The Polygamy Question

Author: Janet Bennion,Lisa Fishbayn Joffe

Publisher: University Press of Colorado

ISBN: 0874219973

Category: History

Page: 288

View: 8522

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The practice of polygamy occupies a unique place in North American history and has had a profound effect on its legal and social development. The Polygamy Question explores the ways in which indigenous and immigrant polygamy have shaped the lives of individuals, communities, and the broader societies that have engaged with it. The book also considers how polygamy challenges our traditional notions of gender and marriage and how it might be effectively regulated to comport with contemporary notions of justice. The contributors to this volume—scholars of law, anthropology, sociology, political science, economics, and religious studies—disentangle diverse forms of polygamy and polyamory practiced among a range of religious and national backgrounds including Mormon and Muslim. They chart the harms and benefits these models have on practicing women, children, and men, whether they are independent families or members of coherent religious groups. Contributors also address the complexities of evaluating this form of marriage and the ethical and legal issues surrounding regulation of the practice, including the pros and cons of legalization. Plural marriage is the next frontier of North American marriage law and possibly the next civil rights battlefield. Students and scholars interested in polygamy, marriage, and family will find much of interest in The Polygamy Question. Contributors include Kerry Abrams, Martha Bailey, Lori Beaman, Janet Bennion, Jonathan Cowden, Shoshana Grossbard, Melanie Heath, Debra Majeed, Rose McDermott, Sarah Song, and Maura Irene Strassberg.
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The Mormon Question

Polygamy and Constitutional Conflict in Nineteenth-Century America

Author: Sarah Barringer Gordon

Publisher: Univ of North Carolina Press

ISBN: 0807875260

Category: Religion

Page: 352

View: 2994

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From the Mormon Church's public announcement of its sanction of polygamy in 1852 until its formal decision to abandon the practice in 1890, people on both sides of the "Mormon question" debated central questions of constitutional law. Did principles of religious freedom and local self-government protect Mormons' claim to a distinct, religiously based legal order? Or was polygamy, as its opponents claimed, a new form of slavery--this time for white women in Utah? And did constitutional principles dictate that democracy and true liberty were founded on separation of church and state? As Sarah Barringer Gordon shows, the answers to these questions finally yielded an apparent victory for antipolygamists in the late nineteenth century, but only after decades of argument, litigation, and open conflict. Victory came at a price; as attention and national resources poured into Utah in the late 1870s and 1880s, antipolygamists turned more and more to coercion and punishment in the name of freedom. They also left a legacy in constitutional law and political theory that still governs our treatment of religious life: Americans are free to believe, but they may well not be free to act on their beliefs.
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The Multi-Cultural Family

Author: Ann Laquer Estin

Publisher: Routledge

ISBN: 1351885405

Category: Law

Page: 604

View: 1548

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With the accelerating movement of individuals and families across national borders, the intersections of cultural and legal frameworks have become increasingly complex. The Multi-Cultural Family collects essays from around the world on the challenges of legal pluralism, minority religious communities and customary or indigenous law, with attention paid to marriage and divorce, as well as child custody and adoption, family violence and dispute resolution.
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Marriage Trafficking

Women in Forced Wedlock

Author: Kaye Quek

Publisher: Routledge

ISBN: 1317216024

Category: Political Science

Page: 182

View: 6318

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This book examines the traffic in women for marriage, a phenomenon that has been largely overlooked in international efforts to address the problem of human trafficking. In contrast to current international and state-based approaches to trafficking, which tend to focus on sex trafficking and trafficking for forced labour, this book seeks to establish how marriage as an institution is often implicated in the occurrence of trafficking in women. The book aims firstly to establish why marriage has tended not to be included in dominant conceptions of trafficking in persons and secondly to determine whether certain types of marriage may constitute cases of human trafficking, in and of themselves. Through the use of case studies on forced marriage, mail-order bride (MOB) marriage and Fundamentalist Mormon polygamy, this book demonstrates that certain kinds of marriage may in fact constitute situations of trafficking in persons and together form the under-recognised phenomenon of ‘marriage trafficking’. In addition, the book offers a new perspective on the types of harm involved in trafficking in women by developing a framework for identifying the particular abuses characteristic to marriage trafficking. It argues that the traffic in women for marriage cannot be understood merely as a subset of sex trafficking or trafficking for forced labour, but rather constitutes a distinctive form of trafficking in its own right. This book will be of great interest to scholars and postgraduates working in the fields of human rights theory and institutions, political science, international law, transnational crime, trafficking in persons, and feminist political theory.
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