Marriage WHAT IS MARRIAGE? `a transaction and resulting contract in which a person (m or f, corporate or individual) establishes a continuing claim to the right of sexual access to a woman. This right having priority over rights of sexual access others currently have, and which the woman involved is eligible to bear children. Goodenough (1970) “A socially sanctioned sexual and economic union between two or more members of opposite sexes.” Howard, Michael. 1989:454 A social approved sexual union of some permanence between two or more individuals” (Robertson, 1981:630) “A series of customs formalizing the relationship between male and female adults within the family. Marriage is a socially approved union between a man and a woman that regulates the sexual and economic rights and obligations between them. Marriage usually involves an explicit contract or understanding and is entered into with the assumption that it will be permanent.” Ferraro 2003 Characteristics of Marriage • socially approved or sanctioned • sexual union • between a man and a woman • adults • economic/ political/religious union • assumption of relative permanence • a bundle of rights, expectations, and obligations • legal (a contract) •a process (formation of household or family as economically productive unit) Socially Approved Prior to 1960 laws prevented unmarried couples in the US from registering in hotels and it was very difficult for an unmarried couple to obtain a home mortgage. In Canada, the number of common-law unions has more than doubled since 1981, (357,000 common-law relationships—about 6% of all couples.) By the 1996 Census, 920,640 common-law couples were recorded, roughly 14% of all couples Living in Sin? “Women in the ’90s were more likely than women in the ’80s to cohabit rather than marry in response to pregnancy. Suggests that cohabitation is becoming more a substitute for marriage, rather than a form of engagement that culminates in marriage Canadian stats Sexual Union? Marriages of Convenience postpartum sex taboo Nayar Girls, Upper Class. Photo by Nicholas & Co. [ca. 1913] Between a Man and a Woman? Cheyenne Male Daughters, Female Husbands: Gender and Sex in an African Society [, Zed Books, 1987] Gay and Lesbian Marriages in Canada In the 1990s and early 2000s, the provincial governments of Alberta, British Columbia, Nova Scotia, Ontario and Quebec granted restricted rights to gays and lesbians, that were nearly equivalent to those enjoyed by heterosexual common-law couples. June 10, 2003-, the definition of marriage in Ontario was widened by the courts so that same-sex couples were allowed to obtain marriage licenses and register their marriages for the first time. July 8 2003 British Columbia followed suit. The deputy Prime Minister, John Manley, commented to the media on August 21 2003 that Quebec will soon start to register same sex marriages If this happens, then same sex marriages will be available to 80% of Canada's gay and lesbian population without having to leave their province of residency. In July 2003 The federal government submitted draft legislation to the Supreme Court of Canada which would redefine marriage to include same-sex couples. The Court is expected to rule on the constitutionality of the proposed laws in 2004. What other countries recognize samesex marriages? • Netherlands • Germany What U.S. states give same-sex domestic partners rights similar to spouses? • Vermont and California Between Adults? Berber Child Bride, Morocco After Berber wedding rituals are concluded, the bride is permitted to remove her veil, revealing, in this instance, the childlike beauty of a 12-year-old. September 30 2003 Human rights activists have demanded action over the marriage of Ana-Maria Cioaba to a 15-year-old bridegroom. Ana-Maria is reported to be either 12 or 14 years old Family members say she had been promised in marriage to 15-year-old Birita Mihai when she was just seven, for the price of 500 gold coins. Florin Cioaba was defiant about AnaMaria's wedding The girl's father, Florin Cioaba, told critics to keep out of his business. "As a father I know what is good for my kids. Friends say she was forced to consummate the marriage. "Legally it We Roma have a tradition to marry our children when minors," he said. was rape," one friend said. The wedding was an "exceptionally grave breach of children's rights", said Romanian Deputy Prime Minister Serban Mihailescu. The minimum age for legal weddings in Romania is 16, but the practice of schoolage marriages remains common in the Roma community, and the Romanian authorities normally turn a blind eye. Political, Religious, Economic Union? Catherine of Aragon Mary Tudor (Bloody Mary) Bridewealth or bride-price A gift of money or goods given to the bride’s kin by the groom or his kin most common in pastoral communities where the traditional currency is livestock, especially cattle, horses, camels. now increasingly include money. in order to marry, young men must subordinate themselves, and become obligated to their elders (and provide labour, political support, bear arms etc.) senior men also therefore command the allocation of women’s labour power. some men use this power to obtain several wives for themselves, Dani Chief with Bride Price Stone Bridewealth payments may be concluded at the time of marriage or may continue for years. Bridewealth provides for a continuing relation between groups since in many societies a man’s kin are expected to contribute to the bridewealth needed for this marriage. Represents a tangible public statement of the marriage transaction -- as if they went through a church wedding Some dramatic changes in bridewealth have occurred with the introduction of education. An educated women is worth far more than an uneducated one. Most commonly bridewealth occurs in patrilineal descent systems The Nuer and Dinka, the transfer of cattle in marriage assumes a symbolically and politically central place in the affairs of descent groups. rights transferred to the groom’s group in exchange for • rights over a woman’s fertility • labour • future members characteristically seen as compensation to her kin group for the loss of her work services and presence as well as her fertility. Bridewealth • Legalizes marriage and legitimizes offspring • In patrilineal system, gives father the right to have the children belong to his group • Compensates bride’s family for loss of her services and allows them to replace her with daughter-in-law • Serves to ally families, those who receive share of payment are witnesses to marriage • Status symbol for both families • Guarantee of husband’s good behavior Bride service: groom works for bride’s family Dowry A transfer of goods or money from the bride’s family to bridegroom, or the groom’s family. 1. a dowry is a woman’s share of parental property which instead of passing to her upon her parent’s death is distributed to her at the time of her marriage 2. which does not mean that she controls it 3. under traditional European law, for example a woman’s property falls exclusively under the control of her husband. 4. Also provides a mechanism for forming alliances A Kazak woman opening a between families 5. characteristic of societies with fixed plot young bride's dowry. The dowry includes rugs, agriculture handsewn mattresses, 6. common among European peasants and dresses, and dishes. widespread in Asia, especially India Bollywood spoof posters Dowry is still an essential part of marriage negotiations in India. But nearly 5000 women a year are killed because they did not bring a big enough dowry ("bride burning" or "dowry deaths") Anti-Dowry Demonstration Delhi, 1980 A bundle of rights and Obligations Traditionally, in most societies, marriage was primarily an alliance between kin groups rather than between individuals. marriage involves a transfer or flow of these rights set of rights passes from a wife’s group to husbands (or vice versa) rights to labour of men and women (economic) rights to property - labour of women belong to men’s lineage (economic) rights to the priority of sexual access (sexual) rights over children i.e. belong to man’s or woman’s lineage (social) in patrilineal societies the husband acquires the rights to women’s fertility in matrilineal societies this remains with the wife’s group, Belarus Russia Sweden Latvia Ukraine Czech Rep. Belgium Finland Lithuania U. K. Moldova U.S. Hungary Canada Norway France Germany Netherlands Switzerland Iceland Kazakhstan 68% 65 64 63 63 61 56 56 55 53 52 49 46 45 43 43 41 41 40 39 39 Austria Denmark Slovakia Bulgaria Israel Kyrgyzstan Romania Portugal Poland Armenia Greece Spain Azerbaijan Croatia Cyprus Georgia Italy Uzbekistan Albania Turkey Macedonia 38 35 34 28 26 25 24 21 19 18 18 17 15 15 13 12 12 12 7 6 5 legal contract What happens when the contract is broken? Percentage of Divorces in Selected Countries Divorces (as % of marriages) Divorce Patterns If the wife earns more than her husband, the marriage is more likely to break up. If the wife’s health is poorer than her husband’s, the marriage is more likely to break up. The more housework a wife does, the less likely a couple is to divorce. Can you explain these findings? (Heckert, Nowak and Snyder, 1995) Heckert, Nowak and Snyder Suggest: A wife who earns more has more alternatives to an unsatisfying marriage. Social pressure is greater for a wife to take care of her husband. Housework is related to bargaining power-wives with more bargaining power are the least likely to put up with unsatisfying marriages. Divorce in non-Western societies often involves a contract between corporations and is more difficult than in West where bridewealth is high marriage is stable, where low divorce common what happens to the bridewealth? sometimes all or part returned may depend on the cause of divorce, or any children what happens to the contract between kin groups in terms of rights over the children. The relationship contractually established may endure despite the death of one of the partners Levirate Deuteronomy 25:5-6 If brothers are living together and one of them dies without a son, his widow must not marry outside the family. Her husband’s brother shall take her and marry her and fulfill the duty of a brother-in-law to her… The first son she bears shall carry on the name of the dead brother so that his name will not be blotted out from Israel. Sororate If a wife dies her lineage may be contractually obliged to provide a replacement I.e. her sister, or brother’s daughter, or some other close relative 1. a widower is entitled to a replacement bride from the same lineage or family. 2. obliges a woman to marry her deceased sister’s husband. 3. The longer the period of first marriage and the more children the less the claim. 4. levirate and sororate demonstrate that marriage is a union not simply between individuals but between the representatives of groups and that it is a contractual relationship Nuer Ghost Marriage How Many Should one Marry? Polygamy Polyandry Polygyny one man and two or more women. (70% of societies) most common where women are important contributors to the economy e.g. agricultural societies Polygyny often practised by men of wealth or high rank Commonly associated with an age asymmetry, were prominent men have gained power and wealth later in life and can afford another wife This causes a shortage of young women, and an excess of young unmarried men marry at an older age than women. Polygamy has been the cultural ideal in most societies. But monogamy is the statistical reality in all societies. Polygyny Advantages • • • • • for man: Many children Prestige Wealth produced by wives and children Sex partners often many taboos Political alliances with in-laws Polygyny Advantages for woman Polygyny Advantages for woman • • • • • • Prestige and wealth of household Share housework and childcare Less child bearing Greater freedom and autonomy Companionship Can get married easily Conflicts Conflicting interest in children – inheritance jealousy Kings 11:3 “He [King Solomon] had seven hundred wives of royal birth and three hundred concubines, and his wives led him astray.” Polygyny Works best when roles are institutionalized Husband advised to treat each wife equally Hut complex Rotation system Clear inheritance rules Sororal polygyny Polyandry two or more men share sexual access to one woman quite rare common form is where a group of brothers marry one woman called fraternal polyandry E.g. In Himalayas with land shortage its an effective way of limiting the population while ensuring their perpetuation. The marriage of brothers to a single woman averted the danger of constantly subdividing farmlands among all the sons of any one landowner. Who Should one Marry/Not Marry Rules of Exogamy (out marriage) and Endogamy (in-marriage) Rules of exogamy (out marriage) all societies have rules of exogamy which specify the ranges and categories of relatives who are considered forbidden as marriage partners. prohibitions on sexual relations and marriage between parents and children and brothers and sisters are universally applied. – Incest Taboo most societies extend these relationships to other close relatives but the ranges and categories included vary among societies Rules of endogamy (-in -marriage) 1. Rules that channel individuals into marriages within particular groups or categories, ranges of relationships 2. In spite of pervasive emphasis on love and individual choice in Western societies individuals are encouraged and sometimes forced to marry within ethnic and religious groups, similar class and educational backgrounds, 3. Endogamous practices help to highlight community identity and uniqueness in opposition to neighbouring groups with whom marriages are discouraged. 4. Endogamy is often applied to reinforce a group’s ability to maintain restrictive access to property, power and status. 5. Three types of intra-society endogamy: • caste endogamy, • village endogamy • lineage endogamy. Cross Cousin and Parallel Cousin Marriages Ego's cross cousins (in yellow) are distinguished from his parallel cousins (in green) as the children of opposite and same sexed parental siblings, respectively. In many societies the ideal is to marry one’s cross cousin, as he/she will belong to a different lineage (for alliance purposes), or parallel cousin, as the cousin will be in the same lineage (for inheritance purposes). Prohibitions on Cousin Marriages in the USA Incest Taboo Holds for parents and siblings in all current societies Only exceptions in past: Brother-Sister mating among royalty in ancient Egypt, Hawaii, Inca Cleopatra, the Last Pharaoh (B.C. 69-30) reigned as Queen Philopator and Pharaoh between 51 and 30 BC Married brother Ptolemy XIII After Ptolemy XIII’s death, married brother Ptolemy XIV Explanations for incest taboo Biological • Inbreeding results in Deleterious genetic defects Psychological • Familiarity breads contempt Sociological • Increases network of cooperation, spread ideas as well as genes • Minimizing sexual competition within family • Avoids role disruption within family Many, many years ago when I was just twenty-three, I was married to a widow, she was pretty as could be. This widow had a grown-up daughter who had hair of red And my father fell in Love with her. Soon they too were wed. This made my dad my son-in-law--changed my very life! My daughter was my mother because she was my father's wife! To complicate the matter even though it brought me joy, I soon became the father of a bouncing baby boy. My little baby he then became a brother-in-law to Dad. Well, that made him my uncle--made me very sad! Because if he was my uncle then he also was a brother To the widow's grown-up daughter, who, of course, was my stepmother. My father's wife then had a son who kept them on the run. And, of course, he became my grandchild because he was my daughter's son. My wife is now my mother's mother and this makes me blue Because although she is my wife, she's my grandmother too! Now if my wife is my grandmother, well, then I am her grandchild, And every time that I think about this, it nearly drives me wild! Because now I have become the strangest case that you ever saw As husband of my grandmother, I’m my own grandpa! Why do People Get Married Defines relations of pair to each other, their kin, future offspring and society Traditional reasons for marriage: • • • • • Gain adult status Sexual division of labor To have legitimate children Economic and political considerations Love History of Passionate Love 1500 west diverges from rest of world - emergence of the self the rise of individualism, democracy reinforces romantic love West: 500 yrs to make transition Rest of world: - 50 yrs love marriage sweeps the world Rules of Residence Patrilocal: Wife joins husband’s family Matrilocal: Husband joins wife’s family Neolocal: Couple form new residence Marriage is a process process through which families are formed process whereby descent groups are interlinked process of achieving reproduction of society, both socially and biologically.