Marriage Law And Modernity

Marriage, Law and Modernity offers a global perspective on the modern history of marriage. Widespread recent debate has focused on the changing nature of families, characterized by both the rise of unmarried cohabitation and the legalization of same-sex marriage. However, historical understanding of these developments remains limited. How has marriage come to be the target of national legislation? Are recent policies on same-sex marriage part of a broader transformation? And, has marriage come to be similar across the globe despite claims about national, cultural and religious difference? This collection brings together scholars from across the world in order to offer a global perspective on the history of marriage. It unites legal, political and social history, and seeks to draw out commonalities and differences by exploring connections through empire, international law and international migration.

An innovative cultural history of the evolution of modern marriage practices in Bengal, Marriage and Modernity challenges the assumption that arranged marriage is an antiquated practice. Rochona Majumdar demonstrates that in the late colonial period Bengali marriage practices underwent changes that led to a valorization of the larger, intergenerational family as a revered, “ancient” social institution, with arranged marriage as the apotheosis of an “Indian” tradition. She meticulously documents the ways that these newly embraced “traditions”—the extended family and arranged marriage—entered into competition and conversation with other emerging forms of kinship such as the modern unit of the couple, with both models participating promiscuously in the new “marketplace” for marriages, where matrimonial advertisements in the print media and the payment of dowry played central roles. Majumdar argues that together the kinship structures newly asserted as distinctively Indian and the emergence of the marriage market constituted what was and still is modern about marriages in India. Majumdar examines three broad developments related to the modernity of arranged marriage: the growth of a marriage market, concomitant debates about consumption and vulgarity in the conduct of weddings, and the legal regulation of family property and marriages. Drawing on matrimonial advertisements, wedding invitations, poems, photographs, legal debates, and a vast periodical literature, she shows that the modernization of families does not necessarily imply a transition from extended kinship to nuclear family structures, or from matrimonial agreements negotiated between families to marriage contracts between individuals. Colonial Bengal tells a very different story.

Marriage, Law and Modernity offers a global perspective on the modern history of marriage. Widespread recent debate has focused on the changing nature of families, characterized by both the rise of unmarried cohabitation and the legalization of same-sex marriage. However, historical understanding of these developments remains limited. How has marriage come to be the target of national legislation? Are recent policies on same-sex marriage part of a broader transformation? And, has marriage come to be similar across the globe despite claims about national, cultural and religious difference? This collection brings together scholars from across the world in order to offer a global perspective on the history of marriage. It unites legal, political and social history, and seeks to draw out commonalities and differences by exploring connections through empire, international law and international migration.

Subject Stages argues that the discourses and practices of marital legislation, litigation, and theatrics informed each other in early modern Spain in ways that still have a critical bearing on contemporary events in Spain, such as the legalization of divorce in 1978 and of same-sex marriage in 2005.

The processes of modernization and globalization promise more wealth and health for many people. But they are also a threat to the stability and quality of marriage and family life. This new book -- at once sobering and constructive -- looks at the impact of these processes on marriage and asks what Christianity, in cooperation with other religions, can do to strengthen married life today. Among the deleterious effects of modernization and globalization on marriage are a worldwide drift of men away from the responsibility of parenthood and the tendency of mothers too readily to take on the task of childrearing alone. After looking at recent research on these and other problems, Don Browning suggests that the cure for modern marital disruption entails reforming and reconstructing the institution of marriage while also nurturing relevant forms of social support. Yet the effort to initiate a "world marriage revival" requires a complex cultural work, and Browning explores the key contributions that the religions of the world must make for such an effort to be successful.

This book explores how women deal with the realm of marriage in Lombok, eastern Indonesia. It draws on women’s narratives of their marital trajectories, recounting their stories of courtship, marital discord, and experiences of divorce, remarriage and polygamy.

This book examines the (in)visibility of romantic love in the legal discourse surrounding modern Australian marriage. It looks at how romantic love has become a core part of modernity, and a dominant part of the Western marriage discourse, and considers how the ideologies of romantic love are (or are not) replicated in the legal meaning of marriage. This examination raises two key issues. If love has become central to people’s understanding of marriage, then it is important for the legitimacy of law that love is reflected in both the content and application of the law. More fundamentally, it requires us to reconsider how we understand law, and to ask whether it is engaged with emotions, or separate from them. Along the way this book also considers the meaning of love itself in contemporary society, and asks whether love is a radical force capable of breaking down conservative meanings embedded in institutions like marriage, or whether it simply mirrors them. This book will be of interest to everyone working on love, marriage and sexuality in the disciplines of law, sociology and philosophy.

Burying the Beloved traces the relationship between the law and literature in Iran to reveal the profound ambiguities at the heart of Iranian ideas of modernity regarding women's rights and social status. The book reveals how novels mediate legal reforms and examines how authors have used realism to challenge and re-imagine notions of "the real." It examines seminal works that foreground acute anxieties about female subjectivity in an Iran negotiating its modernity from the Constitutional Revolution of 1905 up to and beyond the Islamic Revolution of 1979. By focusing on marriage as the central metaphor through which both law and fiction read gender, Motlagh critically engages and highlights the difficulties that arise as gender norms and laws change over time. She examines the recurrent foregrounding of marriage at five critical periods of legal reform, documenting how texts were understood both at first publication and as their importance changed over time.

This book uses a wide range of primary sources - legal, literary and demographic - to provide a radical reassessment of eighteenth-century marriage. It disproves the widespread assumption that couples married simply by exchanging consent, demonstrating that such exchanges were regarded merely as contracts to marry and that marriage in church was almost universal outside London. It shows how the Clandestine Marriages Act of 1753 was primarily intended to prevent clergymen operating out of London's Fleet prison from conducting marriages, and that it was successful in so doing. It also refutes the idea that the 1753 Act was harsh or strictly interpreted, illustrating the courts' pragmatic approach. Finally, it establishes that only a few non-Anglicans married according to their own rites before the Act; while afterwards most - save the exempted Quakers and Jews - similarly married in church. In short, eighteenth-century couples complied with whatever the law required for a valid marriage.