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Book part
Publication date: 12 June 2018

Douglas NeJaime

This chapter uncovers the destabilizing and transformative dimensions of a legal process commonly described as assimilation. Lawyers working on behalf of a marginalized group…

Abstract

This chapter uncovers the destabilizing and transformative dimensions of a legal process commonly described as assimilation. Lawyers working on behalf of a marginalized group often argue that the group merits inclusion in dominant institutions, and they do so by casting the group as like the majority. Scholars have criticized claims of this kind for affirming the status quo and muting significant differences of the excluded group. Yet, this chapter shows how these claims may also disrupt the status quo, transform dominant institutions, and convert distinctive features of the excluded group into more widely shared legal norms. This dynamic is observed in the context of lesbian, gay, bisexual, and transgender (LGBT) rights, and specifically through attention to three phases of LGBT advocacy: (1) claims to parental recognition of unmarried same-sex parents, (2) claims to marriage, and (3) claims regarding the consequences of marriage for same-sex parents. The analysis shows how claims that appeared assimilationist – demanding inclusion in marriage and parenthood by arguing that same-sex couples are similarly situated to their different-sex counterparts – subtly challenged and reshaped legal norms governing parenthood, including marital parenthood. While this chapter focuses on LGBT claims, it uncovers a dynamic that may exist in other settings.

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Special Issue: Law and the Imagining of Difference
Type: Book
ISBN: 978-1-78756-030-7

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Book part
Publication date: 8 December 2023

Okka Zimmermann and Dirk Konietzka

Comparative studies have confirmed that the current types of cohabitation (defined as living together as a couple without being married) and the meanings attached to them differ…

Abstract

Comparative studies have confirmed that the current types of cohabitation (defined as living together as a couple without being married) and the meanings attached to them differ across Europe. This variation could reflect differences in the levels of progress or the stages countries have reached in a common developmental process, as suggested by the theory of the Second Demographic Transition and Kiernan’s stage model of cohabitation. However, it may also indicate that countries are on different developmental paths, as suggested by path dependency theories. To examine whether changes in the prevalence of cohabitation follow a common script, this study analyses types of cohabitation within emerging family formation patterns over cohorts and across countries.

For this purpose, sequence methodology is applied to analyze cohort-specific family trajectories in France, western Germany, Norway, and Italy. In particular, using data from the German National Educational Panel Study (NEPS) and the Generation and Gender Survey (GGS), patterns of union status and co-residence with (own) children between ages 15 and 35 among the 1935–1969 birth cohorts (for Germany, among the 1940–1974 birth cohorts) are compared.

Our findings provide some support for the claim that there were common patterns of change. However, also country-specific variations in family trajectory patterns were detected, which suggests that general processes of change were mediated through country-specific institutions (path dependencies). The empirical evidence for convergence as well as for divergence indicates that both theoretical strands add to our understanding of the spread of cohabitation in European countries.

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Cohabitation and the Evolving Nature of Intimate and Family Relationships
Type: Book
ISBN: 978-1-80455-418-0

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Book part
Publication date: 30 June 2004

Kathryn M Yount and Deborah L Balk

Ritual female genital practices, widespread throughout Africa, are essential to gender identification and often are a pre-requisite for marriage. More severe forms of the…

Abstract

Ritual female genital practices, widespread throughout Africa, are essential to gender identification and often are a pre-requisite for marriage. More severe forms of the practice, which are common in parts of Northeastern Africa, are also believed to enhance a woman’s childbearing capacity. Here, we critically review the gender- and class-based theories that explain the origins and persistence of female genital practices and the factors that precipitate social change. We also critically review evidence of the association of certain forms of the practice with various health, demographic, and social consequences. Our review exposes several methodological limitations of existing research that preclude population-based inferences about the medical and social implications of these practices and suggest that existing policies targeting such practices draw more on concerns over human rights than on scientific evidence about their sequelae. This review nevertheless exposes a potential contradiction between local justifications for and consequences of certain forms of the practice. Namely, despite an intended function of female genital practices to enhance a woman’s marital capital, certain forms may ironically lead to marital instability and dissolution through their negative effects on the health and reproductive capacity of women. We conclude with recommendations for research to examine the salience and implications of this potential paradox for women in Northeastern Africa.

Details

Gendered Perspectives on Reproduction and Sexuality
Type: Book
ISBN: 978-0-76231-088-3

Article
Publication date: 1 May 2004

Ian Smith

What is marriage? Existing treatments identify the gains to marriage but say little regarding the foundations of the institution itself. This paper proposes that marriage is…

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Abstract

What is marriage? Existing treatments identify the gains to marriage but say little regarding the foundations of the institution itself. This paper proposes that marriage is designed to facilitate sexual co‐operation in a world without reliable contraception and paternity verifiability. By allocating control rights, it functions to mitigate the hazards of sexual opportunism. Recently, however, the technology shocks of the pill, legal abortion and paternity testing have weakened the links between marriage and both sex and reproduction. This has undermined the traditional justification for marriage. What remains is a bundle of legal and economic benefits that are gradually losing significance as the focus of family law shifts from marriage to parenthood as its fundamental organising principle.

Details

International Journal of Social Economics, vol. 31 no. 5/6
Type: Research Article
ISSN: 0306-8293

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Article
Publication date: 13 April 2022

Aleksey Anisimov, Elena Eltanskaya and Agnessa O. Inshakova

The purpose of this article is to classify and study the features of the types of non-standard marriages existing in Russia (de facto, sham, same-sex marriages), in order to…

Abstract

Purpose

The purpose of this article is to classify and study the features of the types of non-standard marriages existing in Russia (de facto, sham, same-sex marriages), in order to adjust their legal regulation by the state.

Design/methodology/approach

The authors of the article examined the theoretical and practical problems of state recognition and regulation of non-standard marriages not recognized by the state, and justified a new strategy of support (in the case of de facto marriages) or counteraction (in the case of sham marriages) of these social phenomena by the state and law. In the light of the negative attitude of Russian citizens to same-sex marriages, the possibility of their support in the future is justified.

Findings

Having studied three types of non-standard marriages, the authors substantiate the need for a different approach of the state to further legal regulation of these social phenomena. It is proved, that in relation to same-sex marriages, the existing non-recognition and negative attitude of the legislator and society in Russia to their legalization will last until the attitude towards sexual minorities in general, changes in Russian society. De facto marriages should be introduced into the legal field, they should be given a normative definition and outline the general legal framework of the rights of de facto spouses and their children. As for sham marriages, it is proposed to consider the lack of intention to create a family and the selfish interest to be their main features pursued by one or both spouses entering into a sham marriage.

Originality/value

The originality and value of the research is stipulated by the consideration of the legal regulation of marriage and family issues in the historical context of the development of the Russian state, as well as the evolution of ideas about morality in Russian society. The changing attitude of society towards de facto marriages, the increase in the number of unregistered married couples indicates the transformation of the moral values of young people and the need for the state to promote the legal protection of such married couples without trying to prohibit or restrict them. Existing approaches to the legal regulation of sham marriages require adjustments, including incorporating the notion of “fictitious divorce” in family legislation.

Details

International Journal of Sociology and Social Policy, vol. 43 no. 1/2
Type: Research Article
ISSN: 0144-333X

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Abstract

Details

Modelling Our Future: Population Ageing, Health and Aged Care
Type: Book
ISBN: 978-1-84950-808-7

Book part
Publication date: 7 September 2012

Matthew McKeever and Nicholas H. Wolfinger

Purpose – This chapter examines change over time in income, human capital, and socio-demographic attributes for married, divorced, and never-married mothersMethodology/approach …

Abstract

Purpose – This chapter examines change over time in income, human capital, and socio-demographic attributes for married, divorced, and never-married mothers

Methodology/approach – The chapter consists of descriptive analysis of data from the National Longitudinal Survey of Youth's 1979 cohort. Respondents were followed from 1979 to 2006.

Findings – The economic consequences of single motherhood are persistent. Women who have once been divorced or never-married mothers remain poorer through middle age, no matter how their family structure subsequently changes.

Social implications – A critical feature of the modern economic and demographic landscape is the intersection of individual and family characteristics. Many divorced and, especially, never-married mothers experience profound disadvantage even before they become mothers. Single mothers in general are far less likely to have college degrees, and, in the case of never-married mothers less likely to even have a high school diploma. Never-married mothers are also much less likely to be employed. Single mothers have less educated parents, and are themselves more likely to come from nonintact families. All of these disadvantages contribute to the economic costs – and the economic stress – of single motherhood.

Originality/value of paper – The chapter demonstrates that single mothers comprise two very different populations, divorced and never-married mothers. However, both are at a substantial disadvantage compared to married mothers.

Details

Economic Stress and the Family
Type: Book
ISBN: 978-1-78052-978-3

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Book part
Publication date: 28 March 2006

Barry R. Chiswick and Michael Wenz

This paper is an analysis of the English-language proficiency and labor market earnings of adult male Soviet Jewish immigrants to the United States from 1965 to 2000, using the…

Abstract

This paper is an analysis of the English-language proficiency and labor market earnings of adult male Soviet Jewish immigrants to the United States from 1965 to 2000, using the 2000 Census of Population. Comparisons are made to similar analyses using the 1980 and 1990 Censuses. A consistent finding is that recently arrived Soviet Jewish immigrants have lower levels of English proficiency and earnings than other immigrants, other variables being the same. However, they have a steeper improvement in both proficiency and earnings with duration in the United States and the differences from the other European immigrants disappear after a few years. The Soviet Jewish immigrants have both a higher level of schooling and a larger effect of schooling on earnings than other immigrants, even other European immigrants.

The lower initial English proficiency and earnings, the steeper improvement with duration, and the rapid attainment of parity is consistent with the “refugee” nature of their migration, as distinct from being purely economic migrants. That the same pattern exists across three censuses suggests that the low English proficiency and earnings of those recently arrived in the 2000 Census data reflects a refugee assimilation process, and not a decline in the unmeasured dimensions of the earnings potential of recent cohorts of Soviet Jewish immigrants. The very high level of schooling and the larger effect of schooling on earnings among Soviet Jewish immigrants are similar to the patterns found among Jews born in the United States.

Soviet Jewish immigrants appear to have made a very successful linguistic and labor market adjustment, regardless of their period of entry into the United States.

Details

The Economics of Immigration and Social Diversity
Type: Book
ISBN: 978-1-84950-390-7

Open Access
Article
Publication date: 19 August 2022

Sarah J.R. Cummings and Diana E. Lopez

To interrogate the grand narrative of “entrepreneurship for development” that dominates international development circles, by applying a feminist critical discourse analysis that…

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Abstract

Purpose

To interrogate the grand narrative of “entrepreneurship for development” that dominates international development circles, by applying a feminist critical discourse analysis that prioritizes women's situated experiences as local stories.

Design/methodology/approach

Two existing frameworks for analysing women's entrepreneurship, namely the 5M (Brush et al., 2009) and the 8M (Abuhussein and Koburtay, 2021) frameworks, are used to examine the local stories of women in rural Ethiopia to provide a counter-narrative to the grand narrative of “entrepreneurship for development”. The local stories are derived from 16 focus group discussions and 32 interviews.

Findings

The findings provide a counter-narrative to the grand narrative of “entrepreneurship for development”, evident in Ethiopia and in international development generally, while demonstrating larger structural issues at play. They challenge entrepreneurship's solely positive effects. While women recognize the benefits of having a business, particularly in terms of financial gains, empowerment and social recognition, they also highlight negative consequences, including uncertainty, concerns for their own personal safety, criticism, stress, limited social life and fear of indebtedness and poverty.

Practical implications

Policymakers, scholars and development professionals are urged to reflect on the limitations of “entrepreneurship for development” and to consider the negative effects that promoting an acritical grand narrative of entrepreneurship could have on women's lives.

Originality/value

The article advances an innovative partnership between feminist analysis and established women's entrepreneurship frameworks to contest dominant assumptions in the fields of entrepreneurship and international development studies. It adds to the limited empirical evidence on women's entrepreneurial activity in Ethiopia, tests the adequacy of the 5M and 8M frameworks in the rural low-income context of Ethiopia, and proposes a 7+M framework as an alternative to study rural women's entrepreneurship in low and middle income countries.

Details

International Journal of Gender and Entrepreneurship, vol. 15 no. 1
Type: Research Article
ISSN: 1756-6266

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Article
Publication date: 8 August 2016

Hamid Baghestani and Michael Malcolm

The purpose of this paper is to take a forecasting approach to examine the relationship between the US birth rate, marriage rate, and economic conditions (measured by both…

Abstract

Purpose

The purpose of this paper is to take a forecasting approach to examine the relationship between the US birth rate, marriage rate, and economic conditions (measured by both realized unemployment and expected unemployment). The expectation data come from the Michigan Surveys of Consumers.

Design/methodology/approach

Utilizing monthly data, the authors first specify a univariate and three augmented autoregressive integrated moving average forecasting models for 1975-2001. Second, the authors use recursive estimation to generate multi-period forecasts of the birth rate for 2002-2008. Third, the authors employ standard evaluation methods to compare the predictive information content of the forecasts.

Findings

First, the birth rate is pro-cyclical. Second, the marriage rate contains useful predictive information for the birth rate. Third, controlling for past information in the birth and marriage rates, both realized and expected unemployment embody useful information for predicting the birth rate. Fourth, expected unemployment is a more informative indicator than realized unemployment.

Practical implications

The finding that the birth rate is pro-cyclical emphasizes the importance of economic stability in promoting childbearing, and the authors suggest counter-cyclical macroeconomic policy to shield families from major shocks. A stable economy, and especially one where families are optimistic about the future, promotes childbearing. The results also empower policymakers to analyze systematically the impact of changes to the structure of marriage on childbearing.

Originality/value

This appears to be the first study that utilizes a forecasting approach to better understand the complex relationships between childbearing, marriage, and macroeconomic conditions.

Details

Journal of Economic Studies, vol. 43 no. 3
Type: Research Article
ISSN: 0144-3585

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1 – 10 of over 3000