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women genuinely consent to polygynist marriages, because what rational women genuinely consent to polygynist marriages, because what rational

women genuinely consent to polygynist marriages, because what rational - PDF document

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women genuinely consent to polygynist marriages, because what rational - PPT Presentation

University Law Review 31 2003 439 Only Strassberg considers relati Traditional monogamy involves two asymmetric marital relations illustrated in Figure 1 Figure 1 The wife ID: 399766

University Law Review (2003):

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women genuinely consent to polygynist marriages, because what rational woman would voluntarily c University Law Review 31 (2003): 439-___. Only Strassberg considers relati Traditional monogamy involves two asymmetric marital relations, illustrated in Figure 1. Figure 1: The wifeÕs relation to her husband is a Òfull marriageÓ (Mf). Her moral personality is subsumed in the marriage. The husbandÕs relation to his wife, in contrast, is a Òweak marriageÓ (Mw). He reserves his moral personality (or rather his personality becomes the marriage). Õ relative control over Alexandre, Michel, ÒBig Love: Is Feminist Polygamy an Oxymoron or a True Possibility?Ó Hastings Wome Common law states are more complicated. During the marriage, each spouse retains full control over any property they earn, which is formally symmetrical but creates actual inequality in most cases where only one spouse works outside the home. Substantive equality is achieved only at divorce, when all property ÔconvertsÕ to marital property to be split evenly or equitably. 15 This is marriage is eliminated. Each spousal pair shares the same full marital relation in both directions. Spouses may consistently enter several full relation because each spouse is married to every other. This str Modern American culture no longer accepts this. We endorse marriages with spouses incapable of sex and asexual spouses. Celibate marriages are no less marriages. A spouse may hope to contribute to a sexual life with t efforts to initiate meaningful sexual relations. On this ground, however, sex does not differ from other marital activities, except in perhaps its perceived centrality. If one spouse, for instance, adamantly desired to learn to dance and his partner refused to take dancing lesson relations. If the spousesÕ primary claims and duties are to the family as a collective, this structure is less like marriage than like an association.26 Marital duties become, like civic duties, derivate whose interests are not reducible to private interests of each spouse. Most importantly, polyfidelity may maintain group and personal moral obligations. Even if polyfidelity recognizes a moral relation between each individual and the group, the individual marriages need not disappear into that group relation. A binary relation that extends to every member of a set is not the same as a relation between each member and the set itself. The two relations are not exclusive. Moreover, marital obligations need not Because this weakening may excise typical moral rights or expectations of marriage, one may justly ask whether the relations retain enough to qualify as marriages for purposes of social recognition. For moral purposes, what matters is symmetry in expectations, so the marital cases may be cons third of her resources. Her demands on per