriages (...) already arranged by one's rivals amounted to viable political tactics. During the twelfth century, as rules around the formation and dissolution of Christian marriage were in flux, opportunities for manipulation of accepted practices abounded. This article examines a series of marriages between members of the Anglo-Norman and Angevin ruling families, focusing especially on the reign of Henry I, to demonstrate the complexity of marital practices and their links to peace and war. Literary works of the age, notably Geoffrey of Monmouth's Historia Regum Britanniae, offer further cultural perspectives on the nature of political marriages. Whereas short-term tactical considerations meant that marriages were often tied to episodes of conflict and rivalry, from a longer-term perspective the usefulness of marriage as a means of securing and maintaining peace remained an important element of premodern diplomacy. (shrink)

Christopher Bennett has argued that state support of conjugal relationships can be founded on the unique contribution such relationships make to the autonomy of their participants by providing them with various forms of recognition and support unavailable elsewhere. I argue that, in part because a long history of interaction between two people who need each other’s validation tends to produce less meaningful responses over time, long-term conjugal relationships are unlikely to provide autonomy-enhancing support to their participants. To the extent that (...) intimate relationships can provide a unique form of reciprocal support, Bennett fails to show that couples have an advantage over multiple-partner arrangements in doing so. (shrink)

An examination of case law on forced marriage reveals that in addition to physical force, the role of emotional pressure is now taken into consideration. However, in both legal and policy discourse, the difference between arranged and forced marriage continues to be framed in binary terms and hinges on the concept of consent: the context in which consent is constructed largely remains unexplored. By examining the socio-cultural construction of personhood, especially womanhood, and the intersecting structural inequalities that (...) constrain particular groups of South Asian women in the UK, we argue that consent and coercion in relation to marriage can be better understood as two ends of a continuum, between which lie degrees of socio-cultural expectation, control, persuasion, pressure, threat and force. Women who face these constraints exercise their agency in complex and contradictory ways that are not always recognised by the existing exit-centred state initiatives designed to tackle this problem. (shrink)

Many theorists have recently observed that the response to the same-sex marriage controversy most congruent with basic liberal principles is neither the retention of the institution of marriage in its present form, nor its extension so as to include same-sex unions along with heterosexual ones, but rather the ‘dis-establishment’ of marriage. Less commonly observed, however, is the fact that there are two competing models for how the state might effect a regime of disestablished marriage. On the (...) one hand, there is a ‘deflationary’ approach, on which the state ceases to confer marital status, but does remain in the status-conferring business. On this approach, the state would still bestow a certain ‘thinner’, more ‘neutral’ legal status – as it does when it creates civil unions, for instance. Call this the ‘Status Model’ of disestablished marriage. On the other hand, there is an ‘eliminativist’ approach, on which the state ceases to confer any sort of status at all – not even the thin or neutral status of ‘civilly-unioned’. There simply are no registered domestic partnerships. What there is, is contract law, and individuals entering into contracts for life-partnership – contractual arrangements which might assume any of a wide variety of forms. Call this the ‘Contract Model’ of disestablished marriage. In this paper, I explore the merits of these competing models. After briefly discussing what it means to speak of ‘disestablishing marriage’, and examining the case for disestablishment, I proceed to consider the advantages and disadvantages of each model. My tentative conclusion is that the Contract Model is the one that best instantiates cardinal liberal virtues. (shrink)

Opponents of same-sex marriage suggest that legalizing same-sex marriage will start a slide down a “slippery-slope” leading to the legalization of all kinds of salacious family arrangements including polygamy. In this paper, I argue that because previous attempts by liberal political theorists to combat such slippery-slope arguments have been unsuccessful, there are two options left open to political liberals. Either one could embrace polygamy as a logically consistent implication of extending civil liberties to same-sex couples or one could (...) find a new strategy for blocking the slide down the slope. I take the second option arguing that we ought to devise a harm principle for domestic partnerships. Once this principle has been established, it becomes clear that the risk of exploitation for those potentially occupying the multiple side of the marriage is sufficient reason to reject polygamous marriage arrangements. I conclude that, contrary to appearances, holding both same-sex marriage is permissible and polygamous marriage is impermissible is at the same time consistent and consistently liberal. (shrink)

Recently, the US has joined many European jurisdictions in extending civil marriage to same sex as well as different sex dyads. Many liberals regard this as a development worth entrenching. But a prominent recent liberal challenge to civil marriage claims otherwise. According to this challenge, by defining and conferring civil marriage, the state privileges some relationships over others that serve equally well the important liberal goal of fostering effective liberal citizenship, in violation of a prominent interpretation of (...) the doctrine of state neutrality. Theorists who press this challenge, such as Elizabeth Brake and Tamara Metz, argue that it can be met effectively only by dismantling civil marriage and replacing it with more inclusive state-maintained arrangements. So far, prominent responses to this neutralist challenge to civil marriage have focused on the special value of either the relationships to which civil marriage currently extends, or the special value of civil marriage itself. In this article, I develop an alternative reply to this neutralist challenge to civil marriage, one focusing instead on the special vulnerabilities of some of the liberally valuable relationships to which civil marriage currently extends, amorous caregiving dyads. (shrink)

Herodotus’ fateful tale of the seven Persian emissaries sent to seek Earth and Water from the Macedonian king Amyntes has been the subject of increasingly rich discussion in recent years. Generations of commentators have cumulatively revealed the ironies of Herodotus’ account: its repeated hints, for example, of the Persians’ eventual end; and, crowning all other ironies, the story's ending: that, after resisting the indignity of his female relatives being molested at a banquet, and disposing of all trace of the Persian (...) ambassadors and their party, Alexander of Macedon then arranges his sister's marriage to the leader of the search party sent to investigate his disappeared compatriots (Hdt. 5.21.2). More recent readings have gone further in uncovering the mythological archetypes for thelogos, or in tracing its exploration of a number of themes: revenge, guest-friendship, the equation of sexual and military conquest, or the ‘explosion of violence resulting from the contact of two different cultures’. Most fruitful perhaps have been those readings that have seen thelogosno longer as a detached ‘short story’ but in its wider context in theHistories: David Fearn, for example, has stressed the need to understand the presentation of Alexander I in the light of what the reader knows of his subsequent history. (shrink)

This research explores the causes of early marriage and assesses the consequences of early marriage on maternal and child well-being in a district of Nepal. A two week long field operation was carried out to collect data where 126 respondents were selected through convenience sampling methods on the basis of two criteria, including 1) being a married women only who got married before 19 years of age; and 2) those who have children below three years. The interviews were (...) mainly focused on those who have a neonatal child. A structured interview schedule found that early marriage is still prevalent among the illiterate group. A paradigm shift was found in some aspects, such as the shift in decision-making from parents to children, a shift from arranged to love marriages, and from parental pressure to marry to love and fulfillment of sexual desire as reasons for marrying. Most of the respondents have no idea about the legal marriage age and punishment for underage marriage. Most of the respondents suffered from different physical health-related problem including poor maternal and child well-being, weakness, immaturity, miscarriage, sexual problems, no prenatal check up, and/or low birth weight. To deal with the problem a number of strategies have been suggested, mainly providing economic opportunities to young girls, improving the strictness of legal strategies about marriage age, promoting education of girls, and using mass media to increase the awareness of the whole community about the consequences of early marriage on girls themselves and on her children along with their family. Efforts need to be made in the community and other parts of Nepal where early marriage and child marriage is prevalent. (shrink)

This article examines the declining prestige and utility of one of the mainstays of pre-Enlightenment peacemaking: treaties uniting once belligerent dynasties through marriage. By the late Middle Ages, interdynastic marriages had become such a common feature of the diplomatic landscape that the practice seemed almost transhistorical, something that was done always and everywhere. By the reign of Louis XIII, however, statesmen began stressing the limits of interdynastic marriage as a diplomatic strategy. This transformation of French affairs of state (...) coincided with the appearance of prose romances that scholars identify retrospectively as the first French novels. This essay focuses on two of the most popular and influential of these novels, César Vichard de Saint-Réal's Dom Carlos and the Countess of La Fayette's La Princesse de Clèves, as responses to the devaluation of the marriage diplomacy that had established dynastic networks between France and the Mediterranean world for centuries. Both works center on the 1559 Peace of Cateau-Cambrésis between France and Spain, which married Henri II's daughter Elisabeth de Valois to King Philip II. While Saint-Réal does not condemn such arrangements wholesale, he suggests that their success is highly subject to fortune. La Princesse de Clèves owes much to Saint-Réal's portrayal of the personal costs of marriages of state, as well as to Madame de La Fayette's own observations of the French and Savoyard courts. Although her focus on the interior life of her heroine limits explicit political commentary, her allusions to miserably unhappy queens-consort cast marriage diplomacy in an overwhelmingly negative light. (shrink)

L’article se propose d’explorer ce qui est dit du mariage et de l’amour dans la correspondance d’une famille bourgeoise qui couvre plusieurs générations sur un large xixe siècle. Trois épisodes ont été retenus qui permettent d’observer bien des tensions entre mariage arrangé et mariage d’inclination. D’abord, au début du siècle, la correspondance d’un jeune homme à l’aube d’une brillante carrière scientifique explicite les « raisons » sociales et économiques qui déterminent son choix matrimonial. Puis, dans les années 1840-1843, l’échange entre (...) fiancés montre comment se construit le sentiment amoureux dans le respect de l’autorité parentale et des conventions en vigueur. Enfin, en 1858, autre moment stratégique dans le processus d’ascension sociale, la correspondance résonne des tractations menées par la famille pour conclure une union d’intérêt. À toutes ces étapes, il apparaît que les femmes assument leur destin social, qui est vécu et écrit comme une responsabilité face au cheminement des hommes de la famille. (shrink)

The present research examined how a preference for influencing the mate choice of one’s offspring is associated with opposition to out-group mating among parents from three ethnic groups in the Mexican state of Oaxaca: mestizos (people of mixed descent, n = 103), indigenous Mixtecs (n = 65), and blacks (n = 35). Nearly all of the men in this study were farmworkers or fishermen. Overall, the level of preferred parental influence on mate choice was higher than in Western populations, but (...) lower than in Asian populations. Only among the Mixtecs were fathers more in favor of parental influence on the mate choice of children than mothers were. As predicted, opposition to out-group mating was an important predictor of preferred parental influence on mate choice, more so among fathers than among mothers, especially in the mestizo group—the group with the highest status. In addition, women, and especially mestizo women, expressed more opposition to out-group mating than men did. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:“Till Death Do Us Part”? Buddhist Insights on Christian MarriageWioleta PolinskaHigh divorce rates and declining marriage rates in Western societies draw the attention of many scholars to the fragility of contemporary marriages.1 Rampant individualism, permissive divorce law, and softening stance on divorce by mainstream Christian denominations are all listed as culprits responsible for the current marriage crisis.2 These conventional accounts, however, overlook important insights gathered by historians (...) of marriage, insights that point to a dramatic shift in the concept of marriage that occurred more than two hundred years ago. According to Stephanie Coontz, “the invention of the historically unprecedented idea that marriage should be based on love and mutual affection” 3 is responsible for greater fragility, but also for creating good, satisfying marriages that bring much happiness to people’s lives.4 Thus, the very source of fragility (the search for love and mutual affection) is also a source of deep connections and lasting relationships. While the fragility accompanying contemporary marriage is here to stay, our efforts to build strong unions need to be carefully evaluated. In what follows, I will address Christian and Buddhist approaches that aim at protecting the stability of marriage. To strengthen marriage, Christianity, from early on, focused on the permanence of marriage whether understood as a sacrament or, later on, as a covenant. Christian wedding vows that promise love, care, and enduring partnership “till death do us part” capture well the prevailing theology of Christian marriage. In contrast, Buddhism employs a concept of impermanence that implies an ever-changing reality that warrants no finality. Recent studies in psychology of mindfulness meditation show that such Buddhist concepts can translate well into effective skills for those in loving relationships. I will suggest that Christian theology might become more successful at preserving the stability of marriage by becoming less focused on the finality of couples’ bonds, and instead attending to the present reality of couples’ relationships.It is well documented that before the seventeenth century marriages were arranged by parents and fulfilled primarily political, economic, and social functions rather than individual needs. Marriage was seen as a means of enlarging one’s economic enterprise, acquiring powerful in-laws, strengthening military alliances, or (for the less [End Page 29] privileged) enlarging the family’s labor force.5 This is not to say that the notion of romantic love was unknown until the seventeenth century, but that it was not closely associated with marriage.6 In aristocratic courts of southern France, for example, romantic love appeared between an unmarried man and a married woman, and it should have been either unconsummated or adulterous.7 As late as the eighteenth century, a “sudden falling head over heels in love, although a familiar enough psychological phenomenon, was thought of as, a mild form of insanity” and an unreasonable basis for marriage.8 Romantic love became widely accepted only in the nineteenth century under the influence of Enlightenment thought, ideals of the French and American Revolutions and of the romantic movement.9Romantic love as an expression of an individual’s desire for fulfillment has its dark side, as it can unleash selfish concerns. Thus, Robert A. Johnson, a Christian theologian, defines romantic love as “airy, fantasy, projections, and an evanescent high. It is fundamentally egotistical—fixated on its own wants and whims. It can never lay the foundation for personal commitments.” 10 The Vietnamese Buddhist monk Thích Nhất Hạnh (b. 1926) states that love can become a kind of sickness when it forms an attachment, similar to drug dependency. When we are under its spell, we are preoccupied with the object of our love and we desire to control and possess the other. To Ven. Hạnh, this is not true love since “it is only the willingness to make use of the other person in order to satisfy our own needs.” 11 Both Johnson and Ven. Hạnh while criticizing romanticized concepts of love are not giving up on possibility of intimate love. Johnson calls this intimate connection with another person a “human love,” a love that affirms and appreciates another person as she or he actually is, in their totality. Instead of prizing... (shrink)

This cross-sectional study was carried out to investigate the frequency of consanguineous marriage in a group of army conscripts in Ankara and the factors affecting this. Of 4153 soldiers, 387 were married. The rate of marriage between first cousins was found to be 19·1%, and the overall rate of consanguineous marriage was 24·1%. Consanguineous marriage was found to be significantly prevalent among soldiers who were born in and still living in the Eastern region; among those who (...) lived in villages; among those whose parents as well as themselves had low educational levels; and among those whose marriages were arranged by their families. Neither the payment of bride-price nor the presence of consanguinity between parents was a significant factor for consanguineous marriage. In addition, the age of the soldier and the age at marriage were significantly lower among soldiers married to first cousins than among soldiers whose marriages were not consanguineous. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Feminist Studies 45, no. 1. © 2019 by Feminist Studies, Inc. 13 Stephanie Yingyi Wang When Tongzhi Marry: Experiments of Cooperative Marriage between Lalas and Gay Men in Urban China Ang Lee’s film The Wedding Banquet could be classic introductory material for tongzhi studies and, particularly, for research on cooperative marriage.1 In the film, Wai-Tung, a Taiwanese landlord who lives happily with his American boyfriend Simon in (...) New York, is troubled by his parents’ constant efforts to try and find him a bride. His partner Simon suggests he could arrange a marriage of convenience with WaiTung ’s tenant Wei Wei who is from mainland China and is also in need of a green card to stay in the United States. However, their plan backfires when Wai-Tung’s enthusiastic parents arrive in the United States and plan a big wedding banquet. As the film critic and scholar Chris 1. Tongzhi, literally “same purpose,” is the Chinese term for “comrade.” Since the 1990s, it has been appropriated to replace the more formal tóngxìnglìan (same-sex love) to refer to gay men and lalas (same-sex desiring women) in the Chinese-speaking world. The translation of xinghun as “cooperative marriage” is debatable, as xinghun literally means “pro-forma marriage.” In other works, “contract marriage,” “fake marriage,” or “pro-forma marriage” are used to refer to gay-lala marriage. Informed by Lucetta Kam’s work, I use “cooperative marriage ” to highlight that such marriage is not merely functional without sustenance, but is contingent on the cooperation and negotiation between multiple parties in the relationship, as my findings suggest. See Lucetta Yip Lo Kam, Shanghai Lalas: Female Tongzhi Communities and Politics in Urban China (Hong Kong: Hong Kong University Press, 2013), 85. winner of the 2018 Feminist Studies Graduate Student award 14 Stephanie Yingyi Wang Berry points out, analysis of the film rests not on any individual, but on the Confucian family as “it negotiates the interface with globally hegemonic American culture,” suggesting that there exists an understanding of gayness in the context of the family that is distinct in Chinese culture.2 Berry continues to argue that the moral ambivalence produced by the film is structured by different sets of values: the gay person is not merely concerned about individual identity fulfillment, but he also adjusts his actions to satisfy the family expectation; the parents, especially the father figure, is not merely a patriarch with strict moral provisions and standards, but someone who can allow for implicit negotiation to keep the surface harmony as long as he gets a grandson; the woman is not merely an independent agent freed from social constraints, but a bride who is also attached to emotional comfort and conjugal ideals. Just as The Wedding Banquet tactfully reveals one type of cooperative marriage with its mutual benefits and examines the multilayered complexity of each individual player in the marriage game, this research takes as its subject cooperative marriage between gay men and lalas as an exciting departure to understand queer subjectivities and queer kinship intersected with gender, sexuality, class, and tongzhi politics in urban China.3 Though seemingly monolithic, marriage and family have become contested terrains for tongzhi to negotiate their gender performance, queer desires, and aspirations for better lives. The transnational makings of gayness and rights-based identity politics have contributed to the increasing awareness of a cosmopolitan gay identity and the desiring of alternative life choices of Chinese tongzhi, which lays the very foundation of their motivation to seek ways to cope with the heteronormative family model. Coming out and gay marriage are upheld as primary tropes of identity politics, facilitated by the self-identified tongzhi grassroots groups that emerged during the initiation of AIDS work in 1994 for gay men and at the 1995 Fourth World Conference on Women, which gathered hundreds of lesbians from around the world in Beijing.4 How2. Chris Berry, “Wedding Banquet: A Family (Melodrama) Affair,” in his Chinese Films in Focus: 25 New Takes (London: British Film Institute, 2003), 183. 3. Lala is a slang term in China for same-sex desiring women and includes lesbian, bisexual, and trans women. 4. Katie King, “‘There Are No... (shrink)

Households around the world have shifted structurally from a breadwinner/homemaker model to dual-income earning arrangements. What this trend means for marital power has been a contested issue among scholars. Most studies suggest that household power is determined by a complex interplay between each spouse's economic contributions to the household and existing gender norms. Few scholars, however, have examined how this interplay is worked out under particular political-economic conditions. Responding to the dearth of research on the developing world in this area, (...) the author examines a community in Costa Rica where neo-liberal economic restructuring has led to an increase in women's informal work and a decrease in men's income-earning power. Drawing from ethnographic and interview data on married life in Costa Rica, the author analyzes the effect that these trends have on marital power and the division of household labor. The author argues that changing economic circumstances may blur the traditional gender boundaries in Costa Rican households but they do not necessarily erase them. (shrink)

In broad terms, realism, relativism and pluralism can be regarded as the theoretical articulations of the following insights. Realism embodies the sense that what is at stake in our beliefs is something serious, i.e. that there is a fact of the matter, independent from our desire, which is going to decide whether what we believe in is true or not. Relativism, on the other hand, incorporates the realization that our cognitive take on the world is always perspectival, that there is (...) no way to overcome the blind spot which enables the knower to have a world in view at all. Pluralism, finally, draws on the intuition that every human being and every human community cannot fully understand, let alone save themselves, without the help of others’ sense-making efforts. Against the background of Charles Taylor’s philosophy, the core of truth of the above insights will be discussed and arranged to develop an active view of toleration that not only urges us to put up with others, but encourages us to rely on the benefit of coming to terms with different outlooks and ways of life. (shrink)

Will Kymlicka has recently (in Analyse & Kritik 14, 33-56) argued that western liberals are mistaken in assuming that religious pluralism presupposes a commitment to individual rights. He instances the millet system of the Ottoman Empire as a successful form of toleration based on group rather than individual rights. In the course of his argument he makes some remarks about British Muslims and arranged marriages, sexual segregation in education and the Rushdie Affair which are false or highly misleading though (...) typical of the prejudice-cum-ignorance with which British and other intellectuals discuss Muslims. (shrink)

I accept Kymlicka’s admission that his remarks on arranged marriages and sex-segregated education were misleading, and continue to contest his description of British Muslim perspectives on the Rushdie Affair. By not recognising that Muslims are adapting to western legal systems and political culture he contributes to a polarisation and fails to see that liberals do have something to be optimistic about.

This article explores the moral significance of consent in an unjust world by developing the view that the validity of consent depends on its causes. It defends the view that the causes of consent make it valid or invalid. It then shows how this idea helps us to distinguish different ways in which consent might matter morally where it has problematic causes. Finally, it uses this analysis to explore the moral significance of a range of problematic causes of consent, including (...) objectification, arranged marriage, and third-party threats of violence. (shrink)

In this essay, Paula McAvoy critiques a commonly held view that teaching young people to be good choice makers should be a central aim of sex education. Specifically, she argues against David Archard's recommendation that sex educators ought to focus on the development of autonomy and teaching young people that “choice should be accorded the central role in the legitimation of sexual conduct.” Instead, McAvoy argues that under conditions of gender inequality this view advantages boys and disadvantages girls. Juxtaposing a (...) case of a culturally arranged marriage with a spring break scene from Ariel Levy's Female Chauvinist Pigs: Women and the Rise of Raunch Culture, McAvoy shows that focusing on sexual choice making obscures and reifies the unequal social conditions that young people navigate. She concludes by suggesting an alternative that is in line with Sharon Lamb's argument in “Just the Facts? The Separation of Sex Education from Moral Education” that intimate encounters are better governed by attending to our ethical obligations to others. (shrink)

Early expressivists, such as A.J. Ayer, argued that normative utterances are not truth-apt, and many found this striking claim implausible. After all, ordinary speakers are perfectly happy to ascribe truth and falsity to normative assertions. It is hard to believe that competent speakers could be so wrong about the meanings of their own language, particularly as these meanings are fixed by the conventions implicit in their own linguistic behavior. Later expressivists therefore tried to arrange a marriage between expressivism and (...) the truth-aptness of normative discourse. Like many arranged marriages, this has not been an entirely happy one. In particular, the marriage has seemed to depend on so-called deflationist theories of truth, and these may well turn out to provide at best a shaky foundation for any marriage. Before advising the parties to file for divorce, though, we should first see whether expressivism itself has not been misunderstood. I argue that the marriage of expressivism to the truth-aptness of normative discourse can indeed be saved, though only in the context of a version of expressivism I call “Ecumenical Expressivism.”. (shrink)

The marriage of Sally Peris Hughes (1895–1984) and Franz Schrader (1891–1962) in November 1920 launched a highly successful scientific collaboration that lasted over four decades. The Schraders were avid naturalists, adroit experimentalists, and keen theoreticians, and both had long, productive, and fruitful careers in zoology. They offer an extraordinarily rich case study that provides an insightful view of the work carried out in several areas of the life sciences from the 1920s to the 1960s—fieldwork, cytology, cytogenetics, and entomology—as well (...) as critical aspects of the social world of contemporary science. By focusing on the fieldwork the couple carried out in Mexico and Central America in the late 1920s and early 1930s, this paper seeks to illuminate how this collaborative scientific marriage embodies a collective, complex, and integrated personal and social arrangement that served to enhance both knowledge production and disciplinary development in several areas of science. It also reveals ways in which marriage could serve as a means to help both parties navigate and negotiate restrictive sociocultural norms and institutional arrangements in science involving gender, power, and authority in the early twentieth century. (shrink)

The value and importance accorded to personal autonomy within liberalism would seem to suggest that cultural practices that severely constrain the choices of individuals through heavyhanded role socialization and restriction ought to be strongly discouraged in liberal societies. In this paper, I explore this claim in connection with the custom of arranged marriage, which has recently come under fire in some liberal democratic states, notably Britain. My aim is to try to complicate the liberal understanding of the relationship (...) between cultural traditions and personal autonomy. In the course of this discussion, I analyze and offer some criticisms of autonomy as a substantive ideal and requirement for flourishing. In revisiting and evaluating arguments in favor of a thick or substantive ideal of autonomy criticisms, I hope to show that a substantive ideal of autonomy as independence is culturally bounded in ways that are often overlooked by liberal philosophers. (shrink)

Is romantic love a particularly Western and modern phenomenon, as many social theorists argue, or a universal experience, as sociobiologists claim? This article argues that both these approaches err in taking sexual attraction as the essential characteristic of romance, whereas historical and personal accounts stress idealization of a particular other. Romantic love is properly defined as an experience of transcendence and is elaborated in cultural configurations of three basic types. The first is in hierarchical and internally competitive societies where (...) class='Hi'>marriage is a political matter and romantic relations are always adulterous and often non-sexual; the second is in individualistic, fragmented and fluid societies where love and marriage go together; the third is in highly structured disharmonic societies where romantic ties between youth are severed by arranged marriages. (shrink)

Understanding female sexuality and mate choice is central to evolutionary scenarios of human social systems. Studies of female sexuality conducted by sex researchers in the United States since 1938 indicate that human females in general are concerned with their sexual well-being and are capable of sexual response parallel to that of males. Across cultures in general and in western societies in particular, females engage in extramarital affairs regularly, regardless of punishment by males or social disapproval. Families are usually concerned with (...) marriage arrangements only insofar as those arrangements are economically or politically advantageous, but females most often have a voice in arranged marriages. Extended families also concentrate on a couple’s future reproduction rather than on sexual exclusivity. Although marriage for females is often compromised by male or family reproductive interests (which may not in fact differ from female interests), females appear to exercise their sexuality with more freedom than has previously been suggested. Notions of human females as pawns in the male reproductive game, or as traders of sex for male services, should be dispelled. (shrink)

In the paper, I try to cast some doubt on traditional attempts to define, or explicate, moral responsibility in terms of deserved praise and blame. Desert-based accounts of moral responsibility, though no doubt more faithful to our ordinary notion of moral responsibility, tend to run into trouble in the face of challenges posed by a deterministic picture of the world on the one hand and the impact of moral luck on human action on the other. Besides, grounding responsibility in desert (...) seems to support ascriptions of pathological blame to agents trapped in moral dilemmas as well as of excess blame in cases of joint action. Desert is also notoriously difficult, if not impossible, to determine (at least with sufficient precision). And, finally, though not least important, recent empirical research on people’s responsibility judgments reveals our common-sense notion of responsibility to be hopelessly confused and easily manipulated. So it may be time to rethink our inherited theory and practice of moral responsibility. Our theoretical and practical needs may be better served by a less intractable, more forward-looking notion of responsibility. The aim of the paper is to contrast the predominant, desert-based accounts of moral responsibility with their rather unpopular rival, the consequence- based accounts, and then show that the latter deserve more consideration than usually granted by their opponents. In the course of doing so, I assess, and ultimately reject, a number of objections that have been raised against consequentialist accounts of moral responsibility: that it (i) doesn’t do justice to our common-sense theory and practice of responsibility; (ii) ties responsibility too closely to influenceability, thereby exposing itself to the charge of counter-intuitivity; (iii) assigns undeserved responsibility (praise, blame) to agents; (iv) confuses ‘being responsible’ with ‘holding responsible’‚ and (v) provides the wrong-kind-of-reason for praise and blame. My negative and positive case may not add up to a knockdown argument in favor of revising our ordinary notion of responsibility. As long as the considerations adduced succeed in presenting the consequentialist alternative as a serious contender to a pre-arranged marriage between moral responsibility and desert, however, I’m happy to rest my case. (shrink)

National identity and attachment to national culture have taken root even in this era of globalization. National sentiments find expression in multiple political spheres and cause troubles of various kinds in many societies, both domestically and across state borders. Some of these problems are rooted in history; others are the result of massive global immigration. As US Secretary of State John Kerry tries to broker a new round of Israel-Palestine peace talks, the Israeli government continues expanding its settlements in disputed (...) territories. As this proposal is being written, Japanese citizens are debating whether their politicians should visit the Yasukuni Shrine (靖國神社), where the spirits of fourteen Class A war criminals from WWII and more than one thousand others convicted of war crimes by the International Military Tribunal for the Far East are honored with a distinguished resting place. As the Chinese government’s plan to bring economic prosperity to the Xinjian province unfolds, ethnic conflicts between Han Chinese and local Uyghur Muslims intensify. Tibetans still demonstrate to the Chinese government, some through the dramatic sacrifice of self-immolation, their determination to pursue a Tibet that is truly free and autonomous. The recent inflow of Muslim immigrants across Europa and North America forces those liberal democratic societies to rethink the meaning of multiculturalism. Should the state respect Muslim women’s freedom to wear burkas in public? What about other aspects of certain Muslim traditions such as arranged marriages or the honor killing of teenage girls who see boys their parents do not approve? Since these immigrants voluntarily moved from their homeland to a new society, do they have a duty to give up such practices, which conflict with their new societies’ fundamental commitment to individual autonomy? Eric Hobsbawm suggests that nationalism is a contingent phenomenon in history—it arises with important historical events such as industrialization and print journalism; eventually, it will disappear. Anthony Smith, on the other hand, argues that nationalism is deeply rooted in the human need for collective faith and dignity. How should we understand today’s nationalism? Is it a transient phenomenon that eventually will be eradicated from the world, or is it a timeless issue that confronts and will remain a challenge for every society? Is the conventional distinction between civic and cultural nationalism still relevant or helpful? The problems and ongoing challenges of nationalism are very much alive throughout East Asia where the myth of ethnically and culturally homogeneous nations is still paramount. In addition to the examples provided above, East Asian societies are increasingly multicultural, inevitably forcing their governments to come up with new immigration and border-control policies, revisit their laws regarding labor policies, sociopolitical discrimination, socioeconomic welfare, and, more fundamentally, rethink the constitutional make-up of the citizenry and the ideal of social harmony, one of their most cherished political values. Nevertheless, contemporary theoretical analyses, whether philosophical or empirical, of the phenomena surrounding nationalism, in all its forms, are almost exclusively focused on cases in western cultures and societies, preventing the East Asian people from developing a coherent idea of who they are or should be in a way that can track their deeply-held values and norms (such as Confucianism). One of the primary aims of this conference therefore is to address this ongoing neglect and explore new concepts and theories that are socially relevant in East Asia. Not only will this provide access to the particular experiences of nation, citizenship, and nationalism throughout East Asia but it will bring to bear philosophical concepts, approaches, and styles of reasoning about them that currently are not part of this critical debate. Providing an opportunity to hear these distinct and different East Asian voices and opening up these conceptual and methodological resources to scholars around the world will greatly advance the understanding and appreciation of nationalism. In addition to this primary aim, the proposed conference will achieve two other, novel, and important goals. First, by design, it will bring to bear a multi and interdisciplinary approach to the problems of nationalism. We are not privileging either conceptual or empirical studies in the organization of our conference and will bring together philosophers, political scientists, sociologists, and historians, making every effort to invite scholars who explicitly employ or are interested in exploring different and at times hybrid approaches. Second, we will draw together scholars from around the world: China, South Korea, Japan, Taiwan, North America, and Europe, including leading figures in the field, who will serve as keynote speakers for the conference. Combining these two additional goals will enable us to organize a uniquely diverse conference, both in terms of intellectual discipline and national origin. Along with our primary aim of introducing East Asian voices and theories, this will make our event original, distinctive, and unprecedented in value. Our age is one in which it is unavoidable for people of different cultural backgrounds to live together in many different places. For the sake of justice and stability, a comprehensive re-examination of nationalism is both urgent and necessary. (shrink)

In this paper the authors deal with the story of Saman Abbas, an 18-year-old girl of Pakistani origin, who disappeared in Italy and was killed by her family after she refused an arranged marriage. The case raised a public debate between right-wing parties, who accused the left-wing parties of being culpably blind to the danger of Islam and too tolerant towards illiberal cultures, and left-wing politicians who responded equating Saman’s murder with the domestic killing of Italian women. We (...) argue that neither position does justice to Saman’s story. We hold that Saman’s case is an example of intersectional oppression where gender oppression is intertwined with the immigrant’s oppression in a Western democracy. Thus, we counter the dilemma posed by Susan Okin, namely that there is an inherent conflict between the rights of minority cultures and the rights of women. In order to rebut Okin’s position, we rehearse multicultural positions concerning the protection of minority cultures, on the one side, and feminist positions regarding the promotion of autonomous choice, on the other. Our conclusion is that (a) multiculturalism cannot be identified with cultural rights, and (b) that what are autonomous choices and what are, instead, adaptive is difficult to ascertain and, especially, difficult to apply in politics. Structural oppression is instead the key normative notion for addressing equality among genders and among citizens at large. The intersectional oppression suffered by women like Saman cannot be addressed by a restriction of toleration for immigrant cultures or simply by security measures. To prevent more cases like Saman’s in the future, the immigrant oppression should be taken seriously as well. In the context of fairer terms of inclusion, conditions of reciprocal trust between minority and majority may develop and the deconstruction of the patriarchal view of family can start. (shrink)

The discourse among medical and scientific communities on hymen restoration is largely missing the voice of women affected. This article calls for a more nuanced reflection on women’s real life experiences and the complexities inherent in the negotiation process about the surgery going beyond “ideologies” and the extremes of rape and threats to life. By taking the clinical experience of a woman who requests restoration surgery before her arranged marriage, this article illuminates the grey zone beyond these extremes (...) and explores an individual woman’s options for making her own choices. (shrink)

This article examines the impact of education on South Asian women's participation in traditional practices of `arranged marriages' and dowries. It is based upon research carried out by the author in East London. Sixty in-depth interviews were conducted with South Asian women, as well as participant observation of living with a South Asian community for a period of six months. The article explores which women participate in `arranged marriages' and receive dowries and which do not. The data indicate (...) that women with high levels of education are rejecting certain aspects of their traditions. However, women who continue the practices of `arranged marriages' and dowries have lower levels of education. They feel the continuation of such practices are part of their own South Asian identity in British society. The research demonstrates that women's level of education affects their participation in traditional South Asian practices. For some British-born South Asian women a process of redefinition is taking place. Their identities are shifting, complex and multifaceted and take on new meanings as they choose whether or not to participate in South Asian traditions. (shrink)

The objective of this article is to analyse the tension between diversity and gender equality, looking at problems and potentials for inclusion of minority women in the Danish citizenship model. It addresses the intersection of gender and ethnicity, focusing on two main themes. One is the gender‐political challenge of combining the discourse and politics of gender equality with respect for diversity in cultural values, family forms and gender‐equality norms. This theme explores the extent to which the dominant understanding of gender (...) equality in public and private life is a potential or barrier for recognizing diversities among women, and it discusses how to empower minority women in their daily lives. The other is the democratic challenge of including the voices of minority women in politics and combine equal rights of ethnic minorities with respect for cultural diversity. This theme explores the extent to which the egalitarian political culture and democratic institutions represent a potential or a barrier for recognizing cultural differences and discusses how to empower minority women and give them a voice through democratic politics. (shrink)

This paper responds to arguments that polyamorous groups or care networks do not qualify for equal treatment with marriages. It refutes the points that polyamory is inherently hierarchical or unstable, that there are too few people in such arrangements to mount an argument for recognition, that polyamory harms children, and that there are insurmountable legal and practical hurdles to network marriage. Finally, it respond to the charge that extending recognition to polyamorists will devalue the recognition of same-sex marriage.

I argue that women in traditional marriages are a vulnerable source for kidneys and this vulnerability gives rise to exploitative donation arrangements made within families. In so doing, I critique Alan Wertheimer’s account of the impact that emotional closeness between participants in an agreement has on the wrongfulness of exploitation. I propose a regulated market scheme that is not only less exploitative than our current donation scheme, but also resolves a variety of other moral problems that typically arise in real (...) and imagined kidney sale scenarios, problems that render markets “noxious,” according to Debra Satz. (shrink)

This paper advances a Millian concept of care by re-evaluating his defense of the “common arrangement,” or a gendered division of labor in marriage, in connection with his views about traditionally feminine capacities, time use, and societal expectations. Informed by contemporary care ethics and liberal feminism, I explicate the best argument Mill could have provided in defense of the common arrangement, and I show that it is grounded in a valuable concept of care for care-givers. This dual-sided concept of (...) care theorizes care-giving both as a domain of human excellence and as labor with accompanying burdens. Liberal feminists should adopt this Millian concept of care, which can then inform principled thinking about distributive arrangements. (shrink)

Polygamy is a highly controversial topic and the object of serious political contestation in Indonesia. Although all major Muslim organizations consider polygamy is allowed under Islamic Law, the practice is not without stigma. In 1974 when Indonesia adopted its current Marriage Law, the Indonesian parliament decided to tie polygamy to strict conditions. This law however failed to prevent the practice of unregistered polygamous marriages. Women in unregistered polygamous marriages formally hold no rights as lawful wife in case of a (...) divorce or death of the husband. The question is what arrangements the second, third or fourth wife in unregistered polygamous marriages have made with their husband in view of the lack of legal recognition of their rights as wife. What are the consequences of non-recognition of their marriage for these women? Does legal insecurity in practice also mean economic and social insecurity? Does the husband fulfill his obligations and responsibilities towards his wives and their families? This article aims at answering those questions by looking in-depth at a selection of three case studies, which were collected during a total of nine months of research in Jakarta in 2015 and 2016. This article is part of the socio-legal domain, combining legal analysis with anthropological approaches. The starting point of the research is a legal one: the disadvantaged legal position of women whose polygamous marriage has not been registered, but a large part of the research is based on anthropological methods. Through the experiences of these women the paper will reveal a range of personal reasons and underlying causes for unregistered Islamic polygamous marriages as well as their consequences–including legal ones. The paper will depict a great diversity in legal reasoning, socio-economic considerations, religious reflections and daily life dilemmas of these individual women living in unregistered polygamous marriages. (shrink)

Polygyny, the marriage of a man with more than one woman at the same time is a well-known practiced in human history. Islamic law accepts the institution of polygyny as a substitute provision if it fulfills the certain conditions and reasons, -and limited the maximum number of wives to four. Although polygyny is mubah (permissible) in Islamic law, it is not an absolute right that every man can use arbitrarily. Thus in Islamic law, the legitimacy of polygyny has been (...) attributed to the presence of two basic conditions: the observance of justice among co-wives and providing maintnance. However, the observance of these conditions that is left to the mercy of men leads to the exploitation of the right for practicing to polygyny and victimization of the first spouse. Therefore, inserting some restrictions for using this right has come to the agenda from time to time in Islamic legal history. The first legal arrangements concerning the restriction of the polygyny (taaddud al-zawjāt) in the history of Islamic law were indirectly made with the Family Law Decree of 1917 which was prepared in the last periods of the Ottoman Empire. Among the late Islamic jurists, the issue of the limitation of polygyny by public authority in Islamic law continues to be discussed. The civil laws of contemporary Muslim countries contain different regulations on the issue. In this article, the restriction of polygyny by the public authority in Islamic family law will be focused on.Summary: Polygyny, the marriage of a man with more than one woman at the same time is a well-known practiced in human history. Islamic law accepts the institution of polygyny as a substitute provision if it fulfills the certain conditions and reasons, and limited the maximum number of wives to four. Thus, relevant verses in the Qur’an (al-Nisa 4/3, 129) and the Prophet’s own practice (al-Ahzab 33/50, 51, 59 al-Tahrim 66 / 3-5) show that it is legitimate for a man to marry more than one woman (up to four) at the same time in Islamic law. Although polygyny is legally permissible (mubah) in Islamic law it is not an absolute right that every man can arbitrarily use. Thus in Islamic law, the legitimacy of polygyny has been attributed to the presence of two basic conditions: the observance of justice among co-wives and providing maintenance. On the other hand, there may be some exceptional circumstances permitting polygyny in Islamic law. For example, when female population is much more than male in the society and when a, woman is can not fulfill her family duties due to her cureless illness, polygyny is permitted in Islamic law.As it can be understood from the explanations above, polygyny in Islamic law is not a general and mandatory provision that should be applied by every man who has legal capacity to marry. On the contrary, it is an exceptional provision that is justified if there are certain conditions and justifications. According to this; polygyny is a moral and legal institution that is made up of mutual consent based on individual and social conditions and needs in Islamic law. Therefore, men do not have to marry a second woman on their current wives, as well as women have the right to say “no” to marry a married man as a second wife.When the conditions and rationales indicated in the relevant verses and doctrine are evaluated together, it can be said that in order to be able to legitimize the polygyny in Islamic law, there must be three basic conditions:(1) Observing justice among spouses, (2) Having sufficient financial power to provide maintenance for spouses, (3) Existence of individual or social need or necessity.Therefore, in order to prevent the exploitation of polygyny, which is justified under certain conditions and justifications in Islamic law, the above-mentioned conditions must be fulfilled. Otherwise, polygyny can cause some problems, unrest and injustice for individual, family and society. Hence, in the presence of certain conditions and justifications, polygyny accepted in Islamic law as a moral and legal institution aiming the elimination of individual and social arbitration.Although the legitimacy of polygyny in Islamic law depends on the existence of certain conditions and special circumstances, it is a known fact that they are not always observed in practice. It can be said that the right of polygyny is a subject of abuse in practice. Therefore, the limitation of polygyny by the public authority has come to the fore in Islamic legal history. Today, control of the public authority and inserting some restrictions of polygyny continue to be discussed among the Islamic jurists. In the past, it is possible to say that the control of the exercising of this right has been done relatively by society (social environment). However, nowadays, since the society cannot perform the control mechanism, it is brought up by the state (public authority) on behalf of the society.Among the contemporary Islamic jurists regarding the supervision or limitation of polygyny by the public authority; there are two approaches: “those who accept” and “those who do not accept” such restrictions.Islamic jurists, who accept that public authority is allowed to intervene in polygyny, grounded their views on two perspectives: The first is that the polygyny is legally permissible and the public authority has the authority to limit the permissible (mubah) in Islamic law. The second is that polygyny is restricted with the conditions in the Qur’anic verses such as “husband’s observation supervision of justice among his wives” and “having the power for ensuring the livelihood (nafaqa) of his wives” and it is more appropriate for the benefit of society and the purpose of the legislator (Shari’) to be subject to the control of the public authority whether these conditions are present or not. Islamic jurists, who do not agree that the public authority has the right to intervene in polygyny grounded their views on two perspectives as well: First, polygyny is a legitimate right mentioned in the verses in Islamic law and there is no definite proof that this can be prohibited or restricted by the public authority. Secondly, it is contrary to the verses to prohibit or limit the right that the Qur’an makes legitimate (free).Thus, it is possible to say that the opinion which accepts that the public authority has to limit polygyny is more accurate in terms today’s social conditions. Namely, polygyny is linked to two basic conditions: ”husband’s observance of justice among his wives and having the power to provide maintenance for his wives. Therefore, supervision of the public authority on checking the existence of these conditions is more appropriate for the purpose of the legislator (Shari legitimizing polygyny and social benefit.In fact, the Ottoman Family Law Decree of 1917 indirectly limited the right of the husband to marry more than one woman, giving the woman right to stipulate a condition in her marriage contract that her husband not to marry a second woman. In the 1924 Draft of Family Law Decree, which was prepared after the repeal of the Family Law Decree of 1917, but not enacted, it was proposed that the application of polygyny should be presented to the approval judge.In today’-s Muslim countries, there are three different practices: namely “completely prohibiting polygyny”, ”releasing polygyny” and “giving the court the right to monitor the existence of necessary conditions “. In countries such as Morocco, Algeria, Iraq, Syria, Indonesia, Malaysia (and Pakistan), the validity of polygyny depends on the permission and supervision of the judiciary. Some of these countries which have accepted judicial review have given the judicial control for the requirement of justice, some of them the conditions of justice and maintenance some of them for the conditions of justice, maintenance and a legitimate justification.In sum, in accordance with the provisions of the relevant verses, polygyny in Islamic law is legitimately permissible (mubah). However, the public authority has the right and authority to limit the mubah in Islamic law in the case of the elimination of damage and the necessity of the public interest. On the other hand, the public authority has the right and authority to enact the law in Islamic law by preferring one of the existing ijtihads that meet the needs of the society and conforms to the conditions of the age.According to this, when the public authority made a statutory regulation that links the use of right of polygyny to the permission of the judge, this regulation is binding on society.Therefore, in the event of such a legal arrangement, it is possible for the public authority to allow the men who comply with the conditions and not to allow the ones who are not to comply with the conditions after conducting the necessary investigation. As a matter of fact, now Family Laws of many Muslim countries now include such legal arrangements. It is also worth mentioning here that there may be a necessity for a man to marry more than one woman (up to four) at the same time in terms of social benefits, when the population of male and female in a society is excessively disproportionate. In such circumstances, it is also possible that the public authority encourages, or even mandates, the marriage of men who have fulfilled the conditions to more than one woman. (shrink)

A necessary companion to the acclaimed Stone Reader, Modern Ethics in 77 Arguments is a landmark collection for contemporary ethical thought. Since 2010, The Stone—the immensely popular, award-winning philosophy series in The New York Times—has revived and reinterpreted age-old inquires to speak to our modern condition. This new collection of essays from the series does for modern ethics what The Stone Reader did for modern philosophy. New York Times editor Peter Catapano and best-selling author and philosopher Simon Critchley have curated (...) an unparalleled collection that illuminates just how imperative ethical thinking is in our day-to-day life. Like its predecessor, Modern Ethics in 77 Arguments explores long-standing ethical and moral issues in light of our most urgent dilemmas. Divided into twelve sections, the book opens with a series of broad arguments on existence, human nature and morality. Indeed, “big” questions of the human condition are explored by some of our best-known and most accomplished living philosophers: What is the meaning of our existence? Should we really “do what we love”? How should we respond to evil? Is pure altruism possible? Along with these examinations of timeless moral conundrums, readers will find arguments in the more contentious areas of religion and government: Can we have a moral life without God? Does it really matter if God exists? Is patriotism moral? Accessible and provocative, these pieces expose the persistence of the most basic themes and questions of moral and ethical life. Many of the essays stress the crucial importance of directly engaging the most pressing moral dilemmas in modern life. Should we be the last generation, knowing all the harm we’ve done to our planet? Should we embrace our inner carnivores, or swear off all animal products? From gun control and drone warfare to the morals of marriage and reproduction, readers will view familiar debates in new, surprising lights. The editors have meticulously arranged this book to reflect a wide range of perspectives, voices and rhetorical strategies. By directly addressing some of the most complex and troubling issues we face today—racial discrimination, economic inequality, immigration, citizenship and more—the volume reveals the profound power of ethics in shaping our perceptions of nearly every aspect of our lives. A jargon-free, insightful compendium, Modern Ethics in 77 Arguments offers a panoramic view of morality and is a critical addition to The Stone Reader that will energize and enliven the world of ethical thought in both the classroom and everyday American life. Including… The Meaningfulness of Lives by Todd May * A Life Beyond “Do What You Love” by Gordon Marino * Evolution and our Inner Conflict by Edward O. Wilson * Morals Without God? by Frans de Waal * Does It Matter Whether God Exists? by Gary Gutting * The Moral Hazard of Drones by John Kaag and Sarah Kreps * Can Refugees Have Human Rights? by Omri Boehm * Dear White America by George Yancy * Girlfriend, Mother, Professor? by Carol Hay * The End of “Marriage” by Laurie Shrage * When Vegans Won’t Compromise by Bob Fischer and James McWilliams * Should This Be the Last Generation? by Peter Singer. (shrink)