Looking For Love In The Legal Discourse Of Marriage

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.

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.

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'.

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.

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.

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.

Romances date back to the creation of stories. Although the definition of the genre has changed in time from the Ancient Greeks to the Bildungsromans,to the 19th century and today’s courtship novels, both scholarship and widely-held attitudes towards romance has remained fixedly and prioritized only the universality, unoriginality, and continuity of romance fiction instead of its sociocultural effect of promoting positive ideals like female empowerment. The portrayal of women in social roles has been in a state of constant change including their relationship with and relation to men. This book explores only medieval historical romance fictions and their changes through the course of the time. I examine three medieval romances’ content—Walter Scott’s Ivanhoe (1920), Kathleen Woodowiss’ The Wolf and the Dove (1974), and Amanda Quick’s Mystique (1995)-- written in different time periods based on content analysis using Anthony Giddens’s (1992) theories of intimacy. In addition, it will address romance novels’ views about sex, gender and love roles.

Award-winning author Alecia Simmonds uncovers a hidden history of love and heartbreak in the archives of law Until well into the twentieth century, heartbroken men and women in Australia had a legal redress for their suffering: jilted lovers could claim compensation for ‘breach of promise to marry’. Hundreds of people, mostly from the working classes, came before the courts, and their stories give us a tantalising insight into the romantic landscape of the past – where couples met, how they courted, and what happened when flirtations turned sour. In packed courtrooms and breathless newspaper reports, love letters were read as contracts and private gifts and gossip scrutinised as evidence. In Courting, Alecia Simmonds brings these stories vividly to life, revealing the entangled histories of love and the law. Over the long arc of the nineteenth and twentieth centuries, pre-industrial romantic customs gave way to middle-class respectability, women used the courts to assert their rights, and the law eventually retreated from people's romantic lives – with women, Simmonds argues, losing out in the process. Challenging our preconceptions about how previous generations loved and lost, and prompting fascinating questions about the ethics of love today, Courting is a transcontinental journey into the most intimate corners of the past. ‘Enthralling and compelling’ — Anne Summers ‘A beautifully written account of the trials and tribulations of romantic love across the centuries. Delightful and engrossing, Courting is filled with stories of infatuation, deception and heartbreak, as well as the legal, moral and gendered regulation of betrothal and marriage. This is history richly told.’ — Anna Clark, author of Making Australian History ‘Original and provocative, witty and wise, Alecia Simmonds' Courting is an example of the new Australian history at its finest. Diving deep into legal records, this illuminating book explores the changing relationships between men and women, love and law, as enacted in courtship and courtrooms over two centuries ... Women are the key actors in these entangled stories as they seek legal avenues for redress and compensation for material harm and lacerated feelings. In a powerful conclusion, Simmonds ponders on what has been lost in legal reform and the ambiguities of feminist progress.’ — Marilyn Lake ‘In this marvellously engaging history, Alecia Simmonds takes us through a sparkling collection of stories in which the path of true love – or what was sometimes mistaken for it – led not to the altar but to the courtroom.’ —Frank Bongiorno ‘Simmonds is mistress of the well-turned phrase and the arresting observation. She is also a fine historian.’ —Marian Quartly, Inside Story