Marriage

1. Marriage

2. WHAT IS MARRIAGE? Common Law Definition "lawful union of one man and one woman." Common Law Definition (Bill C38) "lawful union of two persons to the exclusion of all others"

3. Anthropological definitions “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 2005 Tahitian couple

5. Characteristics of Marriage • socially approved or sanctioned? • sexual union • between a man and a woman? • between adults? • Political / religious / economic union • a bundle of rights, expectations, and obligations • assumption of relative permanence • legal (a contract) • between individuals? • part of a social process

6. 1. Socially Approved Is it OK for unmarried couples to cohabit? • Prior to 1960 unmarried couples in the US were legally prevented from registering in hotels or obtain a home mortgage. • In Canada, the number of common-law relationships more than doubled between 1981 and 2001 (14% 2001) • 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 Living in Sin?

7. Even older people, when a marriage breaks up are now more likely to first enter a common law relationship before re-marrying Stats Canada

8. 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

10. Cross Cousin and Parallel Cousin Marriages Ego's cross cousins (yellow) are the children of opposite sexed parental siblings Ego's parallel cousins (green) are the children of same sexed parental siblings In some 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 he/she will be in the same lineage (inheritance purposes).

12. 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

13. Biological Inbreeding results in Deleterious genetic defects Psychological Familiarity breads contempt Sociological Increases network of cooperation, prevents fighting Minimizing sexual competition within family Avoids role disruption within family Explanations for incest taboo

14. 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! I’m My Own Grandpa

15. 2. Sexual Union? Marriages of Convenience Nayar Exception Nayar Girls, Upper Class. Photo by Nicholas & Co. [ca. 1913] Is exclusivity in a relationship necessary?

16. 3. Between a Man and a Woman? Cheyenne Are same sex marriages, an affront to a divinely ordained order ? The Nandi- Kenya

17. Same Sex Marriages 1961 Illinois is the first state in the U.S. to decriminalize homosexuality. Others follow in 1960s and 1970s 1967 Britain decriminalizes homosexuality 1969 homosexuality decriminalized in Canada 1989: Denmark becomes the first country to legally recognize same-sex partnerships, essentially sanctioning gay marriages 2000Vermont is the first state in the U.S. to provide same-sex couples with rights, benefits and responsibilities similar to those of heterosexual couples 2001: The Netherlands allows same-sex couples to marry and gives them the same rights as heterosexuals when it comes to adopting 2003 June 10, Ontario widens marriage definition allowing same-sex couples to obtain marriage licenses. Other provinces follow 2005 (July 20) Bill C-38 becomes law redefining marriage as a “lawful union of two persons” permitting same sex marriage

18. 4. Between Adults? Mina, 8, with Sukhram, 22, right, and his family members, after their marriage (Rajasthan N. India 1998) Each year thousands of girls, some as young as 6 months, are married to older boys in weddings across the Rajasthan as part of the annual Akhai Teej, festival considered an auspicious day for marriage. Berber Child Bride, Morocco (12 yrs old)

19. 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. 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. We Roma have a tradition to marry our children when minors," he said. The minimum age for legal weddings in Romania is 16, but the practice of school-age marriages remains common in the Roma community, and the Romanian authorities normally turn a blind eye. September 30 2003 Friends say she was forced to consummate the marriage. "Legally it was rape," one friend said. The wedding was an "exceptionally grave breach of children's rights", said Romanian Deputy Prime Minister Serban Mihailescu. Florin Cioaba was defiant about Ana-Maria's wedding National Post

20. Catherine of Aragon Mary Tudor (Bloody Mary) 5. Political, Religious, Economic Union?

21. 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 and, increasingly, 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

22. 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.

23. Bridewealth is most common in patrilineal descent systems For the Nuer and Dinka, the transfer of cattle in marriage has 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.

24. Dowry A transfer of goods or money from the bride’s family to bridegroom, or the groom’s family. • 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 • which does not mean that she controls it • under traditional European law, for example a woman’s property falls exclusively under the control of her husband. • Also provides a mechanism for forming alliances between families • characteristic of societies with fixed plot agriculture • common among European peasants and widespread in Asia, especially India A Kazak woman opening a young bride's dowry.  The dowry includes rugs, handsewn mattresses, dresses, and dishes.

25. 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 DemonstrationDelhi, 1980

26. 6. 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 rights from a wife’s group to husbands (or vice versa) • rights to labour of men and women (economic) • rights to property (economic) • rights to the priority of sexual access (sexual) • rights over fertility - children i.e. belong to man’s or woman’s lineage (patrilineal/matrilineal) (social) Gabonaise Woman – Michael Brugger

27. 7. Assumption of Relative Permanence Austria DenmarkSlovakia Bulgaria Israel KyrgyzstanRomania Portugal Poland Armenia GreeceSpain AzerbaijanCroatiaCyprus Georgia Italy UzbekistanAlbania TurkeyMacedonia 383534282625242119181817151513121212765 BelarusRussiaSwedenLatviaUkraineCzech Rep.BelgiumFinlandLithuaniaU. K. MoldovaU.S.HungaryCanadaNorway FranceGermanyNetherlandsSwitzerland Iceland Kazakhstan 68%65646363615656555352494645 434341414039 39 Percentage of Divorces (as % of marriages)in Selected Countries

28. Divorce in non-Western societies • often involves a contract between corporate groups 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

29. 8. A legal contract What happens when the contract is broken? 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.”

30. 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

31. Nuer Ghost Marriage • A Nuer woman whose husband has died remains subject to a legal contract through which rights to her children were transferred to her husband's group.  • Ideally, she should remarry her deceased husband's brother. • Alternatively she may simply take lovers • Any children she then bears are socially defined as the offspring of her dead first husband. • Occasionally an unwed woman may marry the “ghost” of a dead man

32. 9. Between individuals? How Many Should one Marry?

33. Polygamy • one man and two or more women. (70% of societies) • Polygamy has been the cultural ideal in most societies. But monogamy is the statistical reality in all 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 • men marry at an older age than women. Polyandry Polygyny

34. Many children Prestige Wealth produced by wives and children Sex partners -- often many taboos Political alliances with in-laws Polygyny • Advantages for man: Tom Green and Family Salt Lake City Utah

35. Polygyny Advantages for woman

36. 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

37. Polyandry • two or more men share married 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.

38. 10. Marriage as a process • process through which families and kinship groups are formed • process whereby descent groups are interlinked • process of achieving reproduction of society, both socially and biologically.

39. 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 individuals and groups

40. 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 Why do People Get Married

41. 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

42. Patrilocal: Wife joins husband’s family Matrilocal: Husband joins wife’s family Neolocal: Couple form new residence Rules of Residence