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Looking for Love in the Legal Discourse of Marriage

Looking for Love in the Legal Discourse of Marriage
Author: Renata Grossi
Publisher: ANU Press
Total Pages: 182
Release: 2014-09-01
Genre: Law
ISBN: 1925021823

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This book examines the (in)visibility of romantic love in the legal discourse surrounding modern Australian marriage. It looks at how romantic love has become a core part of modernity, and a dominant part of the Western marriage discourse, and considers how the ideologies of romantic love are (or are not) replicated in the legal meaning of marriage. This examination raises two key issues. If love has become central to people’s understanding of marriage, then it is important for the legitimacy of law that love is reflected in both the content and application of the law. More fundamentally, it requires us to reconsider how we understand law, and to ask whether it is engaged with emotions, or separate from them. Along the way this book also considers the meaning of love itself in contemporary society, and asks whether love is a radical force capable of breaking down conservative meanings embedded in institutions like marriage, or whether it simply mirrors them. This book will be of interest to everyone working on love, marriage and sexuality in the disciplines of law, sociology and philosophy.


Law and Love

Law and Love
Author: Renata Grossi
Publisher:
Total Pages: 640
Release: 2011
Genre:
ISBN:

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This thesis is about how love, perceived as one of humanity's most powerful emotions, is reflected in law - one of society's most important social discourses. The specific context of this inquiry will be marriage. In the popular discourse of western societies, marriage is steeped in the ideology of romantic love, but to what extent is this view replicated in the legal meaning of marriage? This thesis interrogates four legal episodes which have significantly challenged traditional meanings of marriage in modern Australia, and asks to what extent, and in what form, romantic love features in the construction of those meanings. Marriage has conventionally been understood as a heterosexual relationship between one man and one woman, which has as one of its primary functions the procreation of children. Marriage has also been understood as an economic unit. As such sex, gender, sexuality, procreation, family and economics are all central ideas in marriage. This thesis takes four episodes which question whether sex is part of marriage (R v L); what the relationship between domestic and commercial arrangements are (Garcia); and whether sexual identity, gender and sexuality define marriage (Re Kevin and the same-sex marriage debate). This analysis will show that while romantic love is not altogether invisible in that legal discourse, it does not displace the traditional association of marriage with family, sexual access, procreation and economics. Furthermore when love is visible it is not the liberating, anti-traditional, progressive, radical phenomenon romantic love is often claimed to be; instead we see that love, as per the feminist and queer critiques, is mostly understood as being embedded in very traditional discourses of nature, procreation, domesticity and heterosexuality. Thinking about marriage in the context of love is not a typical legal exercise. Emotions are not usually regarded as relevant for the discipline of law; as such this thesis challenges the positivist rhetoric of law which persistently argues that law is and ought to be separate from emotion. This thesis will show that an emotional inquiry adds much both to the law's understanding of the institution of marriage and to our understanding of the law. This in turn better informs the law to fulfil its regulatory and conflict resolution functions; adds much to our understanding of how law thinks, operates and attributes meanings to social and cultural behaviour; and adds much to the effectiveness of law and its relevance to humanity.


The Radicalism of Romantic Love

The Radicalism of Romantic Love
Author: Renata Grossi
Publisher: Taylor & Francis
Total Pages: 209
Release: 2017-03-31
Genre: Social Science
ISBN: 1317018311

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Undoubtedly Romantic love has come to saturate our culture and is often considered to be a, or even the, major existential goal of our lives, capable of providing us with both our sense of worth and way of being in the world. The Radicalism of Romantic Love interrogates the purported radicalism of Romantic love from philosophical, cultural and psychoanalytic perspectives, exploring whether it is a subversive force capable of breaking down entrenched social, political and cultural norms and structures, or whether, in spite of its role in the fight against certain barriers, it is in fact a highly conservative impulse. Exploring both the grounds for the central place of Romantic love in contemporary lives and the meaning, extent and nature of its supposed radicalism, this volume considers love from a variety of theoretical perspectives, with attention to matters of gender, sexuality, class and ethnicity. With authors examining a range of questions, including the role of love in the same-sex marriage debate, polyamory and the notion of love as a political force, The Radicalism of Romantic Love illuminates a fundamental but perplexing aspect of our contemporary lives and will appeal to scholars across the social sciences and humanities with interests in the emotions and love as a social and political phenomenon.


The Rhetoric of Law and Love

The Rhetoric of Law and Love
Author: Volrick Wallace Higgs
Publisher:
Total Pages: 100
Release: 2015
Genre: Constitutional law
ISBN:

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In just over one year since United States v. Windso - the case invalidating sections of the Defense of Marriage Act (DOMA) that defined marriage, for purposes of federal statutes, as the "union of man and woman" - more than a dozen states have had their same-sex marriage bans ruled unconstitutional. This suggests a shift in legal meaning; previously successful arguments against same-sex "marriage" now seem irrational as argumentative ground has shifted. Since favorable rulings redefine "marriage" to include same-sex unions, this thesis analyzes Kitchen v. Herbert, a 2014 legal opinion from the United States Court of Appeals Tenth Circuit, to understand the rhetorical processes underpinning its redefinitional act. That analysis draws on Kenneth Burke's theories of entitling and constitutions and discusses the rhetorical concepts of terministic screens, casuistic screens, scope and circumference as key features of the rhetoric of the legal opinions. The findings call for a balancing of deconstructive and conventional approaches to legal discourse.


Marriage Discourses

Marriage Discourses
Author: Jowan A. Mohammed
Publisher: Walter de Gruyter GmbH & Co KG
Total Pages: 265
Release: 2021-11-22
Genre: History
ISBN: 3110751453

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Marriage was historically not only a romantic ideal, but a tool of exploitation of women in many regards. Women were often considered commodities and marriage was far away from the romantic stereotypes people relate to it today. While marriages served as diplomatic tools or means of political legitimization in the past, the discourses about marital relationships changed and women expressed their demands more openly. Discourses about marriage in history and literature naturally became more and more heated, especially during the "long" 19th century, when marriages were contested by social reformers or political radicals, male and female alike. The present volume provides a discussion of the role of marriage and the discourses about in different chronological and geographical contexts and shows which arguments played an important role for the demand for more equality in martial relationships. It focuses on marriage discourses, may they have been legal or rather socio-political ones. In addition, the disputes about marriage in literary works of the 19th and 20th centuries are presented to complement the historical debates.


Courtship, Marriage and Marriage Breakdown

Courtship, Marriage and Marriage Breakdown
Author: Katie Barclay
Publisher: Routledge
Total Pages: 231
Release: 2019-10-28
Genre: History
ISBN: 1000734021

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This book explores the history of marriage and marriage-like relationships across five continents from the seventeenth century to the present day. Across fourteen chapters, leading marriage scholars examine how the methodologies from the new history of emotions contribute to our understanding of marriage, seeking to uncover not only personal feeling but also the political and social implications of emotion. They highlight how marriage as an institution has been shaped not just by law and society but also by individual and community choices, desires and emotional values. Importantly, they also emphasize how the history of non-traditional and same-sex relationships and their emotions have long played an important role in determining the nature of marriage as an institution and emotional union. In doing so, this collection allows us to rethink both the past and present of marriage, destabilizing a story of a stable institution and opening it up as a site of contest, debate and feeling.


What is The Family of Law?

What is The Family of Law?
Author: Alan Brown
Publisher: Bloomsbury Publishing
Total Pages: 205
Release: 2019-02-07
Genre: Law
ISBN: 1509919597

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This book argues that the legal understanding of 'family' in the UK continues to be underpinned by the idealised image of the 'nuclear family', premised upon the traditional, gendered roles of 'father as breadwinner' and 'mother as homemaker'. This examination of the law's model of the 'family' has been prompted by the substantial reforms that have taken place in family law in recent decades, and the significant evolution in social attitudes and familial practices that has occurred in parallel. Throughout the book, the influence of the nuclear family is noted in several different contexts: various specific legal definitions of 'family', the legal regulation of adult, conjugal relationships, the attribution of legal parenthood and the construction of the role of the 'parent' within the law. Ultimately, this book argues that while these reforms have resulted in additional categories of relationship coming to be situated within the nuclear family model, there has not, as yet, been any fundamental alteration of the underpinning concept of the nuclear family itself. This book concludes by considering the possibilities offered beyond the 'nuclear family'; exploring the reconceptualising of the legal understanding of 'family' around alternative and potentially 'radical' models of 'family'.


International Handbook of Love

International Handbook of Love
Author: Claude-Hélène Mayer
Publisher: Springer Nature
Total Pages: 1123
Release: 2021-05-04
Genre: Psychology
ISBN: 3030459969

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This handbook includes state-of-the-art research on love in classical, modern and postmodern perspectives. It expands on previous literature and explores topics around love from new cultural, intercultural and transcultural approaches and across disciplines. It provides insights into various love concepts, like romantic love, agape, and eros in their cultural embeddedness, and their changes and developments in specific cultural contexts. It also includes discussions on postmodern aspects with regard to love and love relationships, such as digitalisation, globalisation and the fourth industrial revolution. The handbook covers a vast range of topics in relation to love: aging, health, special needs, sexual preferences, spiritual practice, subcultures, family and other relationships, and so on. The chapters look at love not only in terms of the universal concept and in private, intimate relationships, but apply a broad concept of love which can also, for example, be referred to in postmodern workplaces. This volume is of interest to a wide readership, including researchers, practitioners and students of the social sciences, humanities and behavioural sciences. In the 1970s through the 90s, I was told that globalization was homogenizing cultures into a worldwide monoculture. This volume, as risky and profound as the many adventures of love across our multiplying cultures are, proves otherwise. The authors’ revolutionary and courageous work will challenge our sensibilities and expand the boundaries of what we understand what love is. But that’s what love does: It communicates what is; offers what can be; and pleads for what must be. I know you’ll enjoy this wonderful book as much as I do! Jeffrey Ady, Associate Professor (retired), Public Administration Program, University of Hawaii at Manoa, Founding Fellow, International Academy for Intercultural Research The International Handbook of Love is far more than a traditional compendium. It is a breath-taking attempt to synthesize our anthropological and sociological knowledge on love. It illuminates topics as diverse as Chinese love, one-night stands, teen romance or love of leaders and many more. This is a definitive reference in the field of love studies. Eva Illouz, author of The End of Love: A sociology of Negative relationships. Oxford University Press. “This is not a volume to be read in a single sitting (though I almost did, due to a protracted hospital stay), nor is it romantic or inspirational reading (though, in some cases, I had hoped for more narrative examples and case studies. Rather it is a highly diverse scholarly effort, a massive resource collection of research papers on love in a variety of contexts, personal and professional settings, and cultures. The work is well referenced providing a large number of resources for deeper exploration. .... We owe our thanks to the authors and editors of this “handbook” for work well done, though that word in the title should not lead readers to suspect that, enlightening as it is, this book is a vade mecum or practical tour guide that provides ready solutions to the vicissitudes and challenges of our love lives!” Reviewed by Dr. George F. Simons on amazon.com ******* Please see Claude-Hélène Mayer’s interview related to the handbook in LeanHealth Talks published by Bernadette Bruckner: https://www.youtube.com/watch?v=yVNXA9sWuWo ******* Please see Claude-Hélène Mayer’s interview related to the handbook published In Iran News Daily: https://newspaper.irandaily.ir/?nid=6941&pid=6&type=0


Love and Intimacy in Contemporary Society

Love and Intimacy in Contemporary Society
Author: Ann Brooks
Publisher: Routledge
Total Pages: 232
Release: 2019-12-06
Genre: Social Science
ISBN: 1351332546

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Love and Intimacy in Contemporary Society reflects on relationships in contemporary society and the role of love and intimacy in framing lives. The book draws on sociological perspectives, cultural sociology and gender theory perspectives. It looks at how love and intimacy is experienced differently and intersected by gender, ethnicity, race and sexuality. This book aims to encourage people to understand theories of intimacy, emotions and desire by examining these concepts contemporaneously and cross-culturally. It also explores how love and intimacy is experienced by young people and how it is impacted by age. It looks at its representation in the media and film and focuses on how gender, ethnicity and sexuality offer different perspectives on love and intimacy. The book shows how relationships are impacted by social networking and new technologies and the opportunities and challenges posed by these new platforms for building relationships. Finally, the book examines how intimacy has become commercialised in late capitalism and how that acts to change relationships. The book is written in an accessible way and explores a range of theoretical debates and contemporary research around emotions, which can be useful for undergraduate, postgraduate and doctoral study.


Feminism and the Power of Love

Feminism and the Power of Love
Author: Adriana García-Andrade
Publisher: Routledge
Total Pages: 194
Release: 2018-04-17
Genre: Social Science
ISBN: 1351780123

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The power of love has become a renewed matter of feminist and non-feminist attention in the 21st century’s theory debates. What is this power? Is it a form of domination? Or is it a liberating force in our contemporary societies? Within Feminism and the Power of Love lies the central argument that, although love is a crucial site of gendered power asymmetries, it is also a vital source of human empowerment that we cannot live without. Instead of emphasizing "either-or", this enlightening title puts the dualities and contradictions of love center stage. Indeed, by offering various theoretical perspectives on what makes love such a central value and motivator for people, this title will increase one’s understanding as to why love can keep people in its grip - even when practiced in ways that deplete and oppress. In light of such analyses, the contributions within Feminism and the Power of Love present new perspectives on the conditions and characteristics of non-oppressive, mutually enhancing ways of loving. Bridging the gap between Feminist Affect Studies and Feminist Love Studies, this book will appeal to undergraduate and postgraduate students, including postdoctoral researchers, interested in fields such as women’s and gender studies, sociology, political science, philosophy, cultural studies and sexuality studies.