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Slaves, mistresses, concubines - the English courts have used these terms to describe polygamous wives in the past, but are they still seen this way today? Using a critical postcolonial feminist lens, this book provides a contextualized exploration of English legal responses to polygamy. Through the legacies of British imperialism, the book shows how attitudes to polygamy are shaped by indifference and hostility towards its participants. This goes beyond the law, as shown by the stories of women shared throughout the book negotiating their identities and relationships in the UK today. Through its analysis, the book demonstrates how polygamy and polygamous wives are subjected to imperialist and orientalist discourses which dehumanise them for practising a relationship that has existed for millennia.
Using a critical postcolonial feminist lens, this book provides a contextualised exploration of English legal responses to polygamy.
Slaves, mistresses, concubines – the English courts have used these terms to describe polygamous wives in the past, but are they still seen this way today? Using a critical postcolonial feminist lens, this book provides a contextualized exploration of English legal responses to polygamy. Through the legacies of British imperialism, the book shows how attitudes to polygamy are shaped by indifference and hostility towards its participants. This goes beyond the law, as shown by the stories of women shared throughout the book negotiating their identities and relationships in the UK today. Through its analysis, the book demonstrates how polygamy and polygamous wives are subjected to imperialist and orientalist discourses which dehumanise them for practising a relationship that has existed for millennia.
This insightful Research Handbook provides a global perspective on key legal debates surrounding marriage and cohabitation. Bringing together an impressive array of established and emerging scholars, it adopts a comparative approach to analyse cross-jurisdictional trends and divergences in relationship recognition and family formation.
What were the laws on marriage in Ireland, and did church and state differ in their interpretation? How did men and women meet and arrange to marry? How important was patriarchy and a husband's control over his wife? And what were the options available to Irish men and women who wished to leave an unhappy marriage? This first comprehensive history of marriage in Ireland across three centuries looks below the level of elite society for a multi-faceted exploration of how marriage was perceived, negotiated and controlled by the church and state, as well as by individual men and women within Irish society. Making extensive use of new and under-utilised primary sources, Maria Luddy and Mary O'Dowd explain the laws and customs around marriage in Ireland. Revising current understandings of marital law and relations, Marriage in Ireland, 1660–1925 represents a major new contribution to Irish historical studies.
What is a family? What makes someone a parent? What rights should children have? In this Very Short Introduction Jonathan Herring provides an insight not only into what the law is, but why it is the way it is. It also looks at the future to consider what families will look like in the years ahead, and what new dilemmas the courts may face.
The law-based, political institutions in many democratic societies are being challenged by fast-growing populist movements, parties, and leaders. In other nations, the state is failing. These seismic changes call for greater attention to be paid to the role society plays in forming and challenging laws—and how the law copes with these challenges. Amitai Etzioni, one of the most respected thinkers in the US, argues for a new liberal communitarian approach as an effective response to populism. This recognizes that different members of the society have differing values, interests, and needs that cannot be fully reconciled to legislation in a populist age. The book considers the core challenge in a variety of contexts, including national security versus privacy, private sector responsibility, freedom of the press, campaign finance reform, regulatory law and the legal status of terrorists. Thus the book offers a timely discussion of key issues for contemporary society and the relationship of the law to the citizen in a fast-changing environment.
This book provides a comparative account of the abolition of concubinage in East Asia, offering a new perspective and revised analysis of the factors leading to – and the debates surrounding – the introduction of a new Marriage Reform Ordinance in Hong Kong in 1971. It uses this law as a platform to examine how the existence of concubinage – long preserved in the name of protecting Chinese traditions and customs — crucially influenced family law reforms, which were in response to a perceived need to create a ‘modern’ marriage system within Hong Kong’s Chinese community after the Second World War. This was, by and large, the result of continued pressure from within Hong Kong and from Britain to bring Hong Kong’s marriage system in line with international marriage treaties. It represented one of the last significant intrusions of colonial law into the private sphere of Hong Kong social life, eliminating Chinese customs which had been previously recognised by the colonial legal system’s family law. This book contextualizes the Hong Kong situation by examining judicial cases interpreting Chinese customs and the Great Qing Code, offering a comprehensive understanding of the Hong Kong situation in relation to the status of concubines in Republican China and other East Asian jurisdictions. It will be of particular interest to teachers and students of law, as well as researchers in gender studies, post-colonialism, sociology and cultural studies.
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