Resumen: Este artículo explora los cambios en el entorno legal cambiante y la estructura social de la sociedad de la meseta Qinghai - Tíbet, la dinámica social y cultural reflejada en el declive, renacimiento y mutación de la poligamia, enfatiza el papel de la mujer en ella y espera con interés el desarrollo futuro de la poligamia en la meseta Qinghai - Tíbet. La exploración y práctica de este artículo es una nueva conceptualización de estudios anteriores sobre el poder de (...) género y la Condición Jurídica y Social de la mujer. La existencia y continuación de la poligamia refuta la comprensión mecánica de la subordinación general de las mujeres desde una perspectiva intercultural, y las características dinámicas, sistemáticas y simbólicas de los roles y estatus de las mujeres en el matrimonio poligámico en la meseta Qinghai - Tíbet verifican la predicción de la tendencia de la investigación sobre el estatus de las mujeres. La preocupación por el papel y la posición de las mujeres en las familias polígamas intenta confirmar la complejidad del poder de género y la posición de las mujeres en la sociedad. Tanto la innovación del pensamiento teórico como la exploración del camino de investigación son para ir más allá en la exploración de problemas similares. Aunque es imposible agotar todos los problemas posibles, la atención y exploración de los grupos de mujeres en el sistema de matrimonio polígamo en este artículo enriquece la visión de los estudios anteriores sobre la Condición Jurídica y Social de la mujer, pero también plantea cuestiones por explorar. (shrink)

Though its actual nature and content remain debatable, the importance of love in human relations is indubitable. This paper attempts an exploration of the phenomenon of love in the institution of marriage in Esan traditional culture. It questions the reality or ontology of love or its epistemic content within the said culture. In other words, the question is, is there love in the Esan traditional marriage system? If there is none, then it is an ontological issue. And if (...) there is, with what epistemological framework can it be accessed? To this end, the paper employs what could be regarded as a working definition of love which could include notions such as commitment, care, intimacy, and self-giving. With this understanding, the paper interrogates the doctrine of love among the Esan people and sets out how gender is implicated in the conception of love and marriage in traditional Esan society. (shrink)

Contemporary Chinese society has witnessed ongoing complex institutional and cultural reconfiguration, driven by the transition from the socialist planned economy to marketization and later its deep engagement in globalization and neoliberalism. In this reshaping of Chinese society, tradition and modernity, the resurgence of patriarchal Confucian tradition, the socialist version of modernity, the capitalist version of modernity, and the socialist heritage intermingle, and all seem to define a mosaic temporality.Facing the increasing uncertainties of the market, family members in post-reform China have (...) to stick together as an economic safety net, emotional harbor and spiritual fortress. Chinese parents heavily invest in their children and continue to support them in their adulthood; whereas, the youth is under great obligation to providing old age care for their parents; and parents may regard this heavily-invested offspring as their private product. This resurgent but modified familialism, is not an exact replication of traditional familialism, but is definitely different from the family modes featured by individualism in Western contexts. Mosaic familialism is characterized by a sequential symbiosis between parents and children facing financial constraints and unforeseeable uncertainties with a lack of a social safety net. At the same time, patriarchal Confucianism is rejuvenated to a certain degree, women’s traditional wife and mother role is once again stressed, if not glorified; and the neoliberal discourse articulating personal choice and responsibility, but not individual right, stands by seamlessly. Parents and children, husband and wife are dependent on each other in the intimate family, following a clearly gendered pattern. (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)

Classic of Changes is a Chinese cultural classic born more than 3000 years ago. Its profound philosophical thoughts and the use of divination have brought Classic of Changes to a strong oriental mysticism. The view of the heaven and man of yin and yang and the five elements states of Classic of Changes are completely different from the Western elemental theory of ancient Greece. The latter gave birth to classical and modern scientific theories, and the yin and yang and the (...) eight trigrams symbol has become synonymous with oriental mysticism. In fact, the cosmology of the Holism of Classic of Changes is a precious scientific heritage of mankind. The axiomatization of the symbolic formal system of Classic of Changes aims to unveil the veil of oriental mysticism and provide oriental wisdom for the development of modern science. Transforming the symbolic system of Classic of Changes into a formal axiom system is the crystallization of the fusion of wisdom between the East and the West. The axiomatization of the symbolic formal system of Classic of Changes shows that the oriental and the western scientific tradition harmony but not sameness and there is no conflict. Classic of Changes can also be interpreted by the axiomatic system like Euclid’s Elements. The main contribution of this paper is that the author skillfully uses mathematical language to formulate the system of Classic of Changes, reconstructs the ideological system of Classic of Changes with the axiomatic method and realizes the scientificalization of Chinese classical natural philosophy. The formal axiom system of Classic of Changes may give us such a revelation: the gap between the oriental and western scientific traditions is mainly in the axiomatization, but the lack of oriental scientific tradition may be the bottleneck of the development of modern science. (shrink)

: Gay marriage highlights a contradiction in American national identity: if gay marriage is supported, the normative status of the heterosexual nuclear family is undermined, while if not, the civil rights of homosexuals are undermined. This essay discusses the feminist dilemma of whether to support gay marriage to promote these individual civil rights or whether to critique marriage as a part of the patriarchal system that oppresses women.

A recent case in the Northern Territory of Australia has raised the issues of intra-racial rape and the legal recognition of traditional marriages between Indigenous people. The defendant in the Jamilmira case was charged with statutory rape of a 15-year-old girl. He argued that the girl’s status as his promised wife should lead to mitigation of his sentence. Members of the Northern Territory judiciary and others in the community were divided in their response to his claim. Ultimately the case led (...) to reform of the law in relation to the recognition of traditional marriage, a response which outraged some members of the Indigenous community. In this article I examine the various representations of culture and individuals that were utilised by ‘the law’ and how these representations informed the legal response. In the process I question the limits of my own role as a ‘white middle-class feminist’ in the context of explorations of law and culture. Is there a space to become involved in these debates without being complicit in fostering racism and prejudice and without reverting to stereotypes and cultural arrogance? (shrink)

Gay marriage highlights a contradiction in American national identity: if gay marriage is supported, the normative status of the heterosexual nuclear family is undermined, while if not, the civil rights of homosexuals are undermined. This essay discusses the feminist dilemma of whether to support gay marriage to promote these individual civil rights or whether to critique marriage as a part of the patriarchal system that oppresses women.

In the traditional system of Chinese families, individuals are embedded in the institution of the family with defined obligations to enhance family development. As a consequence of the male-biased sex ratio at birth in China since the 1980s, an increasing number of surplus rural males have been affected by a marriage squeeze becoming involuntary bachelors. Under China’s universal heterosexual marriage tradition, family development of rural involuntary bachelors has largely been ignored, but in China’s gender-imbalanced society, it is necessary (...) to adopt a family-based approach to identify and study the plight of rural involuntary bachelors. Studies on gender imbalance indicate that these men face multiple risks from the perspectives of their life course, the family life cycle, and the family ethic. To a certain extent, these risks are caused by a conflict between the individual’s family life and family ethics and are mainly reflected in problems concerning marriage, health, and old-age support. Not only do these vulnerabilities affect the individual and family development across the whole life cycle but also pose major risks to social development in the face of strong gender imbalance. In order to deal with risks faced by rural involuntary bachelors, core ethical principles, including autonomy, beneficence, and justice, need to be adopted. Through adjustments to informal support provided by the family and formal support provided by policy-makers, risk of uncertainty in family development faced by rural involuntary bachelors could be reduced. (shrink)

The institution of marriage makes women vulnerable, as does being unmarried in a society that idealises marriage as the norm. It is argued that the use of civil unions as an alternative to legal marriage does not protect women from this vulnerability, and nor do proposed reforms to the institution. The institution of legal marriage therefore must be abolished. A hybrid of Clare Chambers’ piecemeal regulation of relationships and Elizabeth Brake’s minimal marriage, termed the anti-vulnerability (...) approach to relationship regulation (or the AVA) is put forward as the best means to regulate relationships in a way that will protect women from vulnerability. The AVA is implementable in countries where Western marriage is not always the norm, such as South Africa, and is also strongly compatible with LGBTQIA+ relationship styles and arguments against marriage. However, as a piecemeal regulation of relationships cannot be implemented alongside holistic regulation systems, such as legal marriage, legal marriage would need to be abolished to create a system of regulating relationships that will be able to protect women from vulnerability. (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)

Contrary to chimpanzees and bonobos, humans display long-term exclusive relationships between males and females. Probably all human cultures have some kind of marriage system, apparently designed to protect these exclusive relationships and the resulting offspring in a potentially sexual competitive environment. Different hypotheses about the origin of human pair-bonds are compared and it is shown how they may refer to different phases of human evolution.

The author suggests a new model for interpretation of mystical experience, based on a fruitful combination of cognitive psychology and depth psychology. Offering a rather wide definition of mystical experience, the author then turns to two basic assumptions—a general systems approach and an organismic-holistic view of development. Hans Loewald's analysis of primary process cognition is combined with a multi-dimensional model of cognitive activity called "Interacting Cognitive Subsystems" , presented by John D. Teasdale and Philip J. Barnard. These two complementary (...) theoretical perspectives are applied to the analysis of both historical and contemporary examples of mystical experience, understood as a result of a dialectical interplay between these different coding systems, or the marriage between Ego and Id. (shrink)

The author suggests a new model for interpretation of mystical experience, based on a fruitful combination of cognitive psychology and depth psychology. Offering a rather wide definition of mystical experience, the author then turns to two basic assumptions—a general systems approach and an organismic-holistic view of development. Hans Loewald's analysis of primary process cognition is combined with a multi-dimensional model of cognitive activity called “Interacting Cognitive Subsystems” (ICS), presented by John D. Teasdale and Philip J. Barnard. These two complementary (...) theoretical perspectives are applied to the analysis of both historical and contemporary examples of mystical experience, understood as a result of a dialectical interplay between these different coding systems, or the marriage between Ego and Id. (shrink)

Both behavioral ecological and social anthropological analyses of polygynous marriage tend to emphasize the importance of competition among men in acquisition of mates, whereas the strategic options to women both prior to and after the establishment of a marriage have been neglected. Focusing on African marriage systems that are in some senses analogous to resource-defense polygyny, I first review the evidence of reproductive costs of polygyny to women. Then I discuss why the conflict of interests between (...) men and women over mate number is often likely to be settled in favor of men. Using East African ethnographic data I examine the strategic responses of women and their families to polygynous marriage, focusing on four topics: mate choice (Kipsigis), attitudes toward incoming wives (Kipsigis), labor allocation and cooperation (comparative data, Kipsigis), and use of parental wealth (Datoga). The results of these quantitative analyses suggest that through a combination of judicious marriage choice and strategic responses within marriage, polygyny need not be costly to women in resource-defense polygynous systems. The conclusion is that a hierarchy of questions need to be addressed in the analysis of any polygynous marriage system. (shrink)

In recent years the account of natural law that has come to be known as the “new natural law theory” has come under criticism. Rebekah Johnston has engaged quite seriously with the NNL account of marriage and sexuality and has deemed it insufficient and internally inconsistent, going so far as to argue for the legitimacy of homosexual “marriage” based on the NNL’s own system. The author argues in this essay that the NNL does not fully realize the implications (...) of its position in this regard, and that Rebekah Johnston’s critique fails similarly in providing an account of marriage and sexuality. To remedy these errors, the role of normative, natural teleology must be investigated thoroughly. (shrink)

A recurring complaint in the highly polemical chronicles of the medieval Veneto is that elite families misused marital alliances as instruments of political violence. This concern appears, in particular, in the Cronica in factis et circa facta Marchie Trivixane , by Rolandino da Padova , the most rhetorically coherent and thorough medieval history of the region. Rolandino's interest in abuses of the betrothal system is evident in his account of the serial marriages of Cunizza da Romano. Over fifty years before (...) Cunizza's posthumous celebration in Dante's Divine Comedy, Rolandino's discussion of her amours forms part of a long denunciation of her brother, Ezzelino III da Romano . Cunizza's brother was an imperial vicar who, at the height of his power, controlled the entire mainland of the Veneto, called the Marca Trevigiana in the Middle Ages. The powerful Ezzelino is implied in the chronicle to have manipulated Cunizza's marital alliances, and the suggestion is that the resulting strategic connections enabled him to foment war and injustice. This tale is but one of many in which the chroniclers of the region condemn elite marital practices deemed transgressive in terms of political oppression. The main purpose of this article is to chart the chroniclers' accusations that link misconduct in marriage agreements to violence in factional politics and abuse of power. I contend that the chronicles of the medieval Veneto represent tyranny in terms of the manipulation of marital alliances. (shrink)

Artefacts are usually understood in contrast with natural kinds and conceived as a unitary kind. Here we propose that there is in fact a variety of artefacts: from the more concrete to the more abstract ones. Moreover, not every artefact is able to fulfil its function thanks to its physical properties: Some artefacts, particularly what we call “institutional” artefacts, are symbolic in nature and require a system of rules to exist and to fulfil their function. Adopting a standard method to (...) measure conceptual representation (the property generation task), we have experimentally explored how humans conceptualise these different kinds of artefacts. Results indicate that institutional artefacts are typically opposed to social objects, while being more similar to standard artefacts, be they abstract or concrete. (shrink)

This first part of a two-part series exploring implications of the natural differences between the sexes for the cultural evolution of marriage assesses whether Kant should be condemned as a sexist due to his various offensive claims about women. Being antithetical to modern-day assumptions regarding the equality of the sexes, Kant’s views seem to contradict his own egalitarian ethics. A philosophical framework for making cross-cultural ethical assessments requires one to assess those in other cultures by their own ethical standards. (...) Sexism is inappropriate if it exhibits or reinforces a tendency to dominate the opposite sex. Kant’s theory of marriage, by contrast, illustrates how sexism can be egalitarian: given the natural differences between the sexes, different roles and cultural norms help to ensure that females and males are equal. Judged by the standards of his own day and in the context of his philosophical system, Kant’s sexism is not ethically inappropriate. (shrink)

Because its business is to resolve disputed issues, the law very often calls on those fields of science where the pressure of commercial interests is most severe. Because the legal system aspires to handle disputes promptly, the scientific questions to which it seeks answers will often be those for which all the evidence is not yet in. Because of its case-specificity, the legal system often demands answers of a kind science is not well-equipped to supply; and, for related reasons, constitutes (...) virtually the entire market for certain fields of forensic science and for certain psychiatric specialties. Because of its adversarial character, the law tends to draw in scientists who are more willing than most to give an opinion on less-than-overwhelming evidence; and the more often such a witness testifies, the more unbudgeably confident he may become in his opinion. Legal rules can make it impossible to bring potentially useful scientific information to light, and the legal penchant for “indicia” and the like can transform scientific subtleties into legal shibboleths. And because of its concern for precedent, and the desideratum of finality, the law sometimes lags behind scientific advances. (shrink)

As a model for processing information about people's perceptions to understand the complex world and society in which they live, the cultural schema serves as a key concept in Cultural Linguistics when directing to the perception and processing of information about people, and social groups, and events. Cultural schema theory is valuable in deciphering culturally structured concepts, covering the entire range of human experience expressed in many fields such as education, belief, religion, etc. Through the practice of sacred rituals, each (...) religious believer can form his system of ideas about entities in his or her belief world. Those experiences and experiences are conceptualized through the language picture. In the process of cultural development and integration, the cultural awareness of the Catholic community also reflects certain changes in Catholicism in the West in harmony with the customs and beliefs of Eastern countries. like Vietnam, expressed through the practice of funeral rites and traditional marriage of the Vietnamese. In this article, by using quantitative and qualitative methods, we have conducted a character analysis of the above cultural schemas based on the corpus of 120 discourses drawn during the implementation perform funeral and marriage rites for Vietnamese Catholics. Research results show that cultural schemas (event diagrams, role schemas, image schemas, propositional schemas, and emotional schemas) reflect the cultural knowledge (beliefs, standards, principles, and expectations) of each Vietnamese Catholic about DEATH and MARRIAGE as a journey or a new transformation in one's life... That is the basis for them to transmit achieve and explain the basic values of these two concepts, helping us to understand more deeply the mind of the Vietnamese Catholic community in Vietnam when performing two important rituals in human life in reality. (shrink)

Reviewers of Bertrand Russell’s Marriage and Morals (MM) came to no consensus on the purpose of the work. Some saw it as advocating love in marriage, others as destroying marriage and still others as an attempt to justify promiscuity (Kayden, Tract on Sex and Marriage: Review of Marriage and Morals by Bertrand Russell. The Sewanee Review 38(1), 104–108, 1930; Pan, Review of Marriage and Morals by Bertrand Russell. The China Critic 3(8), 186–187, 1930). Their (...) confusion is understandable given the tensions in the book. This chapter proposes that these were partly the result of an unsuccessful attempt to combine two incompatible value systems: aristocratic values and the new morality which Bertrand Russell and his wife at the time, Dora, promoted. The book also reveals a couple in crisis—whose ideals had proved impossible to realize in their life together. (shrink)

This chapter offers a critique of mainstream accounts of civil disobedience (CD) in contemporary political theory. Its goal is to highlight how the notion of “civility” is used as a political tool to sanitise and domesticate social protest. Focusing on Australia’s 2017 marriage equality campaign, the chapter highlights how the dominant conception of “civil” disobedience reproduces the logic of a patriarchal system in which women and non-mainstream men are expected to remain quiet and behave with “decorum”. The chapter draws (...) attention to the peculiarity of the Australian context, where the lack of a bill of rights fosters power inequalities by hindering vulnerable groups’ access to justice. Overall, the chapter highlights the risk of an excessive (or exclusive) focus on the behaviour of protesters, at the expense of the structural injustices they seek to unveil. (shrink)

This article explores the role of changing memes in large systems change toward marriage equality—popularly referred to as same-sex marriage—in the United States. Using an abbreviated case history of the transformation, the article particularly explores the shifting memes or core units of culture, in this case, word phrases associated with marriage equality over time, influencing the social change process. Using both the case history and the empirical work on memes, the article identifies nine lessons to support (...) others tackling large systems change challenges. (shrink)

* one of the great philosophical works of the eighteenth century * the rare and valuable first edition, reprinted in its entirety 'Of the countless reprints of Scottish Enlightenment works that Thoemmes has given us, none is more welcome than this. The posthumous System was not only Hutcheson's own last word on the full range of topics that he included under the rubric "moral philosophy", but also a monumental event in the book history of the Scottish Enlightenment itself.' - Newsletter (...) of the 18th-Century Scottish Studies Society Francis Hutcheson (1694-1746) was a key figure in the Scottish Enlightenment and one of the eighteenth century's most influential philosophers. He taught Adam Smith and he greatly influenced Hume and Bentham. His theory that the only proper actions are those which will generally benefit society prepared the way for the English utilitarians. His views were extensively discussed throughout Britain and ranged as far as the American colonies, where his political theory was adopted by revolutionaries. He is best known for his contribution to moral theory, being the chief exponent of the 'moral sense' doctrine which, following Shaftesbury, emphasized feeling rather than reasoning as the source of judgements of virtue and vice.A System of Moral Philosophy was written as early as 1738, but added to and altered by Hutcheson throughout his life. Published posthumously in 1755 by Hutcheson's son, Francis the younger, the System is Hutcheson's longest work and the fullest explanation of his method. Giving a comprehensive account of morality, it includes discussions of human nature; our duties to God, to each other and ourselves; the supreme good; civil liberty; rights; contracts; marriage; the rights and duties of parents; and the laws of peace and war. The work also contains an argument against slavery that was reprinted in colonial Philadelphia and helped give academic weight to the anti-slavery movement. William Leechman, a friend of Hutcheson and Professor of Divinity at Glasgow, contributes a highly valuable biography. This edition also includes a new introduction by Daniel Carey. (shrink)

Starting from the notion of a structural relation between war and rape in patriarchal systems, this article aims at pointing out how this relation is reflected in the co-occurrence of war and marriage metaphors in mergers and acquisitions (M&A) discourse. Critical Discourse Analysis is combined with cognitive metaphor theory to show how metaphors of marriage and romance ("MERGERS ARE MARRIAGES") tend to co-occur with war and various derived metaphors ("M&As ARE BATTLES FOR TERRITORY"). The significance of these (...) co-occurrences is illustrated through corpus data from genres such as newspaper reports and journal articles. Results of additional qualitative analysis are drawn upon to investigate whether the well-established marriage metaphor functions as an ideologically invested euphemism for rape metaphors. Because the latter are more often than not conspicuously absent, the notion of metaphor gaps is introduced and discussed briefly. (shrink)

It has long been recognized that the Indian subcontinent is home to two markedly different systems of kinship that broadly correspond to prominent linguistic and geographical divisions in the region: those of the Indo-Āryan North and the Dravidian South. Moreover, scholars have widely agreed that the most distinctive feature of Dravidian kinship is the widespread practice of cross-cousin marriage in its various forms. In the Indo-Āryan North, by contrast, a man is generally forbidden from marrying a woman to (...) whom he is biologically related in any way within a fairly large number of generations. Nevertheless, by the close of the first millennium CE, Brāhmaṇa intellectuals throughout India shared in common both a canon of scriptural sources and a complex tradition of jurisprudence known as Dharmaśāstra. Hence, this raises the question: How did classical Brāhmaṇical jurists of the North and the South deal with the controversial issue of cross-cousin marriage? It is this question that this article aims to address in comprehensive detail. In particular, it will trace the treatment of cross-cousin marriage within Dharmaśāstra from the earliest texts of the tradition up to the two earliest and most prominent juridical defenses of the custom, composed in the thirteenth and fourteenth centuries. It will then conclude by drawing attention to a rare case where a particular Dharmaśāstra work can be seen to have influenced the marriage practices in a particular region of South India in the premodern past. (shrink)

Gender ideologies are embedded in intersecting race, class, and gender systems. Yet Black masculinity is often defined one-dimensionally, without attention to class variation in gender enactment. Particularly, with regard to heterosexual partnering, representations of Black masculinity most often involve men enacting compensatory displays to account for having too little masculine capital to meet the dominant culture’s protector–provider prerequisites for accomplishing marital masculinity. Drawing from interviews with 42 never-married Black professional men, I explore their ideas about how masculinity ought to (...) be done within the marital relationship—a critical site for the reproduction of gender inequality. Findings reveal that these men construct “Black professional hybrid masculinity” around a simultaneously racialized and classed compensatory strategy of masculine protection and equitable spousal sharing, resisting simple classification as either hegemonic or counterhegemonic. Rather, it is a distinctly hybrid masculine strategy. These men cherry-pick hegemonic gender norms to reconstruct gender identities that reaffirm their sense of manhood and idealize their future wives as symbols of hybrid femininity—work-devoted women who are also femininely in need of masculine protection. This research offers an intersectional extension of hybrid masculinity and illustrates the need for heterogeneous and context-varied theories of how Black men do gender. (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)

The implementation of international human rights laws at the national and local levels relies on the framing of norms. Recent research has shown that international norms regarding child marriage have shifted from setting a minimum age limit to building the agency of girls to resist the practice, which can be either active or passive. Active agency requires taking action for its purpose, whereas passive agency involves acting in situations with limited options. The dominant discourse on child marriage often (...) portrays girls as victims, and this article adds to the existing literature on how child brides exert agency utilizing semiotics approach. Based on an extended qualitative study conducted at _Quarit Woreda_, the Amhara Regional State of Ethiopia, the article explores how the girls have been exerting transformative agency to resist the practice, or at least exercise limited agency to enforce their marital choice. It also contrasts them with female parents, where the latter are found to uphold mythical signification being one among the central norm holders. By doing so, the contribution seeks to understand the semiotic system—the structural resources that support versus socio-cultural factors that constrain their agency. This article also discusses the multifaceted difficulties faced by girls in challenging the well-established norm and the creative strategies they use to overcome impediments through networking and collaboration pathways. Lastly, the article suggests potential future interventions that aim to enhance girls’ transformative agency which in turn supports the effective enforcement of child marriage law in the study area. (shrink)

By setting the focus on issues of dependence and embodiment, feminist work has and continues to radically improve our understanding of Kant’s practical philosophy as one that is not (as it typically has been taken to be) about disembodied abstract rational agents. This paper outlines this positive development in Kant scholarship in recent decades by taking us from Kant’s own comments on women through major developments in Kant scholarship with regard to the related feminist issues. The main aim is to (...) provide an overview of the philosophical resources already available in the literature as well as a sense of where main interpretive and philosophical challenges currently lie. More specifically, I start with a brief summary of the kinds of statements Kant makes about women that give rise to the many interpretive and philosophical puzzles facing anyone who reads his philosophy carefully. I then provide a brief historical overview of many of the pioneering women Kant scholars who made it possible for there to be so many excellent women scholars in the Kant community today and for firmly establishing the condition of woman as a point of inquiry on the philosophical map. The last section is organized in themes to give the reader a sense of the current, related discussions. I provide an overview of the more recent literature regarding Kant on women, embodiment (sexual objectification, sexual activity, sexual violence, abortion), care relations (marriage, dependents, servants), and systemic injustice (poverty, sex work, and oppression). As we will see, these many engagements with Kant’s philosophy not only help us to better understand our inherited women-undermining and problematic dependency-furthering institutions and practices, but also provide ample philosophical resources that can be utilized in our efforts to envision the project of reform such that we can achieve a better future for each and all. (shrink)

This book presents strategies for using systemic theory and evidence-based practice in schools to support students, the adults in their lives, and their wider communities. Beginning by introducing and explaining the Advocating Students-within-Environments (ASE) theory, each chapter then addresses a specific school-based issue, such as academic achievement, crisis, trauma, and resiliency, from a systemic and environmental lens. Practical and accessible, the chapters are filled with case examples, evidence-base interventions, and helpful tools to show how counselors can incorporate the approach into (...) their practice. Extending beyond school and student problems, this text also explores greater system functioning, such as community outreach and state level intervention, discussing advocacy and political issues. This book is essential for school-based professionals who are looking for new ways to work with students, families, and their communities. It will also be of interest to mental health professionals who work systemically, such as marriage and family therapists and community counselors. (shrink)

Abstract Physiological psychology has its conceptual roots in stimulus?response behaviourism. The resurgence of cognitive concepts in mainstream psychology has led to a separation between the two, largely due to the failure of most cognitive theories to specify how their explanatory processes could be realised in the nervous system. Connectionism looks as if it may be able to bridge this gap. The problem is that connectionism takes a radically different view of the brain from that adopted in traditional physiological psychology. This (...) paper looks at some of the implications of connectionism for how physiological psychology should develop. It also looks at the implications of the findings of physiological psychology for connectionism. (shrink)

Kinship terminologies are basic cognitive semantic systems that all human societies use for organizing kin relations. Diversity in kinship systems and their categories is substantial, but constrained. Rácz, Passmore, and Jordan explore hypotheses about such constraints from learning theories and social pressures, testing the impact of a community‐size driven learning bottleneck against the social coordination demands of different kinds of marriage and resource systems.

The case of highland Yemen up to around the middle of the twentieth century involves a history different from most Muslim societies in that, from 1919, the Yemeni state was independent. The problem I address concerns the utility of thinking about the highland property regime in this era in relation to the categories of "private" and "public." What sort of antecedents existed, at the level of property relations, for later commercial transformations that would culminate in such things as Pizza Hut (...) franchises? In Yemen, the polity of the period was a type of Islamic state, one based on the shari`a in ideology and in application and headed by a classical form of jurist-leader, a figure known as an imam. Prior to the twentieth century, this Yemeni form of a shari`a-based Islamic polity had a thousand year history in the highlands. Shari`a courts had exclusive competence as state tribunals, and judges, trained on old-style law books, heard the full gamut of litigation. By contrast, colonial changes in other Muslim societies typically entailed a sharp alteration and restriction of the sphere of the shari`a, often limiting application to the domain of "family law" alone. At the same time, the highlands had yet to commence the other great and, elsewhere, ongoing modern transformation of the shari`a, codification and legislation, which would not begin in Yemen until after the Revolution of 1962.Highland society at mid-century was agrarian, based primarily on settled plow cultivation, and the associated property regime was almost exclusively "private." In Yemen, the "private" property regime centered conceptually on milk, a category of individual ownership of immoveable property, and on the concept of mal, a commercial commodity. As a form of private, landed property, milk involved rights that could be acquired, alienated and inherited, and the associated agricultural production was based on lease contracts between landlords and sharecroppers. Pious endowments were the basis for one of the great Muslim "public" institutions, which supported mosques, schools, water systems, etc. Another fundamental "public" institution was an extension of the "private" commercial notion of mal into the state institution of the 'House of Mal,' or Treasury. Other key "public" institutions were the imamate itself, a form of Islamic state, and the shari`a court. This shari`a system can be thought of in terms of three levels of legal texts. At the highest level, shari`a doctrine, the jurisprudence of the period, constituted an ideology of the property regime. The doctrine provided models for both the range of substantive undertakings and for court processes, but the relationship of these models to the property relations and to litigation on the ground is a key question. At the lowest level, the routine documents of ongoing, uncontested practice proliferated. These included ordinary sale documents, leases, marriage contracts, endowment instruments, wills and estate inheritance instruments. Between high doctrine and low instruments were the records of shari`a court judgments, records in which the conflicts and contradictions of the property system were expressed, argued and ruled upon. In certain problem areas of the law, the ruling imams's personal doctrinal "choices" were designed to guide court judges in their rulings. (shrink)

A complex interaction of ideological, financial, social, and moral factors makes the financial sustainability of health care systems a challenge across the world. One difficulty is that some of the moral commitments of some health care systems collide with reality. In particular, commitments to equality in access to health care and to fair equality of opportunity undergird an unachievable promise, namely, to provide all with the best of basic health care. In addition, commitments to fair equality of opportunity (...) are in tension with the existence of families, because families are aimed at advantaging their own members in preference to others. Because the social-democratic state is committed to fair equality of opportunity, it offers a web of publicly funded entitlements that make it easier for persons to exit the family and to have children outside of marriage. In the United States, in 2008, 41% of children were born outside of wedlock, whereas, in 1940, the percentage was only 3.8%, and in 1960, 5%, with the further consequence that the social and financial capital generated through families, which aids in supporting health care in families, is diminished. In order to explore the challenge of creating a sustainable health care system that also supports the traditional family, the claims made for fair equality of opportunity in health care are critically reconsidered. This is done by engaging the expository device of John Rawls’s original position, but with a thin theory of the good that is substantively different from that of Rawls, one that supports a health care system built around significant copayments, financial counseling, and compulsory savings, with a special focus on enhancing the financial and social capital of the family. This radical recasting of Rawls, which draws inspiration from Singapore, is undertaken as a heuristic to aid in articulating an approach to health care allocation that can lead past the difficulties of social-democratic policy. (shrink)

A complex interaction of ideological, financial, social, and moral factors makes the financial sustainability of health care systems a challenge across the world. One difficulty is that some of the moral commitments of some health care systems collide with reality. In particular, commitments to equality in access to health care and to fair equality of opportunity undergird an unachievable promise, namely, to provide all with the best of basic health care. In addition, commitments to fair equality of opportunity (...) are in tension with the existence of families, because families are aimed at advantaging their own members in preference to others. Because the social-democratic state is committed to fair equality of opportunity, it offers a web of publicly funded entitlements that make it easier for persons to exit the family and to have children outside of marriage. In the United States, in 2008, 41% of children were born outside of wedlock, whereas, in 1940, the percentage was only 3.8%, and in 1960, 5%, with the further consequence that the social and financial capital generated through families, which aids in supporting health care in families, is diminished. In order to explore the challenge of creating a sustainable health care system that also supports the traditional family, the claims made for fair equality of opportunity in health care are critically reconsidered. This is done by engaging the expository device of John Rawls's original position, but with a thin theory of the good that is substantively different from that of Rawls, one that supports a health care system built around significant copayments, financial counseling, and compulsory savings, with a special focus on enhancing the financial and social capital of the family. This radical recasting of Rawls, which draws inspiration from Singapore, is undertaken as a heuristic to aid in articulating an approach to health care allocation that can lead past the difficulties of social-democratic policy. (shrink)

Across mammals, when fathers matter, as they did for hunter-gatherers, sex-similar pair-bonding mechanisms evolve. Attachment fertility theory can explain Schmitt's and other findings as resulting from a system of mechanisms affording pair-bonding in which promiscuous seeking is part. Departures from hunter-gatherer environments (e.g., early menarche, delayed marriage) can alter dating trajectories, thereby impacting mating outside of pair-bonds.

ABSTRACT The essay has two parts. The first part outlines one cardinal aspect that runs through traditional African societies: the communal spirit. It is argued that it is this aspect of traditional African societies that sets them apart from the individualistic Western societies. The notions of ontology, ethics, and marriage are used to characterize the communal spirit. The second part, which is the core of the essay, focuses on the naming system among the Luo ethnic group of Kenya. Three (...) categories are identified in their naming system and it is maintained that all the categories reflect the prevalent communal principle and is the reason why Joluo treat names with reverence. For them a name is more than what one responds to when called out; it is a reflection that an individual is part and parcel of the community. (shrink)

Upon previous research, the matrilineal system seems to oppose Islamic teaching. However, the matrilineal system practiced by the Minangkabau society in West Sumatra, Indonesia has its uniqueness. Thus, this study aims to examine the correlation between the Qur’an and gender roles within the context of Minangkabau customs, specifically focusing on the matrilineal aspect. The present study employs qualitative methods for conducting library research through critical analysis. This study discovered that the matrilineal system practiced by the Minangkabau society aligns with Qur’anic (...) teachings that respect the position of women in Islam. In the matrilineal system of Minangkabau, women hold significant strength and play an influential role in cultural and traditional practices. The Minangkabau tribe’s matrilineal system encompasses three key elements: marriage, inheritance and offspring. The marriage system is exogamous. Additionally, the practice of marriage is localised, with the husband typically residing in the wife’s household. Their inheritance is divided into pusako tinggi [from ancestors from generation to generation] and pusako randah (from the efforts of married couple). Women get pusako tinggi as they serve as protectors and a symbol of their community. In comparison, men take the responsibility of overseeing its preservation to prevent any form of misuse. Pusako randah is distributed as Islamic teaching. Lineage determination is primarily based on paternal lineage, aligning with Islamic teaching. Upon comprehensive analysis, it becomes evident that there is no conflict between the matrilineal system and Islamic teachings, particularly concerning principles of gender equality. Both women and men have significant roles, as the Qur’an provides extensive explanations regarding gender equality.Contribution: This research holds significant findings in establishing a great relation between Islamic teachings based on the Qur’an and the matrilineal principles practiced by the Minangkabau tribe. (shrink)

In this paper I use measures of childhood growth to assess from both an evolutionary theoretical and an applied public health perspective the impact of polygyny on maternal-child welfare among the Datoga pastoralists of Tanzania. I report that the growth and body composition of children varies in such a way as to suggest that polygyny is not generally beneficial to women in terms of offspring quality. Cross-sectional analysis of covariance by maternal marriage status revealed that children of first and (...) second wives in polygynous marriages grow relatively poorly, that this is correlated with maternal physical status, and that the pattern is not modified by household wealth. I discuss how the dynamics of sexual conflicts operating during the formation and maintenance of marriages may be important factors in the etiology of poor child growth in this population, leading to complex patterns of variation in anthropometric indicators of both women and children. The theoretical conclusion is that improved evolutionary models of polygyny should be designed to examine the potential for adaptive tradeoffs between the currencies of offspring quality and quantity for all types of parents in a polygynous population. The practical conclusion is that a better understanding of the relationships between marriage practices and health outcomes would assist in the development of culturally appropriate health and nutrition interventions. (shrink)

The ArgumentThe thesis of this paper is that there are three basic processes by which a technological innovation is fitted into an existing culture: Rejection, in situations where all interested groups are satisfied with a traditional technology and reject apparently superior innovations because they would force unwanted changes in technology and ideology; Acceptance, in situations where a new technology is embraced by all because it appears to serve the same social and ideological functions as an inferior, or inoperative, traditional technology; (...) and — most commonly in complex societies — conflict over acceptance or rejection, in situations where a new technology introduced or proposed by one group, who perceive it as advancing their interests, is resisted by another group, who perceive it as threatening their welfare. A traditional tripartite concept of culture is employed, distinguishing technology, social organization, and ideology. Four case studies are introduced to illuminate the issue: the Thonga tribesmen of Mozambique, whose occupation as gold and diamond miners at first suited perfectly the requirements of the Thonga lineage and marriage system; the Yir Yoront of Australia, an aboriginal group who found that the steel axe introduced by whites disrupted the patriarchal status system and confounded their mythology; the Senecas, an American Indian tribe that for generations rejected male plow agriculture because their way of life was organized around female horticulture, but who took up male agriculture at the urging of a prophet when traditional male roles disintegrated on the reservation; and the anthracite miners and mine operators of nineteenth-century Pennsylvania, who discovered that fundamental changes in both social organization and ideology were needed in order to cope with catastrophically high rates of industrial accidents attendant on the new system of deep-shaft mining. (shrink)

A problem of the system of values becomes more an actual in terms of the ideological crisis of society. Instability of human development, which caused by the crisis state of society is generates instability and in the institution of marriage. Outstanding issues are - the instability of marriage and a high divorce rate, one-child family. Ukraine takes the third place divorce among European countries. The way out of this situation could be change of paradigm values, by borrowing from (...) Turkic social culture of moral and family values, and bringing them into a society that "sick" cult of consumption. The phenomenon of ethnic family should be defined as a step towards integration into the global society. Becomes important study of the functioning of inter-ethnic families, so it will be necessary to find out which mark applied to the institute Ukrainian marriage value system Turkic ethnic social groups, to identify the factors that contribute to the dynamics of ethno symbiotic relationship. (shrink)

The most pressing issues of the twenty-first century—climate change and persistent hunger in a world of food surpluses, to name only two—are not problems that can be solved from within individual disciplines, nation-states, or cultural perspectives. They are predicaments that can only be resolved by generating sustained and globally robust coordination across value systems. The scale of the problems and necessity for coordinated global solutions signal a world historical transit as momentous as the Industrial Revolution: a transition from the (...) predominance of technical knowledge to that of ethical deliberation. This volume brings together leading thinkers from around the world to deliberate on how best to correlate worth (value) with what is worthwhile (values), pairing human prosperity with personal, environmental, and spiritual flourishing in a world of differing visions of what constitutes a moral life. Especially in the aftermath of what is now being called the Great Recession, awareness has mounted of the imperative to question the modern divorce of economics from ethics. While the domains of economics and ethics were from antiquity through at least the eighteenth century understood in many cultures to be coterminous and mutually entailing, the modern assumption has been that the goal of maximizing human prosperity and the aim of justly enhancing our lives as persons and as communities were functionally and practically distinct. Working from a wide array of perspectives, the contributors to this volume offer a set of challenges to the assumed independence of the quantitative and qualitative dimensions of human and planetary well-being. Reflecting on the complex interrelationship among economics, justice, and equity, the book resists "one size fits all" approaches and struggles to revitalize the marriage of economics and ethics by activating cultural differences as the basis of mutual contribution to shared human flourishing. The publication of this important collection will stimulate or extend critical debates among scholars and students working in a number of disciplines in the social sciences and humanities, including philosophy, history, environmental studies, economics, and law. Contributors: Roger T. Ames, James Behuniak Jr., Steve Bein, Nalini Bhushan, Purushottama Bilimoria, Steven Burik, Amita Chatterjee, Baoyan Cheng, Gordon Davis, Jay L. Garfield, Steven F. Geisz, Peter D. Hershock, Larry A. Hickman, Kathleen M. Higgins, Heidi M. Hurd, Thomas P. Kasulis, Workineh Kelbessa, Lori Keleher, Oliver Leaman, James McRae, Jin Y. Park, James Peterman, Naoko Saito, May Sim, Robert Smid, Paul Standish, Kenneth W. Stikkers, Karsten J. Struhl, Meera Sushila Viswanathan, Wu Shiu- Ching, Xu Di, T. Yamauchi, Yang Liuxin. (shrink)

In her recent book Private Government, Elizabeth Anderson makes a powerful but pragmatic case against the abuses experienced by employees in conventional corporations. The purpose of this review-essay is to contrast Anderson’s pragmatic critique of many abuses in the employment relation with a principled critique of the employment relationship itself. This principled critique is based on the theory of inalienable rights that descends from the Reformation doctrine of the inalienability of conscience down through the Enlightenment in the abolitionist, democratic, and (...) feminist movements. That theory was the basis for the abolition of the voluntary slavery or self-sale contract, the voluntary non-democratic constitution (pactum subjectionis), and the voluntary coverture marriage contract in today’s democratic countries. When understood in modern terms, that same theory applies as well against the voluntary self-rental or employment contract that is the basis for our current economic system. (shrink)

The _Biakē _custom, an ancient practice among the Ogoni indigenous people, refers to a system by which certain girls or women are not allowed to marry, but are legitimately allowed to raise children for their parents or family, because of some peculiar circumstances of the household, thus the idea of ‘mothers but not wives.’ However, the _Biakē _practice has been misconstrued with the malapropism called ‘_Sira_-Custom,’ implying a system in which the first daughters are not given out for marriage. (...) This study focused on the philosophical foundation of _Biakē _and its implications on the Ogoni contemporary society. The study discovered that there was never a time in Ogoni history when _Sira _(first daughters) was denied the right to marry out. Every Ogoni daughter is eligible for marriage. The study argues that though the philosophy of _Biakē _emphasizes the continuity of the family/lineage, women serving under _Biakē _and their children may experience psychological trauma due to the absence of a “father figure” and other unmet needs. Using the prescriptive method, this paper advocated for the promulgation of laws, and regulations to modify the _Biakē _custom to accommodate the Ogoni modern-day reality. (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)

The myth of true, lifelong love promoted low divorce rates among farmers who depended on each other for survival. In the urban ecology after industrialization, it became increas­ingly clear that long-term monogamy goes against human nature. In the Scandinavian Modern Breakthrough, a late-1800s literary movement, Henrik Ibsen, August Strindberg, and others clashed in a battle over modern mating morality. Each interpreted Darwin to fit their own agenda, suggesting naturalistic understandings of “free love” and “true mar­riage,” some of which were laughable (...) while others landed authors in prison. Evolutionary theory from our present era suggests that human mate choice is guided by three brain systems: erotic lust, romantic love, and feelings of deep attachment; our species thus evolved for serial pair-bonding with extra-pair copulation. Using these and other evolutionary insights, this article evaluates narratives from the Modern Breakthrough, which laid the foundation for today’s gender-equal and sexually liberal Nordic societies. (shrink)