Marriage Rites and Rights

Description

Recent years have seen extensive discussion about the continuing retreat from marriage, the increasing demand for the right to marry from previously excluded groups, and the need to protect those who do not wish to marry from being forced to do so. At the same time, weddings are big business, couples are spending more than ever before on getting married, and marriage ceremonies are increasingly elaborate. It is therefore timely to reflect on the rites of marriage, as well as the right to marry (or not to marry), and the relationship between them. To this end, this new interdisciplinary collection brings together scholars from numerous fields, including law, sociology, anthropology, psychology, demography, theology and art and design. Focusing on England and Wales, it explores in depth the specific issues arising from this jurisdiction's Anglican heritage, demographic development, current laws and social practices. Cover Half-title Title Copyright Foreword Acknowledgements Contents Notes on the Contributors 1. Introduction I. OVERVIEW II. CHOICE, INDIVIDUALITY AND IDENTITY III. FAMILY AND COMMUNITY IV. LOVE AND LAW BIBLIOGRAPHY Part I 2. Marriage Rites—Trends in Marriages by Manner of Solemnisation and Denomination in Englandand Wales, 1841–2012 I. INTRODUCTION II. OVERALL TRENDS IN MARRIAGE FROM 1841 TO 2012 III. HISTORICAL BACKGROUND TO THE STATISTICAL TRENDS IN MARRIAGE IV. MARRIAGES IN THE DIFFERENT DENOMINATIONS AND FAITHS V. MARITAL STATUS BEFORE MARRIAGE AND MANNER OF SOLEMNISATION VI. COHABITATION, DIVORCE, AND BIRTHS OUTSIDE MARRIAGE VII. REMARRIAGE OF THE DIVORCED—A DIFFICULT ISSUE FOR THE CHRISTIAN DENOMINATIONS VIII. PRE-MARITAL COHABITATION AND DENOMINATION OF MARRIAGE IX. MARRIAGES BY DAY OF THE WEEK AND DENOMINATION X. THE SPOUSES’ FATHERS ACTING AS WITNESSES TO THE MARRIAGE XI. DISCUSSION APPENDIX BIBLIOGRAPHY 3. From this Day Forward? Pre-Marital Cohabitation and the Rite of Marriage from the 1960s to the Present Day I. INTRODUCTION II. EMERGENCE OF PRE-MARITAL COHABITATION III. PRE-MARITAL COHABITATION AS PART OF THE RITE OF GETTING MARRIED IV. PRE-MARITAL COHABITATION CHANGING THE RITE OF MARRIAGE V. CONCLUSION BIBLIOGRAPHY 4. No Frills: Wedding Presents and the Meaning of Marriage, 1945–2003 I. INTRODUCTION II. THE CASE OF THE WEDDING PRESENT III. MASS OBSERVATION: WRITING THE EVERYDAY IV. SOCIAL AND MATERIAL: THE WEDDING AND THE GIFT IV. THE DEFINING OBJECT V. THE GENERAL VIEW OF CHANGES OVER TIME: WEDDING, MARRIAGE, HOME VI. THE COMMERCIAL LIST AND DIFFERENT ORDER OF MARRIAGE VII. A NEW MEANING: WITHOUT PARENT APPROVAL? VIII. A CONCLUSION: THE (EXPLANATORY) EXCEPTIONS TO THE RULE BIBLIOGRAPHY 5. Civil Partnership Ceremonies: (Hetero)normativity, Ritual and Gender I. INTRODUCTION II. MARRIAGE AS A LINGUISTIC OR SYMBOLIC FRAMEWORK FOR CIVIL PARTNERSHIP III. RITUAL, CEREMONY AND GENDER IV. CONCLUDING COMMENTS BIBLIOGRAPHY Part II 6. The Rite that Redefines the Rights? The Contemporary Role and Practice of Pre-Nuptial Agreement I. SETTING THE SCENE … II. INTRODUCTION III. PRE-NUPTIAL AGREEMENTS: THE WIDER PERSPECTIVE IV. PRE-NUPTIAL AGREEMENTS: THE ENGLISH LAW CONTEXT V. WHO CONCLUDES PRE-NUPTIAL AGREEMENTS IN ENGLAND AND WALES TODAY AND WHY? VI. THE PLACE OF WIDER KIN IN PRE-NUPTIAL AGREEMENTS VII. NEGOTIATING THE PRE-NUPTIAL AGREEMENT VIII. CONCLUDING THOUGHTS: A NEW RITE OF MARRIAGE? BIBLIOGRAPHY 7. The ‘Pure’ Relationship, Sham Marriages and Immigration Control I. INTRODUCTION II. SHAM MARRIAGES: DETERMINING THE (ALMOST) INDETERMINABLE III. A TYPOLOGY OF CROSS-BORDER MARRIAGES IV. REGULATING SHAM MARRIAGE—OR REGULATING MARRIAGE? V. CONCLUSION BIBLIOGRAPHY 8. Unregistered Muslim Marriages: An Emerging Culture of Celebrating Rites and Conceding Rights I. INTRODUCTION II. MUSLIM MARRIAGE RITES III. TO REGISTER OR NOT TO REGISTER? IV. UNREGISTERED MUSLIM MARRIAGE, CAUSES AND CONSEQUENCES VI. CONCLUSION BIBLIOGRAPHY ADDENDUM 9. Forced Marriage: Rites and Rights I. INTRODUCTION II. THE LAW AGAINST FORCED MARRIAGE III. COMMUNITY RITES AND RIGHTS IV. CONSENT OR COMPROMISE? BIBLIOGRAPHY Part III 10. Church of England Weddings and Ritual Symbolism I. INTRODUCTION II. WEDDINGS IN THE CHURCH OF ENGLAND III. TEXTS AND THEIR PERFORMANCE IV. WHY CHOOSE A CHURCH OF ENGLAND WEDDING? BIBLIOGRAPHY 11. Playing ‘House of Lords Bingo’: A Critical Discourse Analysis of Hansard Debates on Civil Partnership and Same Sex Marriage I. INTRODUCTION II. PLAYING HOUSE OF LORDS BINGO III. DEBATING SAME SEX RELATIONSHIP RECOGNITION IN THE HOUSE OF LORDS IV. CONCLUDING REMARKS BIBLIOGRAPHY Part IV 12. Let’s Talk About a Divorce: Religious and Legal Wedding I. INTRODUCTION II. THE DEVELOPMENT OF CIVIL PARTNERSHIPS IN ENGLISH LAW III. SAME SEX MARRIAGE IN ENGLISH LAW IV. RELIGIOUS AND LEGAL MARRIAGE: TIME FOR A DIVORCE VI. BUT WHO GETS THE HOUSE? ABANDONING MARRIAGE AS A LEGAL TERM VII. CONCLUSIONS BIBLIOGRAPHY 13. Why Marriage Needs to be Less Sexy I. INTRODUCTION II. THE LAW ON CONSUMMATION III. SAME SEX MARRIAGE IV. WHY DOES THE LEGISLATION NOT INCLUDE CONSUMMATION? V. SEX, MARRIAGE AND THE LAW VI. CONSUMMATION VII. CAPACITY VIII. SEX AND THE TRADITIONALIST ARGUMENT AGAINST SAME SEX MARRIAGE IX. MOVE TO ALLOW CONSUMMATION X. CARE-BASED MARRIAGE XI. CONCLUSION BIBLIOGRAPHY Index