Search results

1 – 10 of over 4000
Article
Publication date: 16 February 2015

Anna Nikina, Lois M. Shelton and Séverine LeLoarne

The purpose of this paper is to explore: How do changes in the role of the husband affect the marriage of a woman entrepreneur? How do changes in the marriage affect the woman…

1761

Abstract

Purpose

The purpose of this paper is to explore: How do changes in the role of the husband affect the marriage of a woman entrepreneur? How do changes in the marriage affect the woman entrepreneur and her relationship with her business?

Design/methodology/approach

A novel theoretical approach based on marriage contract theory, gender role ideology and psychological contracts was used. Qualitative methodology included analysis of multiple cases based on rich interview data gathered from 12 Scandinavian couples.

Findings

Research revealed that the pattern of dominance between the husband and wife, the gender role ideologies of the two spouses, and the interaction between this pattern and the gender role ideologies, and overall level of marital harmony were key determinants of husbands’ spousal support.

Research limitations/implications

Sample size and geographical limitations. Future research: exploring other cultural settings, further application of marriage and psychological contracts in female entrepreneurship; studies of the impact areas of the husband in the wife’s business – also from the perspective of implicit contracts.

Practical implications

Research sheds light on how women run their businesses and how the changing roles of the spouse alter marriage dynamics and influence the wife-business relationship.

Social implications

Findings benefit female entrepreneurs considering the launch of a business, couples in which the wife currently owns a business, state and governmental policymakers, business consultants, and entrepreneurship instructors. These findings can help couples better prepare for the demands of entrepreneurship.

Originality/value

For scholars: expanded understanding of the work-family interface of female entrepreneurs via novel theoretical approach. For business practitioners: understanding the impact of a spouse on life and career of female entrepreneur.

Details

Journal of Small Business and Enterprise Development, vol. 22 no. 1
Type: Research Article
ISSN: 1462-6004

Keywords

Book part
Publication date: 19 May 2009

Thomas W. Joo

Marriage is often compared to a “contract.” This analogy purports to proceed from a settled concept called “contract,” under which legitimate obligations derive from consent. The…

Abstract

Marriage is often compared to a “contract.” This analogy purports to proceed from a settled concept called “contract,” under which legitimate obligations derive from consent. The analogy creates confusion when applied in the legal context. In law, “contract” refers to a broad category of legal obligation. Many legal theorists believe “contractual” enforceability should be based solely on consent. But as a matter of positive legal doctrine, consent is neither necessary nor sufficient to establish enforceability. A contract's enforceability also depends on its relationship to public welfare.

Thus the “contract” analogy does not constitute a legal justification for an approach to marriage based solely on the consent of the parties. It merely expresses a normative preference for a consent-based approach. The chapter illustrates this point using examples of current marriage-related issues, such as covenant marriage, prenuptial agreements, and same-sex marriage.

Details

Law & Economics: Toward Social Justice
Type: Book
ISBN: 978-1-84855-335-4

Article
Publication date: 3 February 2012

Sonny Perseil

To study sexual deals, the Italian ethnologist Paola Tabet introduced an original frame of analysis, the “economico‐sexual exchanges” frame, which she conceives as a continuum…

371

Abstract

Purpose

To study sexual deals, the Italian ethnologist Paola Tabet introduced an original frame of analysis, the “economico‐sexual exchanges” frame, which she conceives as a continuum, from marriage to prostitution. The purpose of this paper is to know if we have to accept the idea of a sexual social contract as a holistic way of understanding, like Carole Pateman, or whether we have to admit the heterogeneity of sexual transactions.

Design/methodology/approach

According to the social function of the contract presented by Yvon Pesqueux, this paper will try to seize the contractual forms of sexual transactions, developing at the same time in the logic of the psychological contract, in particular to approach more finely the notion of consent, a notion at the heart of the debates concerning economic sexuality and which cannot be reduced to the expression of personal freedom. Pateman's work is also too fundamental to be ignored and so the author summarizes the main ideas.

Findings

It can be said that the social reality of sexual transactions exists between two opposite contractual and anti‐contractual ideologies, between a gender idealistic point of view and a management realistic one. Individuals, men and women, are more or less free to sell or buy sexual services. If freedom exists, contracts can be spoken about; if not, a contractual point of view appears only as a justification for the strong.

Originality/value

The paper presents a sexual/gender point of view in the contractual theories.

Details

Society and Business Review, vol. 7 no. 1
Type: Research Article
ISSN: 1746-5680

Keywords

Book part
Publication date: 8 December 2023

Jamil Ddamulira Mujuzi

In the case of Poiret & Anor v Seychelles Pension Fund & Anor (2022), the Court of Appeal, the highest court in Seychelles, took judicial notice of the fact that “[c]ommon law…

Abstract

In the case of Poiret & Anor v Seychelles Pension Fund & Anor (2022), the Court of Appeal, the highest court in Seychelles, took judicial notice of the fact that “[c]ommon law relationships are more prevalent in our society than those between married persons.” In this chapter, the author discusses the law relating to common law marriages in Seychelles by focusing on the following issues: the right to form a family (as a background to understanding common law marriages); requirements for a valid common law marriage; and the rights of parties in a common law marriage. These rights include “court granted” rights and “statutory rights” such as property rights (parties invoking the claim of unjust enrichment in the 1979 Civil Code and property orders and succession under the 2021 Civil Code at the dissolution of common law marriages). I also deal with the remedy of unjust enrichment in the context of the 2021 Civil Code; marital privilege (in case where one of the parties in a common law relationship is accused of committing an offence); and termination of a common law marriage. The author demonstrates the measures taken by courts and the legislators to protect some of the rights of people in common law marriages. The author suggests ways in which courts can interpret the relevant provisions of the 2021 Civil Code. Where necessary, the author highlights how courts or legislators in some African countries such as Kenya, Mauritius, Malawi, Tanzania, Sierra Leone, Ghana, Zambia, South Africa, Namibia, Rwanda, and Uganda have approached some of the issues above.

Details

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

Keywords

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…

3058

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

Keywords

Book part
Publication date: 21 September 2020

Araceli Ortega-Díaz

This chapter analyses the relationship between individuals’ poverty situation and conjugal status (divorced, separated, in a free union, or legally married) from 1996 to 2014. It…

Abstract

This chapter analyses the relationship between individuals’ poverty situation and conjugal status (divorced, separated, in a free union, or legally married) from 1996 to 2014. It describes different marriage property regimes that exist in state laws in Mexico. Couples living in free union are found to be poorer than those legally married, indicating that marriage may help to protect families more than cohabitation laws. When comparing divorced men and women, women show higher signs of being poorer than men; this could be because the law establishes that the assets in case of divorce accrue to whoever works and pays for them, and given that many women work in the unpaid sectors, men are the owners of the assets. Having no consideration of these facts in the law may create poverty with gender bias in the case of divorce. Additionally, there is lack of data in administrative records of marriage and divorce about couples’ assets, children, and employment status before and after the marriage, so we discuss the importance that in a near future this could be register to facilitate law and policy-makers identifying what contributes to create poverty with gender bias as a results of family laws, and correct them.

Details

Advances in Women’s Empowerment: Critical Insight from Asia, Africa and Latin America
Type: Book
ISBN: 978-1-83982-472-2

Keywords

Book part
Publication date: 8 December 2023

Rosemary Obeng-Hinneh

The literature on cohabitation intimates a clear line between marriage and cohabitation where the latter lacks a formal or legal backing. This understanding overlooks contextual…

Abstract

The literature on cohabitation intimates a clear line between marriage and cohabitation where the latter lacks a formal or legal backing. This understanding overlooks contextual issues which complicate definitions of cohabitation. With evidence from historical and contemporary literature on cohabitation among the Asante of Ghana, this chapter argues that traditional social practices coupled with the plurality of legal frameworks governing marriage in Ghana, leads to subjective constructions and interpretations of cohabiting unions. Consequently, there are situations where one form of partnership would qualify as marriage, whilst the same would be considered a cohabiting union in other circumstances. Again, the sense in which cohabitation functions as a prelude, an alternative or equivalent to marriage among the Asante differs significantly from what pertains in other societies. The chapter, therefore, calls into question the oversimplified meanings of cohabitation often based on the assumption of a dualistic relationship between marriage and cohabitation. The chapter concludes that the definition of cohabitation among the Asante and some sections of the Ghanaian public is fluid and not as clearly defined as it is in other parts of the world, especially the Global North. Given this reality, rather than generalized interpretations of cohabitation, researchers need to consider the contextual differences and understandings of cohabitation in their studies.

Details

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

Keywords

Article
Publication date: 1 June 1993

Sue Cartwright and Cary L. Cooper

Mergers and acquisitions frequently result in job losses. At thesame time, many organizations experience an unplanned and oftenundesirable exodus of talented personnel post merger…

1146

Abstract

Mergers and acquisitions frequently result in job losses. At the same time, many organizations experience an unplanned and often undesirable exodus of talented personnel post merger or acquisition. Objective merger reselection procedures can play a useful role in guiding organizational retention decisions, but such procedures are likely to take time and may be ineffective in stemming the more immediate post‐acquisition drift. Individuals may leave the organization because they find themselves incongruent with the new culture; but they may also leave because they are uncertain, confused, or finding themselves in an ambiguous working environment. Discusses the similarities between merger and marriage, and outlines three types of organizational marriage and their implications for culture change.

Details

Journal of Managerial Psychology, vol. 8 no. 6
Type: Research Article
ISSN: 0268-3946

Keywords

Book part
Publication date: 2 November 2009

Keith J. Bybee and Cyril Ghosh

Beginning with Rawls's claim that the Supreme Court is the exemplar of public reason, we develop a theory of how reasoned arguments are used in political disputes. We argue that…

Abstract

Beginning with Rawls's claim that the Supreme Court is the exemplar of public reason, we develop a theory of how reasoned arguments are used in political disputes. We argue that justices often make piecemeal arguments and that this fragmented style of argumentation extends beyond the bench. The result is that many political disputes are “legalized” – not because public arguments are necessarily about laws, but because public arguments often unfold in the same ambiguous way that they do on the Court. We illustrate our argument by examining the use of American Dream talk in the dispute over same-sex marriage (SSM).

Details

Studies in Law, Politics and Society
Type: Book
ISBN: 978-1-84950-616-8

Article
Publication date: 27 September 2023

Rashed Jahangir and Mehmet Bulut

This study aims to propose a model to elevate the financial empowerment of Muslim women by rejuvenating the practice of Mahr in society and facilitating the affordability of men…

Abstract

Purpose

This study aims to propose a model to elevate the financial empowerment of Muslim women by rejuvenating the practice of Mahr in society and facilitating the affordability of men to pay that Mahr amount.

Design/methodology/approach

The approach of this study is to offer a model through the interest-free savings-based finance concept. The model comprises four stages; each stage of the model is mathematically formulated and graphically explained to ensure clarity and coherence. To further investigate the issue, the authors use a convenient sampling method to ask a small sample size of respondents (women) from different countries about their financial contribution and empowerment in the family.

Findings

This model enables women to turn their exclusive financial right into a source of earning without borrowing from any source or paying interest on the principal amount. Besides, it encourages accelerating men’s obligation to pay the Mahr to the women immediately during the marriage ceremony by facilitating men’s affordability. Almost 45% of respondents state that a woman’s financial contribution exalts her decision-making power and strengthens her financial position in the family.

Social implications

The authors attempt to revitalize Mahr practice in Muslim society to accelerate the process of receiving a woman’s exclusive financial right and empower a family as a whole through the Mahr model.

Originality/value

Considering the model’s uniqueness, the developed and proposed Mahr model in this research is novel; to the best of the authors’ knowledge, no other study has been conducted and developed such a model using the Mahr concept.

Details

Journal of Islamic Accounting and Business Research, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1759-0817

Keywords

1 – 10 of over 4000