The forced marriage of minors is child abuse, consequently duties exist to stop them. Yet over 14 million forced marriages of minors occur annually in developing countries. The American Bar Association concludes that the problem in the US is significant, widespread but largely ignored, and that few US laws protect minors from forced marriages. Although their best chance of rescue often involves visits to health care providers, US providers show little awareness of this growing problem. Strategies (...) discussed to stop forced marriages include recommendations from the UN, the ABA, and the UK. The author anticipates and responds to criticisms that first, no duty to intervene exists without better laws and practice guidelines; and second, that such marriages are not child abuse in traditions where parental rights or familism allegedly justify them. (shrink)

In 1991, new political discourses emerged in the Soviet republics that had to reinvent themselves as independent states, redefining their national identity on several dimensions. This process matured ambiguous attitudes toward the former imperial center and different visions over the scopes, perspectives, and claims of a ‘Russian World’ in the former Soviet space, where Moscow still asserted an exclusive political and cultural sphere of influence. In this article, we will review the cases of Armenia and Uzbekistan with peculiar national projects (...) and relationships with Moscow, reviewing their inclusion within the USSR, their path to independence, their post-Soviet relations with Moscow, and the changes during the turning points of 2014 with the annexation of Crimea and after the 2022 Russian invasion of Ukraine. (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)

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

This paper explores the UK’s legal interventions in the arena of forced marriage. Three key initiatives have been considered in the last 5 years: creating a specific crime of forced marriage; civil rather than criminal protection for victims; and an increase in the age of entry for non-EU spouses, with a corresponding increase in age for sponsoring such spouses. Our key focus is on the last of these interventions and we draw upon a research study conducted (...) in the UK in 2006/2007 exploring the risks and benefits associated with increasing the age of sponsorship and entry. The UK government’s argument is that the increased maturity which comes from being older acts as a protective factor, thus making it easier to resist forced marriage. This view of maturity gains its saliency from developmental psychology. Here, we critically analyse the construct of age and the link between age and ability to resist forced marriage. We illustrate through the accounts of victims of forced marriage and of stakeholders the difficulties of adopting age as a central organising feature of protection for potential victims of forced marriage. (shrink)

How is it possible to acknowledge and confront patriarchal violence within Muslim migrant communities without descending into cultural deficit explanations (they are overly patriarchal and inherently uncivilised) and without inviting extraordinary measures of stigmatisation, surveillance and control so increased after the events of September 11, 2001? In this paper, I explore this question by examining Norway's responses to the issue of forced marriages. I argue that social and political responses to violence against women in Muslim communities have been primarily (...) culturalist. That is, the violence is understood as originating entirely in culture, an approach that obscures the multiple factors that give rise to and sustain the violence. The culturalist approach enables the stigmatising and surveillance of Muslim communities. I approach this argument in two parts. In part one I discuss two important and influential books written by women who identify their concerns as feminist and who lay out the case for considering the problem of forced marriage as a problem of controlling fundamentally unassimilable and culturally inferior Muslims. I explore these works as paradigmatic of the culturalising or culturalist move. In part two, I review a variety of legal initiatives in Norway, first contextualising them as part of a larger European venture to control Muslim populations and then examining what they share conceptually with the approaches in part one. I end with how we might begin to develop an anti-racist response to the problem of violence against women. (shrink)

This article introduces the confrontational theology of the rabbinic literature of late antiquity by means of a well-known, yet ill-understood legend. It goes on to argue that Talmudic confrontationalism comes coupled with an insistent dialogism that, unlike any other major human undertaking, displays a profound awareness of the indispensable role of external normative critique in the process of changing one’s mind.

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

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)

Within now prolific debates surrounding the compatibility of feminism and multiculturalism in liberal societies, the need arises for a normative conception of women’s self-determination that does not violate the self-understandings or values of women of different backgrounds and forms of life. With reference to the recent British debate about forced marriage, this article proposes an innovative approach to this problem in terms of the idea of ‘plural autonomy’. While the capacity for autonomy is plural, in the sense of (...) varying across cultures, autonomy in any world-view involves a capacity to ‘endorse’ one’s decisions in certain crucial spheres of life. Non-endorsement, coercion or force occurs if one risks being alienated from the (cultural) goods and relationships that structure one’s capacity to act in the world. This approach counsels more caution than prominent liberal approaches with respect to negotiating the contested boundary between freedom and force in a diverse society. (shrink)

Moderata Fonte's dialogueThe Worth of Women(1600) contains stinging critiques of marriage and the dowry system as well as of women's inequality. I argue that Fonte's critique of male dominance, particularly in marriage, employs a modern method of argument, which anticipates the later contractarian critiques of political authority. Given that women are naturally men's equals, Fonte argues that men's de facto authority over women is illegitimate and based on force. Moreover, by treating marriage as an artificial institution rather (...) than as a natural institution, Fonte anticipates later feminist arguments that criticize the modern contract tradition for its failure to extend its critique of other forms of authority to patriarchal marriage, instead positing a natural basis for women's subordination to men. In light of this history, Fonte's critique of patriarchy is especially interesting: it challenges the patriarchal family structure and the institutions that collude to diminish women's agency, and this challenge to male authority is similar to later (male) challenges to de facto political authority. (shrink)

The Bachelor's Argument against marriage, as I described it in this journal,1 says that marriage involves taking an imprudent risk of finding oneself committed to a relationship with someone one does not love. The evidence indicates that many people who marry eventually find themselves without the feelings for the other person which made a marital relationship seem worthwhile in the first place; and were that to happen to us, it would seem highly undesirable nonetheless to be locked into (...) a relationship with our spouse as a result of the commitment we made when we married. I went on to argue that several obvious responses to this argument fail. In particular, if we enter into marriage without genuinely intending to keep our promise of maintaining a relationship with our spouse, we will be making an insincere promise. Alternatively, if our promise is sincere, but the morality of promise-keeping is such that when our feelings for the other person fade away the moral force of our commitment is canceled, then the commitment itself seems otiose. However, I did not consider all of the possible responses to the argument, and Iddo Landau has recently made an interesting suggestion about how to interpret the marriage commitment in a way that does not render it immoral or pointless.2 His proposal is that what we are committing ourselves to when we marry is ‘to invest work in performing certain acts that are likely to sustain the. (shrink)

In this article, I respond to queer critiques of the pursuit of same-sex marriage. I first examine the issue of normalization through a consideration of the everyday lives of same-sex couples with children, a subject about which queer critics are strangely silent. Children force same-sex couples to be out in multiple areas of their lives and recent court cases explicitly challenge the idea that same-sex couples do not make fit parents. Second, I examine whether same-sex marriage will address (...) structural inequalities or will mainly benefit white, middle-class people. Access to marriage has disparate benefits depending on people’s structural locations, but is a movement goal supported by a broad array of LGBT people. Third, I examine the relationship between marriage, regulation, and the state. I argue for a broader understanding of the relationship between the state and different types of relationships, suggesting that it is impossible to escape regulation. If we consider marriage and family forms cross-nationally, we see a variety of possibilities for state recognition of various family forms. I conclude by assessing the impact of same-sex marriage on the future of LGBT politics, arguing that achieving marriage equality may allow the space for new political possibilities to emerge. (shrink)

In this article, I use ethnographic and historical evidence to consider marriage as a particular locus of what Maria Lugones has called “the colonial/modern gender system.” By bringing specific research on marriage among the matrilineal Asante of Kumasi, Ghana, together with a consideration of global ideals of marriage and gender, I argue that marriage and the family are key sites through which the subjugation of women in Africa can be understood, but that this requires local and (...) historical contextualization. To do this, I trace the emergence and current local expression of “companionate marriage,” an ideal of marriage that is associated with romantic love and personal choice, and that is often seen as a gender-progressive marriage ideal. In Kumasi, “companionate” ideals began to emerge during the colonial period, not as an empowering force, but in complicated interactions with other gendered changes that limited wives' claims to husbands' reciprocal support and isolated women from their matrilineal kin. Today, customary marriage is often considered harmful to women and distinct from other forms of marriage; however, I show that such assumptions impose categorial differences where none may exist, and occlude the complexities of women's lives and struggles. (shrink)

Our notion of normativity appears to combine, in a way difficult to understand but seemingly familiar from experience, elements of force and freedom. On the one hand, a normative claim is thought to have a kind of compelling authority; on the other hand, if our respecting it is to be an appropriate species of respect, it must not be coerced, automatic, or trivially guaranteed by definition. Both Hume and Kant, I argue, looked to aesthetic experience as a convincing example exhibiting (...) this marriage of force and freedom, as well as showing how our judgment can come to be properly attuned to the features that constitute value. This image of attunement carries over into their respective accounts of moral judgment. The seemingly radical difference between their moral theories may be traceable not to a different conception of normativity, but to a difference in their empirical psychological theories – a difference we can readily spot in their accounts of aesthetics. (shrink)

A combination of social forces has thrown marriage into question in westernised societies at the end of the millennium. This uncertainty creates space for new ways of thinking about marriage. In this context, we examine the idea of marriage as friendship. We trace its genealogy in the work of Mary Wollstonecraft, John Stuart Mill and Harriet Taylor and then subject it to critical scrutiny using some of Michel de Montaigne’s ideas. We ask how applic- able the ideal (...) of higher friendship is to marriage and what might be gained and lost by a synthesis of marriage and friendship. Grounding the discussion in historical sources is valuable because the topic is so little explored in the contemporary philosophical literature. This approach also allows any enduring value in these historical texts to be elicited. (shrink)

This paper argues that the four most plausible arguments compatible with public reason for an outright legal ban on all forms of polygamy are unvictorious. I consider the types of arguments political liberals would have to insist on, and precisely how strongly, in order for a general prohibition against polygamy to be justified, while also considering what general attitude towards "marriage" and legal recognition of the right to marry are most consistent with political liberalism. I argue that a liberal (...) state should get out of the "marriage business" by leveling down to a universal status of "civil union" neutral as to the gender and affective purpose of domestic partnerships. I then refute what I regard as the four most plausible rational objections to offering this civil union status to multi-member domestic partnerships. The most common objection to polygamy is on grounds of gender equality, more specifically, female equality. But advancing this argument forcefully often involves neglecting the tendency of political liberalism (by whatever name it goes in contemporary, complex, multicultural societies) to tolerate a certain amount of inequality in private, within the bounds of robust and meaningful freedoms of choice and exit. Properly understood, polygamy involves no inherent statement about the essential inferiority of women, and certainly not more than many other existing practices and institutions (including many expressions of the main monotheistic religions) which political liberals regard as tolerable, even reasonable. Arguments from the welfare of children, fairness in the spousal market, and the abuse of family subsidies are also considered and found insufficient for excluding polygamy. (shrink)

Migration policy is a product and producer of identities and values. This article argues that discourses and policies on family reunification participate in the politics of belonging, and that gender and family norms play a crucial role in this production of collective identities, i.e. in defining who ‘we’ are and what distinguishes ‘us’ from ‘the others’. Tracing the development of political debates and policy-making about ‘fraudulent’ and ‘forced’ marriages in the Netherlands since the 1970s, the authors examine how categories (...) of gender and ethnicity interact with ‘other’ transnational marriages and the women who engage in them. These practices of ‘othering’ legitimize restrictive reforms of marriage migration policies. Also, and no less importantly, they serve the symbolic function of defining Dutch identity, and show that the government protects this identity. (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)

This essay argues that the four most plausible arguments compatible with public reason for an outright legal ban on all forms of polygamy are unvictorious. My purpose is not to survey exhaustively the empirical literature on contemporary forms of polygamy, but to tease out the types of arguments political liberals would have to insist on, and precisely how strongly, in order for a general prohibition against polygamy to be justified. The most common objection to polygamy is on grounds of gender (...) equality, more specifically, female equality. But advancing this argument forcefully often involves neglecting the tendency of political liberalism (whatever name it goes by in contemporary, complex, multicultural societies) to tolerate a certain amount of inegalitarianism in private, within the bounds of robust and meaningful freedoms of choice and exit. Properly understood, polygamy involves no inherent statement about the essential inferiority of women, and certainly not more than many other existing practices and institutions (including many expressions of the main monotheistic religions) which political liberals regard as tolerable. (shrink)

The socialisation of women into self-silencing by religion has complicated pastoral care interventions for the victims of domestic violence, particularly within the context of marriage. This article is written from an intercultural approach to pastoral care and applies the theory on silence. The aim of this article is to explore the way pastoral caregivers can extend caregiving to the victims of marital domestic violence who have silenced the self. The article draws from qualitative data that were collected through autobiographical (...) narratives, in-depth interviews and observations, and analysed through thematic analysis. The findings indicate that women are forced to silence the self in contexts of domestic violence by not speaking about the abuse that takes place in marriage. The self-silencing is justified by those who interpret Biblical texts that address marriage naively; in this case one of the two women who participated in this study confirmed that Proverbs 21:9 is used to justify self-silencing. Thus, the article concludes that pastoral care interventions in such contexts should include a circle of the significant others that women interact with such as the perpetrator and the broader community, including her social networks. (shrink)

History of science, it has been argued, has benefited philosophers of science primarily by forcing them into greater contact with "real science." In this paper I argue that additional major benefits arise from the importance of specifically historical considerations within philosophy of science. Loci for specifically historical investigations include: (1) making and evaluating rational reconstructions of particular theories and explanations, (2) estimating the degree of support earned by particular theories and theoretical claims, and (3) evaluating proposed philosophical norms for the (...) evaluation of the degree of support for theories and the worth of explanations. More generally, I argue that theories develop and change structure with time, that (like biological species) they are historical entities. Accordingly, both the identification and the evaluation of theories are essentially historical in character. (shrink)

In medieval England, as in the rest of Christian Europe, marriages contracted privately and solely by the exchange of words of present consent — something like “I here take you as my legitimate wife [husband]” — were considered binding even without consummation from the late twelfth century. Such marriages would be enforced by the ecclesiastical courts, even if the enforcement required a divorce between a man and woman solemnly married in church. Such a divorce, of course, was never a divorce (...) in the modern sense, but rather an annulment, a judicial declaration that since one of the parties to that church ceremony had already been married, the ecclesiastical ceremony had not produced a marriage at all. The original, privately contracted marriage stood in full force. The moral problems faced by the ecclesiastical courts in such matters were substantial; the problems presented for the king's court, particularly in matters relating to property rights, were no less so. (shrink)

Whatever may be said about contemporary feminists’ evaluation of Descartes’ role in the history of feminism, Mary Astell herself believed that Descartes’ philosophy held tremendous promise for women. His urging all people to eschew the tyranny of custom and authority in order to uncover the knowledge that could be found in each one of our unsexed souls potentially offered women a great deal of intellectual and personal freedom and power. Certainly Astell often read Descartes in this way, and Astell herself (...) has been interpreted as a feminist – indeed, as the first English feminist. But a close look at Astell’s and Descartes’ theories of reason, and the role of authority in knowledge formation as well as in their philosophies of education, show that there are subtle yet crucial divergences in their thought – divergences which force us to temper our evaluation of Astell as a feminist. -/- My first task is to evaluate Astell’s views on custom and authority in knowledge formation and education by comparing her ideas with those of Descartes. While it is true that Astell seems to share Descartes’ wariness of custom and authority, a careful reading of her work shows that the wariness extends only as far as the tyranny of custom over individual intellectual development. It does not extend to a wariness about social and institutional customs and authority (including, perhaps most crucially, the institution of marriage as we see in her Reflection on Marriage). The reason for this is that Astell’s driving goal is to help women to come to know God’s plan for women – both in their roles as human and in their roles as women. According to Astell, while it is true that, as individuals, women must develop their rational capacities to the fullest in order to honor God and his plan for women as human, as members of social institutions, including the institution of marriage, women must subordinate themselves to men, including their husbands, in this case so as to honor God and his plan for women as women. Once we understand the theological underpinnings of her equivocal reaction to authority and custom, we can see that Astell may be considered a feminist in a very tempered way. -/- My second task is to use these initial conclusions to re-read her proposal for single-sexed education that we find in A Serious Proposal to the Ladies. It is true that Astell encourages women to join single-sexed educational institutions for the unique and empowering friendships that women can develop in such institutions. Still, my argument continues, the development of such friendships is not entirely an end in itself. Rather, Astell encourages women to develop such friendships such that they can re-enter the broader world armed with the tools that will help them endure burdensome features of the lives that await them in the world, including their lives as subordinated wives –burdens that Astell does not, in principle, challenge. (shrink)

The Quine-Putnam Indispensability argument is the argument for treating mathematical entities on a par with other theoretical entities of our best scientific theories. This argument is usually taken to be an argument for mathematical realism. In this chapter I will argue that the proper way to understand this argument is as putting pressure on the viability of the marriage of scientific realism and mathematical nominalism. Although such a marriage is a popular option amongst philosophers of science and mathematics, (...) in light of the indispensability argument, the marriage is seen to be very unstable. Unless one is careful about how the Quine-Putnam argument is disarmed, one can be forced to either mathematical realism or, alternatively, scientific instrumentalism. I will explore the various options: (i) finding a way to reconcile the two partners in the marriage by disarming the indispensability argument (Jody Azzouni [2], Hartry Field [13, 14], Alan Musgrave [18, 19], David Papineau [21]); (ii) embracing mathematical realism (W.V.O. Quine [23], Michael Resnik [25], J.J.C. Smart [27]); and (iii) embracing some form of scientific instrumentalism (Ot´ avio Bueno [7, 8], Bas van Fraassen [30]). Elsewhere [11], I have argued for option (ii) and I won’t repeat those arguments here. Instead, I will consider the difficulties for each of the three options just mentioned, with special attention to option (i). In relation to the latter, I will discuss an argument due to Alan Musgrave [19] for why option (i) is a plausible and promising approach. From the discussion of Musgrave’s argument, it will emerge that the issue of holist versus separatist theories of confirmation plays a curious role in the realism–antirealism debate in the philosophy of mathematics. I will argue that if you take confirmation to be an holistic matter—it’s whole theories (or significant parts thereof) that are confirmed in any experiment—then there’s an inclination to opt for (ii) in order to resolve the marital tension outlined above.. (shrink)

A Marriage Made in Hell Where did they come from, these furiously self-righteous “social justice warriors”? The growing radicalism and intolerance on the American left is the result of the strange union of Nietzsche’s “will to power” and a secularized Puritan moralism. In this penetrating study, Mark T. Mitchell explains how this marriage made in hell gave birth to a powerful and destructive political and social movement. Having declared that “God is dead,” Friedrich Nietzsche identified the “will to (...) power” as the fundamental force of human life. There is no good or evil in a Nietzschean world—only the interests of the strong. Reason and the common good have no place there. The Puritan, by contrast, is morally rigorous, zealous to promote virtue and punish vice. America’s Puritan tradition, now thoroughly de-Christianized, has been reduced to a self-righteous moral absolutism that focuses on the faults of others, intent on avenging the sins of society, institutions, and the past in pursuit of the secularized ideals of equality, diversity, and social justice. As Nietzsche’s ideas have permeated our culture, a new generation of radicals has embraced the rhetoric and tactics of the will to power. But the strength of America’s residual Puritanism keeps them only half-baked Nietzscheans. More Christian than they care to admit, they cling to a moralism that Nietzsche would despise. The incoherence of their mixed creed dooms social justice warriors to perpetual frustration. Their identity politics generates ever more radical demands that can never be satisfied, further fracturing a society in desperate need of a unifying myth. We seem to be left with only two options, Mitchell concludes—Nietzsche or Christ, the will to power or the will to truth. The choice is bracingly simple. (shrink)

A skew in sex ratio at birth occurs across much of Asia and North Africa. The resulting gender imbalance in favor of men in the adult population causes a number of serious social problems, including increased violence against women and an increasing number of “forced bachelors” in many areas. Here we concentrate on the sex ratio at birth in China and model two causal factors specific to Chinese culture: a traditional preference for sons over daughters and a preference for (...) brides to move to their husband’s natal home (virilocal marriage). We use cultural niche construction models to explore the interacting effect of both son preference and marriage-type preference on the demography of the region. Finally, we discuss the implications of this model for policy interventions in the future. (shrink)

A combination of social forces has thrown marriage into question in westernised societies at the end of the millennium. This uncertainty creates space for new ways of thinking about marriage. In this context, we examine the idea of marriage as friendship. We trace its genealogy in the work of Mary Wollstonecraft, John Stuart Mill and Harriet Taylor and then subject it to critical scrutiny using some of Michel de Montaigne’s ideas. We ask how applicable the ideal of (...) higher friendship is to marriage and what might be gained and lost by a synthesis of marriage and friendship. Grounding the discussion in historical sources is valuable because the topic is so little explored in the contemporary philosophical literature. This approach also allows any enduring value in these historical texts to be elicited. (shrink)

The concept of marriage has undergone a transition presently when compared with the past. Norms, customs and traditions have also changed. Attitudes, choices and preferences of individuals contribute to these changes accompanied by education and modernization. Equality of women, social changes, and liberalized economy can be a few determinants contributing to the choices and preferences, yet fertility issues remain a nagging problem after marriage. The present trend highlights late marriages, and stress at home and works front for both (...) genders, contributing to instability in marriages. These being certain issues, on one hand, increase in divorce cases, maintenance and custody of children, single parenting is another set of challenges, on the other hand. Hence, marriages are also riskier and those who embark on this journey are the successful lot. This paper primarily aims to identify the perception of youth about marriage as terminologies such as “Live in relationships”, “Friends with benefits”, etc., are in vogue. Secondly, the objective of this paper is also to study if “mid-life crisis” in both the genders accompanied by emotional, physical and psychological issues can be the causal determinants for various issues in marriage. Thirdly, the paper aims to study the causal effects between marriage issues, family laws and the country’s economy as there is a direct nexus between the three forces using appropriate research methodology tools and techniques. (shrink)

Somerville, Margaret Same-sex marriage creates a clash between upholding the human rights of children with respect to their coming-into being and the family structure in which they will be reared, and the claims of homosexual adults who wish to marry a same-sex partner. It forces us, as a society, to choose whether to give priority to children's rights or to homosexual adults' claims. This problem does not arise with opposite-sex marriage, because children's rights and adult's claims with respect (...) to marriage are consistent with each other. (shrink)

This article critically looks at the challenges that are incumbent in the deployment of married soldiers who work for the South African National Defence Force. The SANDF previously deployed soldiers outside the borders of South Africa for a period of 6 months or less. But currently, the SANDF has a deployment period of 12 months. This period is twice that of the earlier period, which means that soldiers and their families have to spend 12 months apart from one another. This (...) has an adverse effect on the marriages of soldiers and makes the SANDF appear as an uncaring institute because its military operations tend to impact family lives. Using a qualitative research approach, this article explores the emic experiences of married soldiers who were deployed, and concludes by suggesting some pastoral guidelines that may prove useful for a multi-professional team handling the issues of deployment. (shrink)

Extant sociological theories of gendered power within marriage focus on how social forces—such as gender inequality—shape women’s power within already established partnerships and subsequently affect their risk of intimate partner violence. Yet, inequitable social forces similarly shape women’s life conditions prior to and during the marital transition, with implications for women’s power in marriage. In Myanmar, gender relations between women and men historically have been touted as equitable and advantageous to women. Rare qualitative data find that structural gender (...) inequalities permeate Myanmar society, and intersect with other social forces, to constrain women’s marital power. In particular, we argue that women’s transition into marriage is a critical period to assess how gendered social inequalities determine the future distribution of power within marital relationships. These premarital social processes result in a “preconditioning” of relationship dynamics from the onset of marriage, with long-term effects on women’s power within the relationship, and subsequent exposure to intimate partner violence. We encourage sociological work on gendered power in the family to systematically consider women’s premarital social conditions as predictors of women’s relative power in marriage, with implications for their health and well-being. (shrink)

Is there an obligation by nations, who do not themselves recognize same-sex marriage to recognize such marriages when they have been consummated abroad? Is the right to such recognition a human right? If so, what obligations do the domestic courts of various countries have to incorporate the right to same-sex marriage for their own people? Must international law recognize a right to same-sex marriage as a human right, especially if some nations have already begun to move on (...) that track? These questions are moving to center stage as more and more countries in the EU and elsewhere are being forced to address various rights claims especially by lesbian, gay, bisexual and transgendered communities. At their core, these questions are troublesome not so much because of the communities they affect, but because they draw attention to a deeper set of problems concerning the relationship of domestic to international human rights law. What are the similarities and differences between these two areas of law, is there a hierarchy where one area dominates the other, do international human rights norms arise out of various domestic constitutional provisions, and what are the duties of courts (especially domestic courts) in declaring the law? Can local traditions, religious beliefs, or constitutional requirements justifiably stand in the way of extraterritorial recognition of international human rights law? (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)

Inequality in the family is the most damaging of all forces in women’s lives. It is overtly preserved by religious, customary, and state laws that formally enshrine discrimination against women and is perpetuated by de facto lack of access to nominally protective systems and remedies. International law and its implementation mechanisms provide an arena for confronting resistance to gender equality in the family, calling states to account at the highest level as well as providing a platform for domestic advocacy. CEDAW (...) and the jurisprudence of its monitoring body, the Committee on the Elimination of Discrimination against Women, clearly state the paramount value of protecting the individual human rights of family members rather than maintaining family “protection” and privacy at the expense of the women within it. By ratifying, States theoretically commit themselves to this progressive position. However, the politics of state and community identity make for a more complex picture that includes multiple, sometimes overlapping, levels of acceptance and rejection. Taking as a case study the current initiative to adopt a new General Recommendation to address the economic consequences of family relations and their dissolution, this Article draws on the CEDAW Convention and the CEDAW Committee’s work to suggest a practical application of international standards to address the tangle of legal systems and identity that have disadvantaged women for centuries. Placing this initiative within the context of multiple family law regimes and the multicultural debate, the right to exit and the concept of freedom to associate and to disassociate are emphasized as crucial in confronting the phenomenon of discriminatory identitybased family legal regimes. The Article concludes with an illustration of the harmonization process required by the CEDAW Convention, taking the new General Recommendation as a model approach for meeting the international equality norms while preserving community or State identity. (shrink)

With this article, Paige Patterson identifies six events in the life of Martin Luther that shaped the Reformer and ultimately affected the entire Reformation. By surveying Luther’s journey to Rome, his friendship with Johann von Staupitz, the Leipzig Disputation, the Diet of Worms, his year in Wartburg Castle, and his marriage to Katharina von Bora, Patterson’s goal is for his readers to gain a greater understanding of Martin Luther. In so doing, Patterson encourages his readers to consider the contribution (...) of these events and the people involved to their own lives still today. (shrink)

Polygamy, forced marriage, female genital mutilation, punishing women for being raped, differential access for men and women to health care and education, unequal rights of ownership, assembly, and political participation, unequal vulnerability to violence. These practices and conditions are standard in some parts of the world. Do demands for multiculturalism — and certain minority group rights in particular — make them more likely to continue and to spread to liberal democracies? Are there fundamental conflicts between our commitment to (...) gender equity and our increasing desire to respect the customs of minority cultures or religions? In this book, the eminent feminist Susan Moller Okin and fifteen of the world’s leading thinkers about feminism and multiculturalism explore these unsettling questions in a provocative, passionate, and illuminating debate. Okin opens by arguing that some group rights can, in fact, endanger women. She points, for example, to the French government’s giving thousands of male immigrants special permission to bring multiple wives into the country, despite French laws against polygamy and the wives’ own bitter opposition to the practice. Okin argues that if we agree that women should not be disadvantaged because of their sex, we should not accept group rights that permit oppressive practices on the grounds that they are fundamental to minority cultures whose existence may otherwise be threatened. In reply, some respondents reject Okin’s position outright, contending that her views are rooted in a moral universalism that is blind to cultural difference. Others quarrel with Okin’s focus on gender, or argue that we should be careful about which group rights we permit, but not reject the category of group rights altogether. Okin concludes with a rebuttal, clarifying, adjusting, and extending her original position. These incisive and accessible essays — expanded from their original publication in Boston Review and including four new contributions — are indispensable reading for anyone interested in one of the most contentious social and political issues today. The diverse contributors, in addition to Okin, are Azizah al-Hibri, Abdullahi An-Na’im, Homi Bhabha, Sander Gilman, Janet Halley, Bonnie Honig, Will Kymlicka, Martha Nussbaum, Bhikhu Parekh, Katha Pollitt, Robert Post, Joseph Raz, Saskia Sassen, Cass Sunstein, and Yael Tamir. (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)

This response discusses Mookherjee’s views on plural autonomy and autonomy-promoting education, and her recognition that different cultural value systems can lead to varied responses and strategies across cultures. It considers mechanisms to counter forced marriage and argues from the standpoint of grassroots work within the Muslim community for the importance of the distinction between traditional culture and religion. It raises the issues of racism, islamophobia, and stereotyping in silencing Muslim women’s voices and reducing the space for them to (...) argue for change within communities. (shrink)

Serious gender-based crimes were committed against women and girls during Sierra Leone’s decade-long armed conflict. This article examines how the Special Court for Sierra Leone has approached these crimes in its first four judgments. The June 20, 2007 trial judgment in the Armed Forces Revolutionary Council case assists international criminal law’s limited understanding of the crime against humanity of forced marriage, but also collapses evidence of that crime into the war crime of outrages upon personal dignity. The February (...) 22, 2008 appeals judgment attempts to correct this misstep. In contrast, the August 2, 2007 trial judgment in the Civil Defence Forces case is virtually silent on crimes committed against women and girls, although the May 28, 2008 appeals judgment attempts to partially redress this silence. This article concludes that the four judgments, considered together, raise the specter that the Special Court could potentially fail to make a significant progressive contribution to gender-sensitive transitional justice. (shrink)