Polygamy in the Monogamous World: Multicultural Challenges for Western Law and Policy

By Martha Bailey; Amy J. Kaufman | Go to book overview

Notes

Chapter 1 Introduction

1. Thomas M. Franck, “Clan and Superclan: Loyalty, Identity and Community in Law and Practice,” American Journal of International Law 90 (1996): 359.

2. Peter L. Berger, ed., The Desecularization of the World: Resurgent Religion and World Politics (Grand Rapids, MI: Eerdmans, 1999).

3. The Pew Forum on Religion and Public Life, “Mapping the Global Muslim Population: A Report on the Size and Distribution of the World’s Muslim Population.” October 2009. http://pewforum.org/docs/?DocID=450.

4. Quoted in Mira Katbamna, “Half a Good Man Is Better than None at All,” The Guardian, October 27, 2009.

5. Ayelet Shachar, “The Puzzle of Interlocking Power Hierarchies: Sharing the Pieces of Jurisdictional Authority,” Harvard Civil Rights and Civil Liberties Law Review 35 (2000): 385–86. See also Ayelet Shachar, Multicultural Jurisdictions: Cultural Differences and Women’s Rights (Cambridge: Cambridge University Press, 2001).

6. Mary Ann Glendon, The Transformation of Family Law (Chicago: University of Chicago Press, 1989).

7. David M. Walker, The Oxford Companion to Law (Oxford, United Kingdom: Clarendon Press, 1971), 967–68.

8. Lucy Mair, Marriage (Harmondsworth: Pelican Books, 1971), 143.

9. See, for example, Canada’s Civil Marriage Act, SC 2005, c. 33, s. 2, which provides: “Marriage, for civil purposes, is the lawful union of two persons to the exclusion of all others.”

10. See, for example, Utah Attorney General’s Office and Arizona Attorney General’s Office, The Primer: Helping Victims of Domestic Violence and Child Abuse in Polygamous Communities. 2006. http://attorneygeneral.utah.gov/cmsdocuments/The_Primer.pdf. This report discusses problems arising in fundamentalist Mormon groups in North America.


Chapter 2 Polygamy in Africa, the Middle East, and Asia

1. The current prohibition is embodied in article 2 of the Marriage Law of the People’s Republic of China, 1980, as amended on April 28, 2001.

2. Hindu Marriage Act, 1955, s. 11; Ram Singh, “India: Family Law under Stress and Judicial Perceptions” in Andrew Bainham, ed., The International Survey of Family Law 1995 (The Hague: Martinus Nijhoff Publishers, 1997), 237–77.

-189-

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Polygamy in the Monogamous World: Multicultural Challenges for Western Law and Policy
Table of contents

Table of contents

  • Title Page i
  • Contents v
  • Acknowledgments vii
  • Chapter 1 - Introduction 1
  • Chapter 2 - Polygamy in Africa, the Middle East, and Asia 7
  • Chapter 3 - Plural Unions 69
  • Chapter 4 - Principles That Should Inform Public Policy 133
  • Chapter 5 - How Monogamous Countries Should Respond 143
  • Notes 189
  • Bibliography 245
  • Index 271
  • About the Authors 279
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