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.” Michael Howard 1989:454
A socially approved sexual union of some permanence between
two or more individuals” (Robertson, 1981:630)
“A relationship established between a woman and one or more
other persons, which provides that a child born to the woman
under circumstances not prohibited by the rules of the
relationship, is accorded full birth-status rights common to
normal members of his society or social stratum. “ Kathleen
Gough 1959
“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
The Marriage
Jan Steen c. 1660
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
Even older people, when a marriage breaks up are now more likely
to first enter a common law relationship before re-marrying
Percentage of Canadians married, living
common law or as single parents
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
Are same sex marriages,
an affront to a divinely
ordained order ?
The Nandi- Kenya
The specific institutional pattern has been heavily sanctioned in
moral and legal codes
Same Sex 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.
July 2003 The federal gov’t submits 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.
March 2004 The Quebec Court of Appeal ruled that same-sex marriages are
legal in the province. SSM is now available to 80% of Canada's population
without the spouses having to leave their province of residency
Sept 16 2004 a court in Manitoba authorizes same-sex marriages in
Sept 16 2004 A court in Nova Scotia authorized same-sex marriages
Between Adults?
After Berber wedding
rituals are concluded, the
bride is permitted to
remove her veil, revealing,
in this instance, a 12-yearold.
Berber Child Bride,
Morocco
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
between families
opening a young bride's
5. characteristic of societies with fixed plot
dowry. The dowry
agriculture
includes rugs,
6. common among European peasants and
handsewn mattresses,
widespread in Asia, especially India
dresses, and dishes.
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
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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
Polygyny
Polyandry
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

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


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
• Prestige and wealth of
household
• Share housework and
childcare
• Less child bearing
• Greater freedom and
autonomy
• Companionship
• Can get married easily
Advantages for woman
Conflicts
Conflicting interest in children –
inheritance
jealousy
Polygyny
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Works best when roles
are institutionalized
Husband advised to
treat each wife equally
Hut complex
Rotation system
Clear inheritance rules
Sororal polygyny
Kings 11:3 “He [King
Solomon] had seven hundred
wives of royal birth and three
hundred concubines, and his
wives led him astray.”
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)
It was only after a U.S. Supreme Court decision in 1967 that
mixed race couples could marry anywhere in the U.S
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).
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
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.
I’m My Own
Grandpa
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
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
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
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
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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.
Functions of Marriage
Regulates mating, reproduction and child rearing in a socially
approved way.
Provides a mechanism for regulating the sexual division of
labor – domestic relationships that facilitate the exchange of
goods and services.
Creates a set of family relationships that can provide for the
material, educational and emotional needs of children.
Legitimizes children
provides for the woman in many technologically simply
societies there is no means whereby an unmarried woman can
support herself
defines social position of individuals e.g. adulthood
establishes legal rights and interests e.g. over property,
children etc.
Serves as an instrument of political relations between