Purpose– The aim of this study is to examine interpersonal trust in Muslim matrimonial sites from a male perspective. Specifically how users perceive interpersonal trust in MMS; what are the signs of lack of trust in MMS ; and what strategies do users adopt to handle the lack of trust in MMS.Design/methodology/approach– This empirical qualitative study used ethnographic techniques to collect data. In addition to briefly observing five MMS, the study conducted semi-structured interviews with ten participants, who were all males, (...) between the ages of 25-35, and residing in different locations, including the USA, the UK, the UAE, Australia and Bahrain. While the interviews focused on participants' experience in MMS, the analysis of these interviews focused on the issue of trust in these sites.Findings– The analysis has revealed that participants associated trust with “risk taking”, “reliance” on one's abilities, “self-confidence” and honesty with the first three being the major themes that transpired from the analysis of data. The analysis has also revealed three signs of lack of trust in MMS. Users expressed concern over a large number of members' profiles being fake; they appeared suspicious about these sites and approached them with caution and felt intimidated by the unrealistic expectations members placed on them. However, it was found users adopted several strategies to handle the lack of trust in MMS including using their communication skills to study others carefully, doing “police work” to uncover any inconsistencies in their statements, “interrogating” them using a pre-developed list of questions and involving their family members in their negotiations.Originality/value– Despite MMS immense popularity within the Islamic world, with the exception of a few articles, there are not many articles available in the academic literature on them. This article seeks to address this imbalance. (shrink)

This volume addresses the study of family law and society in Europe, from medieval to contemporary ages. It examines the topic from a legal and social point of view. Furthermore, it investigates those aspects of the new family legal history that have not commonly been examined in depth by legal historians. The volume provides a new 'global' interpretative key of the development of family law in Europe. It presents essays about family and the Christian influence, (...) class='Hi'>family and criminal law, family and civil liability, filiation (legitimate, natural and adopted children), and family and children labour law. In addition, it explores specific topics related to marriage, such as the matrimonial property regime from a European comparative perspective, and impediments to marriage, such as bigamy. The book also addresses topics including family, society and European juridical science. (shrink)

The Christian Church was intimately involved in the life of an individual within a family. Between state and church there was a mutual cooperation, the church having the right to exercise its moral jurisdiction, while the state controlled the civil and military aspects of family life, as well as children’s and wives’ inheritance and welfare. With the institution of an absolutist government in Transylvania in the 18th–19th centuries, the rela-tion between state and church changed, as the secular power (...) began to claim rights over the church and to subordinate it, limiting the coercive power of the church as a moral instrument. As the processes of secularisation and modernization gained ground, the church gradually lost its prerogatives to state institutions, a process reaching completion with the series of laws passed between 1894 and 1895 by the Hungarian state, whereby all registry documents concerning marital status, matrimony, and divorce came under state jurisdiction. (shrink)

On 3 June 2008 the National Family Policy Concept was adopted by Seimas that states the goals and principles of the state family policy and several times refers to historical and scientific experience. The present article aims to reveal the historical and legal experience of the ancient Rome that laid foundations of contemporary private law and to compare the goals of the National Family Policy Concept and the state policy of the ancient Rome regarding family issues. (...) The concept of family framed by the National Family Policy Concept is based on matrimony. This is why the authors of the article focus on Roman matrimony. Having discussed the ancient Roman concept of marriage and Roman state policy regarding issues of matrimony and family and comparing it with the aims of the National Family Policy concept it might be stated that policy of encouraging family and promoting family relations based on matrimony that is provided by the Lithuanian state is not a new invention but may also refer to legal resolutions of the ancient Rome. (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 article analyses, in a comparative perspective, the phenomenon of the evolution of the protection of surviving spouse’s inheritance rights in France and Lithuania, the two legal systems historically having some points of interaction. The protection of the surviving spouse is one of the major preoccupations of married couples of today, the couple occupying a central role within the contemporary family. Comparative analysis reveals certain points of convergence between these two legal systems inasmuch the surviving spouse is considered by (...) both legislations as an heir ab intestat and whose protection over the years has been considerably strengthened. The surviving spouse is called to inherit alongside with the heirs of the first or second order and is entitled to the proportions in assets that have not ceased to increase. Lithuanian law seems to have been innovative at an earlier stage than French law, as it is only in the beginning of the 21st century that significant reforms were carried out in this area of law in France. Analysis has also revealed apparent differences in the scope of protection of the surviving spouse, both in regards to the protection provided by law (statutory protection), as well as protection organised by the will of the spouses (voluntary protection). In some respects the statutory protection is more extensive in France (for example, complementary statutory rights of the spouse in regards to the dwelling place or the quality of héritier réservataire) and the instruments of this protection seem to be more varied (for example, the possibility for the spouses to organise their matrimonial regime by inserting specific clauses into the nuptial contract, mechanisms outside the nuptial contracts, such as donations, wills or life insurance contracts). However, this protection might appear to be more extensive under Lithuanian law as far as the voluntary protection is concerned taking into account the introduction, by the new Lithuanian Civil Code of 2000, of the joint will of spouses under which the whole property of the deceased spouse shall be inherited by the surviving spouse (except the mandatory share of succession). The article raises some doubts as to the desirability or even feasibility of aligning the two models of protection given the fact that each of the two countries has its own history and traditions. Nevertheless, a proposition resurges from the analysis in regard to the possible improvement of the protection of the rights to the dwelling place of the surviving spouse under Lithuanian law. Some elements from the existing French model could be transposed given that the dwelling place is an essential family element providing some stability for the surviving spouse. (shrink)

This case note considers the Court of Appeal decision in Royal Bank of Scotland v. Etridge (No. 2) and other appeals [1998] 4 All E.R. 705. It concerns the familiar scenario of a wife jointly mortgaging (or providing a guarantee for a mortgage of) the family home in order to secure financial support for a business run by her husband. The House of Lords decision in Barclays Bank v O'Brien [1994] A.C. 180 has given rise to a range of (...) litigation in this area, and the spotlight has now moved from the banks to an examination of the quality of advice given by solicitors. The banks have heeded the warnings in O'Brien and now insist that wives are told to obtain independent legal advice. It will be seen that, following Etridge, if the bank tells the solicitor to give the wife legal advice upon undertaking the transaction, that will be sufficient to protect the bank, notwithstanding that the advice was either inadequate or even not actually given. The onus to ensure that proper advice is given is shifted squarely on to the solicitor. The note concludes that the decision is indicative of the shift of judicial opinion against wives seeking to avoid charges over matrimonial homes and in favour of banks. (shrink)

This paper describes the matrimonial and reproductive behaviour of Italians who migrated to Belgium after the Second World War. Migrants were either already married, or later became married, to other Italians. Among the children of migrants, men equally chose Italian or Belgian wives but women tended to prefer Italian partners. Italian-Belgian marriages were more frequent among the better educated groups. Family size is smaller among migrants marrying after migration and in heterogamous marriages. Significant differences in birth intervals are found (...) when marriage occurred before or after migration, between generations, and between homogamous and heterogamous marriages. (shrink)

This article presents newly discovered data that provides new insights into eighth- century Nepalese history. The data is based on a stone inscription dated to Licchavi Saṃvat 173 (748 ce), here edited and translated for the first time. The inscription not only attests to the continuity of Licchavi dynastic rule through to the middle of the eighth century CE, but additionally reveals a matrimonial and military alliance between the Licchavis and a dynasty called Rāṣṭrakūṭa, possibly the Rāṣṭrakūṭa family attested (...) in the Indragaḍh inscription dated Vikrama Saṃvat 767 (710–11 CE). In contextualizing the historical data that can be extracted from the surviving portions of the inscription, we examine and reassess some of the strategies used by the Licchavi Kingdom to negotiate its position in the tumultuous political landscape of greater North India during the seventh and early eighth centuries. In the introduction and annotations, the article also provides observations on the inscription text’s literary style and script, as well as on certain aspects of Licchavi- period religious culture as reflected in it. (shrink)

One of the issues with introducing animal rights law is whether the problem is quantitative or qualitative, whether it can be achieved by working within existing legal paradigms or whether it requires a new set of paradigms. The answer is fundamental: a quantitative problem can be solved by applying more of the same solutions, while a qualitative problem requires completely different solutions. The qualitative camp can be represented by, say, Professor Gary Francione, demanding not only rights for animals but that (...) they have personhood and are no longer considered “property.” The quantitative approach can be finely represented by Professor David Favre, who has argued for many years that we can make progress by developing existing legal principles to give some rights to some animals, and he does so eloquently in his new book. He is clear in his view that progress is, and can continue to be, made with a series of steps, as he puts it, “climbing the slippery slope toward personhood” (p. viii).His case is supported by looking backward—progress made in establishing the rules governing humans in their relationships with animals—as well as forward to developments that will support continuing improvement in the lives of animals, not least the potential for technology (for example, through cell- and plant-based meat). At the same time, he also rightly rejects the concepts of animal welfare and animal rights being at odds, let alone either of them being a panacea for better lives for animals.One aspect of animal law that Favre believes does need to change is that of property status. As he says, the status of animals as personal property is “critical to the future of animal law” (p. 25). In general, the solutions have been largely binary—that animals simply cannot be property for them to have meaningful rights or that animals can be property and still have rights. The former makes intuitive good sense (and is consistent with the objectives of the human abolitionist movements) but would have enormous effects on economic activity throughout the world. The latter is appealing because it does not change the current paradigm, so can be developed more easily.Favre's premise is that we are moving toward rights for animals, so we need to find a way of integrating animals into the current legal system rather than having to destroy and reconstruct the legal system. His ingenious solution is to propose a fourth category of property, alongside real, personal, and intellectual property: “living property.”Within this category, he envisages using the common law concept of the trust to provide equitable “self-ownership,” where an animal has equitable “ownership” while a human retains legal “ownership.” He then connects this concept to adaptations in other aspects of law that start to recognize the selfhood of animals, creating a platform onto which broader and deeper rights for animals can develop, such as the status of “animalhood” (p. 72) and the corresponding legal right of consideration before decisions are made by the state affecting an animal's fundamental interests (such as continuing to be alive). By putting animals in a separate class—rather than uncomfortably leaving them in personal property—he creates a possible route for animal rights that seems less paradigm-busting than removing them from being property altogether.Drawing on evidence from criminal law, tort law, equity (trusts), property law, and family law, he shows how in many places—with a focus on states in the United States—existing laws are being adapted (“green shoots” p. 81) to recognize that animals are more than personal property, in ways that cannot be explained simply through the growth of regulations. For example, family law is starting to recognize that in the division of matrimonial assets, companion animals cannot be treated simply like any other personal property such as a table or a car based on who paid for them. Because animals are “living property,” the courts should take account of other aspects, such as who cared for the animals and who looked after them. Similarly, the concept of extending trust law so that an animal can be the beneficiary of a trust—in the same way as a human can be but inanimate personal property cannot—shows that the law can understand that companion animals can play a large emotional role in our lives (as well as we in theirs), such that we want to ensure proper care for them after we die.The book raises important issues. First, it is intentionally about domestic animals, with their close links with humans, so the potential for laws to engage is much easier than with, say, farmed animals. The danger with solutions that focus on domestic or charismatic animals (e.g., dogs, chimpanzees, elephants) is that the arguments may be pertinent essentially only to those species and therefore hard to apply to animals of less charismatic species, say in a factory farm (but who are present in much greater numbers and generally badly treated in comparison). He “leaves for another day” (p. 32) the discussion about other animals. Hopefully that day will come, as it would be interesting to see how Favre could extend his concept to animals for whom the public has less affection and less appreciation of their capacities (and for whom the prospect of death is much more real and imminent).Secondly, public support for these ideas about living property may simply not be present. If there is not a sufficient groundswell of support for changing the status of animals, then whether one proposes changing it to not-property or “self-owned” property doesn't matter (if someone doesn't like needles, it doesn't matter whether the needle you propose to use is big or small). This may be too pessimistic, of course (people can be helped to overcome a fear of needles, and one way to start is with small needles). Perhaps the law should start with small changes to recognize at least a few animals—their sentience, their capacities for pleasure and pain, their emotions and preferences, their potential for autonomy—and build public support from there.There is also the underlying and more radical point about whether these ideas—the trust for a beloved companion set up by the human, the divorce settlement that doesn't just give the companion to the party who paid for them—are actually bringing about changes for animals as such or are simply adapting laws to help humans, recognizing human needs, and do not actually change the status of animals. The ends are still humans, and the means are still animals.This is not intended to paint a bleak picture: The more bluntand uncompromising part of the animal rights movement that has been focused on the qualitative problem has hardly been successful at getting animal rights laws passed anywhere in the world, so everything that moves us closer to a better, richer, more thoughtful view of animals will help. Favre's approach has ingenuity, shows good sense, and has the potential to bring about real animal rights. The themes and cases in this book that show how courts and legislatures are becoming more aware of the sentience of at least some animals, as well as proposing a middle path in the debate about animals as property, are important in the journey toward recognition of animal rights. Even more important, they may actually work. (shrink)

In the recent U.K. decision of White v.White, the House of Lords clarified thelaw to be applied in applications under s. 25of the Matrimonial Causes Act 1973. Itconfirmed that the overriding goal of the courtin such cases was to achieve fairness, but,crucially, it articulated a view of fairnesswhich took equality and non-discrimination asstarting points. On this view, the courtchallenged historically gendered assumptions offairness, contribution to the family welfare,and the value of different kinds of work. Whilethe decision has far-reaching potential (...) toachieve a form of substantive equality forwomen in cases of divorce, there is a dangerthat it may be confined to those cases, andissues of family finances will continue toappear unrelated to broader state policies. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Call for New Theological Reflection on the Sacramental Character of Marriage and the Thought of St. ThomasLawrence J. WelchTheologians across the theological spectrum have called attention to the urgent need for a new reflection on the theological and sacramental character of marriage. Peter Hünermann, known for his strong criticism of magisterial teachings on marriage, and the late Cardinal Carlo Caffarra, known for his equally strong defense of them, (...) have both drawn attention to this need. At an international symposium in September 2015, held in Rome prior to the Ordinary Synod of Bishops on Marriage and the Family, Hünermann gave a presentation entitled "On the Specific Theological Character of the Sacrament of Matrimony."1 The symposium aimed at providing a critical and scholarly discussion of new and constructive perspectives for the Church doctrine on marriage and family life in time for the 2015 synod on the family.2 Some of Hünermann's work from this paper also came to be known from an interview in Commonweal magazine where he summarized some of the main points of his symposium presentation.3 In the interview, he also revealed that before the 2015 synod he [End Page 845] was invited to speak with Pope Francis about the theology of marriage. Understandably, this meeting heightened interest in the German theologian's thought.Hünermann argues that "the specific character of the sacrament of marriage, which is very closely connected to the dying of the marriage bond,... has scarcely been the object of theological reflection, [and] is almost unknown in the consciousness of the bishops." 4 Hünermann appeals to St. Thomas as a way forward for understanding the theological character of marriage. This appeal is situated within a wider examination5 that offers an elaboration and new interpretation of "the specific dogmatic characteristics of the sacrament of matrimony that emerge in today's situation from a critical comparison of the encyclical Casti connubii and the Catholic theological tradition, especially the theology of St. Thomas."6 Sharply critical of the encyclical, Hünermann sees it as having saddled the Church with a legalistic concept of marriage elevated above history that is too far removed from the Catholic theological tradition and St. Thomas's theology of marriage.The year before his death, Cardinal Caffarra gave the 2016 graduation address at the John Paul II Institute for Marriage and Family in Washington, DC.7 Among the challenges he identified for the institute to address was the [End Page 846] need for theological reflection on the sacramental character of marriage. Referring to his earlier work, he pointed out that theology after the Council of Trent "lost the awareness of sacramental ontology, of the real transformation produced by the sacrament in the persons of the spouses [res et sacramentum]."8 Furthermore, according to Caffarra, the "theology of the conjugal covenant was supplanted by the notion of a contract, as a human act by which two persons commit to one another." The sacramental character was thought of as consisting of the assurance of divine graces given to fulfill the contract. Caffarra claimed that, "consequently, the words of Jesus 'What God has joined together, let not man put asunder,' lost all their realistic force. Absolute indissolubility, once the sacrament was perfected [=a ratified, consummated marriage], became essentially indefensible."9The primary interest of this paper is to respond to the call for a renewed theological reflection on the specific character of the sacrament of marriage. I wish to take up Caffarra's suggestion to focus on the sacramental character (res et sacramentum) on the one hand, and on the other hand, Hünermann's suggestion that a kind of ressourcement from St. Thomas Aquinas's theology of marriage can be of great help for a fresh theological reflection on the specific character of the sacrament of marriage. Although I agree with Hünermann that a renewed consideration of the thought of St. Thomas can be a way forward, I differ from him on how it can be. Hünermann notices that St. Thomas speaks of the grace of the sacrament of marriage as a helping grace.10 St. Thomas does indeed speak this way of the... (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)

This article enquires into the relation between enlightened humanist conceptions of natural law and the period novel's fictionalization of the English gentleman in the context of its marriage plot. Marriage played a key role in enlightened theorisations of natural law precisely as an institution capable of grounding familial and civil life in an emerging concept of human nature. Yet public debate about the state's role in the regulation of marriage in mid-eighteenth-century England demonstrates that natural law lent itself to very (...) different models of sovereignty and governance. The antinomies that characterized natural law's circulation in the English context are uniquely fictionalized in Samuel Richardson's last novel, Sir Charles Grandison (1753?54), a lengthy parallel narrative of failed courtship and matrimonial felicity that draws upon Pufendorf's model of natural law, yet is only partly implicated in its secular humanism. The novel's eponymous gentleman hero ? a ?Man of Religion and Virtue? ? exemplifies a mix of Anglican piety, civic virtue and disinterested sympathy that is sanctioned by natural law and sealed by the English marriage plot. (shrink)

One of the first things people learn about Disney's Mulan is what a clever and resourceful young woman she is, a trait she shares with many Disney princesses. If Mulan fails to cultivate the virtues that correspond to her allotted role in her society, she fears that she might just “uproot the family tree,” not only because she might fail to find a husband and produce some of those highly sought‐after sons, but also because she will disgrace her (...) class='Hi'>family name. But to understand how that works, people need first to look at the significance of family in traditional honor‐based cultures and in traditional Chinese thought in particular. The idea of Mulan bringing honor or disgrace to her family through her actions, either matrimonial or military, is hard to square with the individualistic assumptions of modern Western thought. (shrink)

This article, based on original research from 57 villages in four provinces from North and East India, sheds light on a hitherto unexplored gendered impact of colorism in facilitating noncustomary cross-region marriage migrations in India. Within socioeconomically marginalized groups from India’s development peripheries, the hegemonic construct of fairness as “capital” conjoins with both regressive patriarchal gender norms governing marriage and female sexuality and the monetization of social relations, through dowry, to foreclose local marriage options for darker-hued women. This dispossession of (...) matrimonial choice forces women to “voluntarily” accept marriage proposals from North Indian bachelors, who are themselves faced with a bride shortage in their own regions due to skewed sex ratios. These marriages condemn cross-region brides to new forms of gender subordination and skin-tone discrimination within the intimacy of their marriages, and in everyday relations with conjugal families, kin, and rural communities. Because of colorism, cross-region brides are exposed to caste-discriminatory exclusions and ethnocentric prejudice. Dark-skin shaming is a strategic ideological weapon employed to extract more labor from them. The article extends global scholarly discussion on the role of colorism in articulating new forms of gendered violence in dark-complexioned, poor rural women’s lives. (shrink)

L’étude de la Nouvelle-Néerlande permet de voir le rôle » joué par le genre dans la construction d’une société nouvelle. Les dynamiques migratoires mixtes qui caractérisent cette colonie donnent naissance à une société coloniale où la surreprésentation masculine est associée à un peuplement familial. Il en résulte une vulnérabilité exacerbée des femmes seules. Néanmoins, les transgressions sexuelles peuvent être lues comme autant de tentatives de se conformer à un ordre matrimonial. Le mariage apparaît non seulement comme une sécurité pour les (...) femmes, mais également, par les réseaux de confiance qu’il permet de construire, comme un rouage essentiel au bon fonctionnement d’une société articulée autour de circulations atlantiques. (shrink)

Durant ces dernières années, le comportement sexuel des jeunes femmes dans les pays en voie de développement occupe une place de plus en plus importante dans les programmes de santé reproductive. En effet, à Haïti, par exemple, près de 35 % d’entre elles ont deux partenaires sexuels ou plus, ce qui a des conséquences fâcheuses tant sur la jeune fille que sur son environnement. L’objectif de cet article est d’identifier les différents facteurs socio-économiques qui influencent le multipartenariat sexuel chez les (...) jeunes femmes à Haïti. Les données utilisées dans le cadre de ce présent article proviennent de la dernière Enquête démographique et de santé (2017) et ont fait l’objet d’une analyse univariée et d’une analyse multivariée à travers un modèle logit. De ces analyses, il ressort que les variables « milieu de résidence », « niveau d’éducation », « religion », « niveau de vie », « accès à Internet » et « statut matrimonial » sont les facteurs clés dans l’explication du multipartenariat sexuel observé chez les jeunes filles à Haïti. (shrink)

La clinique des femmes en situation précaire nous confronte aux effets abrupts de la forclusion de l’être sexué femme et à ses conséquences, les difficultés de subjectivation. Cette forclusion repose sur l’impensé d’une réalité : il y a deux sexes. Cela se traduit depuis des lustres par un contrôle de la potentialité créatrice qu’est la maternité au sein du matrimonial, qui mène les femmes vers des impasses quant à leur autonomie psychique en tant que sujets femmes. S’affranchir de cette condition (...) consiste à reconnaître cette part de leur être non symbolisé que représente le matriciel. (shrink)