A SCHOLARLY BOOK REPOSITORY
What can abortion and divorce laws in other countries teach Americans about these thorny issues? In this incisive new book, noted legal scholar Mary Ann Glendon looks at the experiences of twenty Western nations, including the United States, and shows how they differ, subtly but profoundly, from one another. Her findings challenge many widely held American beliefs. She reveals, for example, that a compromise on the abortion question is not only possible but typical, even in societies that are deeply divided on the matter. Regarding divorce, the extensive reliance on judicial discretion in the United States is not the best way to achieve fairness in arranging child support, spousal maintenance, or division of property—to judge by the experience of other countries. Glendon's analysis, by searching out alternatives to current U.S. practice, identities new possibilities of reform in these areas. After the late 1960s abortion and divorce became more readily available throughout the West—and most readily in this country—but the approach of American law has been anomalous. Compared with other Western nations, the United States permits less regulation of abortion in the interest of the fetus, provides less public support for maternity and child-rearing, and does less to mitigate the economic hardships of divorce through public assistance or enforcement of private obligations of support.
Glendon looks at these and more profound differences in the light of a powerful new method of legal interpretation. She sees each country's laws as part of a symbol-creating system that yields a distinctive portrait of individuals, human life, and relations between men and women, parents and children, families and larger communities. American law, more than that of other countries, employs a rhetoric of rights, individual liberty, and tolerance for diversity that, unchecked, contributes to the fragmentation of community and its values. Contemporary U.S. family law embodies a narrative about divorce, abortion, and dependency that is probably not the story most Americans would want to tell about these sad and complex matters but that is recognizably related to many of their most cherished ideals.
When their parents divorce, some children falter and others thrive. This book asks why. Is it the custody arrangement? A parent's new partner? Conflicts or consistency between the two households? Adolescents after Divorce follows children from 1,100 divorcing families to discover what makes the difference. Focusing on a period beginning four years after the divorce, the authors have the articulate, often insightful help of their subjects in exploring the altered conditions of their lives.
These teenagers come from a wide range of backgrounds. Some are functioning well. Some are faring poorly. The authors examine the full variety of situations in which these children find themselves once the initial disruption has passed--whether parents remarry or repartner, how parents relate to each other and to their children, and how life in two homes is integrated. Certain findings emerge--for instance, we see that remarried new partners were better accepted than cohabiting new partners. And when parents' relations are amicable, adolescents in dual custody are less likely than other adolescents to experience loyalty conflicts. The authors also consider the effects of visitation arrangements, the demands made and the goals set within each home, and the emotional closeness of the residential parent to the child.
A gold mine of information on a topic that touches so many Americans, this study will be crucial for researchers, counselors, lawyers, judges, and parents.
In Calvin’s Geneva, the changes associated with the Reformation were particularly abrupt and far-reaching, in large part owing to John Calvin himself. Adultery and Divorce in Calvin’s Geneva makes two major contributions to our understanding of this time. The first is to the history of divorce. The second is in illustrating the operations of the Consistory of Geneva—an institution designed to control in all its variety the behavior of the entire population—which was established at Calvin’s insistence in 1541. This mandate came shortly after the city officially adopted Protestantism in 1536, a time when divorce became legally possible for the first time in centuries.
Robert Kingdon illustrates the changes that accompanied the earliest Calvinist divorces by examining in depth a few of the most dramatic cases and showing how divorce affected real individuals. He considers first, and in the most detail, divorce for adultery, the best-known grounds for divorce and the best documented. He also covers the only other generally accepted grounds for these early divorces—desertion.
The second contribution of the book, to show the work of the Consistory of Geneva, is a first step toward a fuller study of the institution. Kingdon has supervised the first accurate and complete transcription of the twenty-one volumes of registers of the Consistory and has made the first extended use of these materials, as well as other documents that have never before been so fully utilized.
Deleda's tragic story of poverty, passion, and guilt portrays the primitive and remote world of the church, pre-Christian superstitions, and laws dictated from the mainland, in her native Sardinia, where society hangs in a delicate balance. Once this order is disrupted, none of these characters can escape the spiral of destruction dictated by fate, God, and society.
While western-derived legal codes have superseded Islamic law in many parts of the Muslim world, Islamic, Koran-based law still retains its force in the area of marriage and family relations, the area that is key to the status of women. This work makes available for the first time in English three compilations of responses to questions about family law given by two prominent Muslim jurists of the ninth century (third century of Islam)—Ahmad b. Hanbal, the eponymous founder of the Hanbali rite of Sunni Islam (the one dominant in Saudi Arabia), and Ishaq b. Rahwayh. These compilations are basic sources for the study of the development of legal thinking in Islam.
The introduction to the translation locates the compilations in a historical context and elucidates how the various issues of family law are treated. An appendix contains a collation of the significant variants among the manuscripts and printed versions of the Arabic texts. The volume concludes with a topical index and an index of names.
Much as abortion in the United States today is a contentious issue used for scripting women's roles and potential into the national agenda, divorce was an issue dividing England in the Edwardian era. According to Janice Harris, anything and everything, from illicit sex and family values to the Garden of Eden, wrath of children, poverty of women, nature of cruelty, scandal of America, threat of Germany, and future of England were part of the debate over divorce. Living under marriage laws far more restrictive than those of their Protestant neighbors, Edwardian women and men campaigned for reform with a barrage of compelling stories. Organizing her analysis around three major sources of narrative on divorce––the Sunday papers, the Report of the Royal Commission on Divorce and Matrimonial causes, and the novel––Harris uncovers a war of words and a competition of tales. In raising questions about the winners, losers, and spoils, Harris expands our understanding of the history of divorce, the wars between the sexes, and the political import of those wars.
In the end, she presents a complex and lively story herself, one that illuminates battles over marriage and divorce taking place in our own era as well. This humane book on a long-neglected subject marks an important contribution to narrative studies and Edwardian history.
Gross Misbehavior and Wickedness—the charges Nina levied at James for his adultery (with the family governess) and extreme cruelty—recounts the protracted legal proceedings in juicy detail.
Jean Elson uses court documents, correspondence, journals, and interviews with descendants to recount the salacious case. In the process, she underscores how divorce—in an era when women needed husbands for economic support—was associated with women’s aspirations for independence and rights. The Walkers’ dispute, replete with plot twists and memorable characters, sheds light on a critical period in the evolution of American culture.
Relating the intensely personal stories from people experiencing different stages of divorce, Alexy provides a rich ethnography of Japan while also speaking more broadly to contemporary visions of love and marriage during an era in which neoliberal values are prompting wide-ranging transformations in homes across the globe.
Widely praised as the best available study of its kind, Marriage and Divorce, in a new, revised edition, incorporates recent statistics to bring its treatment up to date. This book is replete with information about factors affecting the stability of marriage, the decision to marry or to divorce, and differences in marriage and divorce patterns among various socioeconomic classes and races. There are, in addition, chapters on people who never marry, on the relationship of marital status and health, on family composition and living arrangements, and on work experience and income of married persons. The new, concluding chapter focuses on developments in the turbulent decade of the sixties and early seventies.
Sociologists, psychologists, marriage counselors, and practitioners in the medical and health fields as well as demographers will find this study invaluable, as will students in these and related areas.
With roller coaster changes in marriage and divorce rates apparently leveling off in the 1980s, Andrew Cherlin feels that the time is right for an overall assessment of marital trends. His graceful and informal book surveys and explains the latest research on marriage, divorce, and remarriage since World War II.
Cherlin presents the facts about family change over the past thirty-five years and examines the reasons for the trends that emerge. He views the 1950s, when Americans were marrying and having children early and divorcing infrequently, as the aberration, and he discusses why this period was unusual. He also explores the causes and consequences of the dramatic changes since 1960—increases in divorce, remarriage, and cohabitation, decreases in fertility—that are altering the very definition of the family in our society. He concludes with a discussion of the increasing differences in the marital patterns of black and white families over the past few decades.
Marriage in a Culture of Divorce examines the shifting meanings of divorce and gender for two generations of middle-class, married couples. Hackstaff finds that new social and economic conditions both support and undermine the efforts of spouses to redefine the meaning of marriage in a culture of divorce. The definitions of marriage, divorce, and gender have changed for all, but more for the young than the old, and more for women than for men. While some spouses in both generations believe that marriage is for life and that men should dominate in marriage, the younger generation of spouses increasingly construct marriage as contingent rather than forever.
Hackstaff presents this evidence in archival case studies of couples married in the 1950s, which she then contrasts with her own case studies of people married during the 1970s, finding evidence of a significant shift in who does the emotional work of maintaining the relationship. It is primarily the woman in the '50s couples who "monitors" the marriage, whereas in the '70s couples both husband and wife support a "marital work ethic," including couples therapy in some cases.
The words and actions of the couples Hackstaff follows in depth - the '50s Stones, Dominicks, Hamptons, and McIntyres, and the '70s Turners, Clement-Leonettis, Greens, Kason-Morrises, and Nakatos -- reveal the changes and contradictory tendencies of married life in the U.S. There are traditional relationships characterized by male dominance, there are couples striving for gender equality, there are partners pulling together, and partners pulling apart.
Those debating "family values" should not forget, Hackstaff contends, that there are costs associated with marriage culture as well as divorce culture, and they should view divorce as a transitional means for defining marriage in an egalitarian direction. She convincingly illustrates her controversial position, that although divorce has its cost to society, the divorce culture empowers wives and challenges the legacy of male dominance that previously set the conditions for marriage endurance.
Kim E. Nielsen explores a life at once irregular and unexceptional. Historical and institutional structures, like her whiteness and laws that liberalized divorce and women's ability to control their property, opened up uncommon possibilities for Ott. Other structures, from domestic violence in the home to rampant sexism and ableism outside of it, remained a part of even affluent women's lives. Money, Marriage, and Madness tells a forgotten story of how the legal and medical cultures of the time shaped one woman—and what her life tells us about power and society in nineteenth century America.
The American fixation with marriage, so prevalent in today's debates over marriage for same-sex couples, owes much of its intensity to a small group of reformers who introduced Americans to marriage counseling in the 1930s. Today, millions of couples seek help to save their marriages each year. Over the intervening decades, marriage counseling has powerfully promoted the idea that successful marriages are essential to both individuals' and the nation's well-being.
Rebecca Davis reveals how couples and counselors transformed the ideal of the perfect marriage as they debated sexuality, childcare, mobility, wage earning, and autonomy, exposing both the fissures and aspirations of American society. From the economic dislocations of the Great Depression, to more recent debates over government-funded "Healthy Marriage" programs, counselors have responded to the shifting needs and goals of American couples. Tensions among personal fulfillment, career aims, religious identity, and socioeconomic status have coursed through the history of marriage and explain why the stakes in the institution are so fraught for the couples involved and for the communities to which they belong.
Americans care deeply about marriages—their own and other people's—because they have made enormous investments of time, money, and emotion to improve their own relationships and because they believe that their personal decisions about whom to marry or whether to divorce extend far beyond themselves. This intriguing book tells the uniquely American story of a culture gripped with the hope that, with enough effort and the right guidance, more perfect marital unions are within our reach.
When Phyllis Barber’s thirty-three-year marriage ended, she had to redefine herself as a woman, a mother, and an artist. Raw Edges is her moving account of the “lean years” that followed her divorce. It is interwoven with a narrative of the marriage of two gifted people that begins with “sealing” in a Mormon temple, endures through the birth of four sons and the development of two careers, and founders when the couple’s personal needs no longer match their aspirations or the rigid strictures of Mormon life. Raw Edges reflects the predicament that many women experience as their marriages disintegrate and they fail to achieve their own expectations as well as those set by their society and their faith. It is also a story of hope, of how a woman overcome by grief and confusion eventually finds a new approach to life.
For more than five years, Jenkins observed religious support groups and workshops for the divorced and interviewed religious practitioners in the midst of divorces, along with clergy members who advised them. Her findings appear here in the form of eloquent and revealing stories about individuals managing emotions in ways that make divorce a meaningful, even sacred process. Clergy from mainline Protestant denominations to Baptist churches, Jewish congregations, Unitarian fellowships, and Catholic parishes talk about the concealed nature of divorce in their congregations. Sacred Divorce describes their cautious attempts to overcome such barriers, and to assemble meaningful symbols and practices for members by becoming compassionate listeners, delivering careful sermons, refitting existing practices like Catholic annulments and Jewish divorce documents (gets), and constructing new rituals.
With attention to religious, ethnic, and class variations, covering age groups from early thirties to mid-sixties and separations of only a few months to up to twenty years, Sacred Divorce offers remarkable insight into individual and cultural responses to divorce and the social emotions and spiritual strategies that the clergy and the faithful employ to find meaning in the breach. At once a sociological document, an ethnographic analysis, and testament of personal experience, Sacred Divorce provides guidance, strategies and answers to readers looking for answers and those looking to heal.
Since 1966, divorce laws in the United States have undergone a radical transformation. No-fault divorce is now universally available. Alimony functions simply as a brief transitional payment to help a dependent spouse become independent. Most states divide assets at divorce according to a community property scheme, and, whenever possible, many courts prefer to award custody of children to the mother and the father jointly.
These changes in policy represent a profound departure from traditional American values, and yet the legislation by which they were enacted was treated as a technical correction of minor problems. No-fault divorce, for example, was a response to the increasing number of fraudulent divorce petitions. Since couples were often forced to manufacture the evidence of guilt that many states required, and since judges frequently looked the other way, legal reformers sought no more than to bring divorce statutes into line with current practice.
On the basis of such observations, Jacob formulates a new theory of routine—as opposed to conflictual—policy-making processes. Many potentially controversial policies—divorce law reforms among them—pass unnoticed in America because legislators treat them as matters of routine. Jacob's is indeed the most plausible account of the enormous number and steady flow of policy decisions made by state legislatures. It also explains why no attention was paid to the effect divorce reform would have on divorced women and their children, a subject that has become increasingly controversial and that, consequently, is not likely to be handled by the routine policy-making process in the future.
Asserting that the organization of sexual difference is a social, not natural, phenomenon, Poovey shows how representations of gender took the form of a binary opposition in mid-Victorian culture. She then reveals the role of this opposition in various discourses and institutions—medical, legal, moral, and literary. The resulting oppositions, partly because they depended on the subordination of one term to another, were always unstable. Poovey contends that this instability helps explain why various institutional versions of binary logic developed unevenly. This unevenness, in turn, helped to account for the emergence in the 1850s of a genuine oppositional voice: the voice of an organized, politicized feminist movement.
Drawing on a wide range of sources—parliamentary debates, novels, medical lectures, feminist analyses of work, middle-class periodicals on demesticity—Poovey examines various controversies that provide glimpses of the ways in which representations of gender were simultaneously constructed, deployed, and contested. These include debates about the use of chloroform in childbirth, the first divorce law, the professional status of writers, the plight of governesses, and the nature of the nursing corps. Uneven Developments is a contribution to the feminist analysis of culture and ideology that challenges the isolation of literary texts from other kinds of writing and the isolation of women's issues from economic and political histories.
The Catholic Church of early modern Europe intended the sacrament of matrimony to represent a lifelong commitment, and it allowed few grounds for the dissolution of an unhappy marriage. One was nonconsummation owing to the sexual impotency of one of the partners. Even then, an annulment was granted only after a church court had conducted a lengthy investigation of the case, soliciting testimony from numerous witnesses as well as from the aggrieved couple, and had subjected the allegedly impotent spouse (and sometimes both spouses) to an intimate physical examination.
Edward J. Behrend-Martinez has studied the transcripts of eighty-three impotency trials conducted by the ecclesiastical court of Calahorra (La Rioja), a Spanish diocese with urban and rural parishes, both Basque and Castilian. From these records, he draws a detailed, fascinating portrait of private life and public sexuality in early modern Europe. These trials were far more than a salacious inquiry into the intimate details of other people’s lives. The church valued marital sex as a cornerstone of stable society, intended not only for procreation but also for maintaining domestic harmony. Every couple’s sex life, however private in practice or intention, was a matter of public and ecclesiastical concern. Unfit for Marriage offers vivid accounts of marital sex and the role that property, gender, and personal preference played in marriage in early modern Europe. It is essential reading for anyone interested in social history, sexuality, gender studies, canon law, legal history, and the history of divorce in western Europe.
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