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Marriage, law and modernity : global histories / edited by Julia Moses.

Contributor(s): Material type: TextTextPublisher: London : New York, NY : Bloomsbury Academic, 2017Description: 1 online resourceContent type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9781474276122
  • 1474276121
  • 9781474276139
  • 147427613X
Subject(s): Genre/Form: Additional physical formats: Print version:: Marriage, law and modernity.DDC classification:
  • 306.8109 23
LOC classification:
  • HQ515 .M386 2017eb
Online resources:
Contents:
Intro -- Title Page -- Copyright Page -- Contents -- List of Figures -- List of Contributors -- Acknowledgements -- Introduction: Making Marriage 'Modern' -- Marriage, Law and the State -- Civility, Modernity and the Family -- Family, Religion and Community -- Notes -- Part One: Marriage and Forms of the Family -- Chapter 1: From Liberalism to Human Dignity: The Transformation of Marriage and Family Rights in Brazil* -- Colonial Society and the Long Shadow of the 'Traditional Brazilian Family', 1500-1889 -- The Struggle to Modernize Marriage Law, 1889-1988 -- Marriage, the Construction of Homosexuality and LGBT Rights Activism -- Winning Marriage Equality through the Courts, 1988-2013 -- Notes -- Chapter 2: From Toleration to Prosecution: Concubinage and the Law in China -- The Confucian Marriage System -- Concubinage as a Semi-Marital Union in the Qing -- Concubinage as Adultery under GMD Law -- Concubinage as Bigamy under CCP Law -- Conclusion -- Notes -- Chapter 3: The Birth of Mistresses and Bastards: The History of Modern Marriage in Siam (Thailand)1 -- Nineteenth-Century Imperialism and the Politics of Polygyny in Siam -- Siam's Alternative Marital Modernity: Buddhist Defence of Polygyny -- Connubial Ambivalence: Siam's Law on Monogamy -- Conclusion -- Notes -- Chapter 4: Royal Marriage in Europe: An Inherently Conservative System -- Dynasty and Royal Marriage -- Genealogy and Dynastic Marriage -- The Legal Framework of Dynastic Marriage -- Dealing with Problematic Unions -- Royal Marriage since ca. 1800 -- Notes -- Part Two: Marriage, Religion and the State -- Chapter 5: 'Till Death Do You Part': Catholicism, Marriage and Culture War in Austria( -Hungary)* -- From Sacrament to Contract -- Culture Wars and Marriage in Austria-Hungary -- Marriage and Social Democracy -- Marriage in the Christian Corporate State -- Notes.
Chapter 6: Modernizing Marriage in Egypt -- Muslim Jurisprudence and the Family -- Modernist Intellectuals and the New Family Ideology -- Monogamy in the Khedival House -- Emergence of a Middle-class Style of Conjugality -- Conclusion -- Notes -- Chapter 7: 'A Babel of Law': Hindu Marriage, Global Spaces and Intimate Subjects in Late-Nineteenth-Century India -- Constructing Conservatism and Defining a Hindu Public -- Hindu Law, National 'Well-being' and Social Orders -- Plural Law and Colonial Tangles -- Conclusion -- Notes -- Chapter 8: English Exports: Invoking the Common Law of Marriage across the Empire in the Nineteenth Century -- Marriage Law at Home: The Growth of Religious Toleration -- Marriages Overseas: The Expansion of the Empire and the Reach of English law -- Marrying Domestic and Imperial Developments: Common Law for the New Imperial Context -- Conclusion -- Notes -- Part Three: Marriage, Kinship and Community -- Chapter 9: Finding the Ordinary in the Extraordinary: Marriage Norms and Bigamy in Canada -- Prosecuting Bigamy -- Bigamy and Marital Norms -- Upholding Marriage -- Notes -- Chapter 10: Equality before the Law? The Intermarriage Debate in Post-Nazi Germany -- Marriage and Family in Germany Imperilled? -- Pathologizing Marriage to Muslim Men -- Conclusion -- Notes -- Chapter 11: Customary and Civil Marriage Law and the Question of Gender Equality in Twentieth and Twenty-First-Century Gabon and Africa* -- Colonial Legacies in African Marriage and Family Law -- State Attempts to Legislate Marriage and Family Law in the Early Years of Independence -- Bridewealth in Law and Practice since the Passage of the 1963 Law -- NGOs, Democratization and the Question of Gender Equality since 1990 -- Notes -- Postscript: How History Mattered in Gaining Same-Sex Marriage Rights in the United States -- Notes -- Select Bibliography.
Summary: "Marriage, Law and Modernity offers a global perspective on the modern history of marriage. Widespread recent debate has focused on the changing nature of families, characterized by both the rise of unmarried cohabitation and the legalization of same-sex marriage. However, historical understanding of these developments remains limited. How has marriage come to be the target of national legislation? Are recent policies on same-sex marriage part of a broader transformation? And, has marriage come to be similar across the globe despite claims about national, cultural and religious difference? This collection brings together scholars from across the world in order to offer a global perspective on the history of marriage. It unites legal, political and social history, and seeks to draw out commonalities and differences by exploring connections through empire, international law and international migration."-- Provided by publisher
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Includes bibliographical references and index.

Print version record.

Intro -- Title Page -- Copyright Page -- Contents -- List of Figures -- List of Contributors -- Acknowledgements -- Introduction: Making Marriage 'Modern' -- Marriage, Law and the State -- Civility, Modernity and the Family -- Family, Religion and Community -- Notes -- Part One: Marriage and Forms of the Family -- Chapter 1: From Liberalism to Human Dignity: The Transformation of Marriage and Family Rights in Brazil* -- Colonial Society and the Long Shadow of the 'Traditional Brazilian Family', 1500-1889 -- The Struggle to Modernize Marriage Law, 1889-1988 -- Marriage, the Construction of Homosexuality and LGBT Rights Activism -- Winning Marriage Equality through the Courts, 1988-2013 -- Notes -- Chapter 2: From Toleration to Prosecution: Concubinage and the Law in China -- The Confucian Marriage System -- Concubinage as a Semi-Marital Union in the Qing -- Concubinage as Adultery under GMD Law -- Concubinage as Bigamy under CCP Law -- Conclusion -- Notes -- Chapter 3: The Birth of Mistresses and Bastards: The History of Modern Marriage in Siam (Thailand)1 -- Nineteenth-Century Imperialism and the Politics of Polygyny in Siam -- Siam's Alternative Marital Modernity: Buddhist Defence of Polygyny -- Connubial Ambivalence: Siam's Law on Monogamy -- Conclusion -- Notes -- Chapter 4: Royal Marriage in Europe: An Inherently Conservative System -- Dynasty and Royal Marriage -- Genealogy and Dynastic Marriage -- The Legal Framework of Dynastic Marriage -- Dealing with Problematic Unions -- Royal Marriage since ca. 1800 -- Notes -- Part Two: Marriage, Religion and the State -- Chapter 5: 'Till Death Do You Part': Catholicism, Marriage and Culture War in Austria( -Hungary)* -- From Sacrament to Contract -- Culture Wars and Marriage in Austria-Hungary -- Marriage and Social Democracy -- Marriage in the Christian Corporate State -- Notes.

Chapter 6: Modernizing Marriage in Egypt -- Muslim Jurisprudence and the Family -- Modernist Intellectuals and the New Family Ideology -- Monogamy in the Khedival House -- Emergence of a Middle-class Style of Conjugality -- Conclusion -- Notes -- Chapter 7: 'A Babel of Law': Hindu Marriage, Global Spaces and Intimate Subjects in Late-Nineteenth-Century India -- Constructing Conservatism and Defining a Hindu Public -- Hindu Law, National 'Well-being' and Social Orders -- Plural Law and Colonial Tangles -- Conclusion -- Notes -- Chapter 8: English Exports: Invoking the Common Law of Marriage across the Empire in the Nineteenth Century -- Marriage Law at Home: The Growth of Religious Toleration -- Marriages Overseas: The Expansion of the Empire and the Reach of English law -- Marrying Domestic and Imperial Developments: Common Law for the New Imperial Context -- Conclusion -- Notes -- Part Three: Marriage, Kinship and Community -- Chapter 9: Finding the Ordinary in the Extraordinary: Marriage Norms and Bigamy in Canada -- Prosecuting Bigamy -- Bigamy and Marital Norms -- Upholding Marriage -- Notes -- Chapter 10: Equality before the Law? The Intermarriage Debate in Post-Nazi Germany -- Marriage and Family in Germany Imperilled? -- Pathologizing Marriage to Muslim Men -- Conclusion -- Notes -- Chapter 11: Customary and Civil Marriage Law and the Question of Gender Equality in Twentieth and Twenty-First-Century Gabon and Africa* -- Colonial Legacies in African Marriage and Family Law -- State Attempts to Legislate Marriage and Family Law in the Early Years of Independence -- Bridewealth in Law and Practice since the Passage of the 1963 Law -- NGOs, Democratization and the Question of Gender Equality since 1990 -- Notes -- Postscript: How History Mattered in Gaining Same-Sex Marriage Rights in the United States -- Notes -- Select Bibliography.

"Marriage, Law and Modernity offers a global perspective on the modern history of marriage. Widespread recent debate has focused on the changing nature of families, characterized by both the rise of unmarried cohabitation and the legalization of same-sex marriage. However, historical understanding of these developments remains limited. How has marriage come to be the target of national legislation? Are recent policies on same-sex marriage part of a broader transformation? And, has marriage come to be similar across the globe despite claims about national, cultural and religious difference? This collection brings together scholars from across the world in order to offer a global perspective on the history of marriage. It unites legal, political and social history, and seeks to draw out commonalities and differences by exploring connections through empire, international law and international migration."-- Provided by publisher

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