Exam 8 Flashcards
is polygamy in the bible
yep, many parts
what is the bible’s concern about polygamy
concern for fairness to wives and offspring
this isnt an endorsement from the bible, but it recognizes it as something to address
what is the views of Judaism and Christianity on polygamy
Polygamy condemned (Deut. 17:17)
■ Monogamous marriage metaphor for God-Israel covenant
■ Discouraged in West (Palestine, Asia Minor); tolerated in Babylonian exile
■ Outlawed in 11th Century (Rabbi Gershom)
what is Islam’s view on polygamy
Qur’an revealed in culture steeped with polygamy
■ Not the optimal way of arranging marriages
■ Conditional permission
– Up to four wives permitted if one can treat each one justly
– Allowed as assistance for orphan girls (Qur’an 4:3)
what is the government’s task relating to polygamy
Task of determining whether polygamy is a crime or a religious freedom
– Is Canada’s anti-polygamy
law constitutional?
– What are the necessary elements of the offence?
Is Canada’s Anti-Polygamy Law Unconstitutional? according to rebecca cook
International human rights law
– Polygyny offends the dignity of women
– Puts women at risk of violence and STD’s
– Outlawing polygamy is a global legal trend
she is saying that it shouldn’t be legal
what are the allegations against polygamy
Physical, emotional, sexual abuse
– Trafficking in young girls
what is argued in defence of polygamy
Defence argued that the polygamy law breaches religious freedoms, is ineffective and should be struck down
give more reasons that polygamy is outlawed
BC-AG Counsel – core concern of vulnerability:::
– polygamy “consumes its young”; more victims
if practice of multiple marriages legalized
– Depresses every known indicator of women’s equality
– “antidemocratic, anti-egalitarian, antiliberal, and antithetical” to any modern, rights-based society
– Girls made child-brides; boys left without education
what was BC’s polygamy judgement
s. 293 of Criminal Code is consistent with the Charter
2. s. 293 not applicable to children who marry into polygamy
3. Necessary elements of offence:
– Identified person
– Intent
– Practices, enters into, or agrees to enter into… marriage with more than one person at same time
Vulnerability justifications:
■ Harms to participants and society
■ Protection of individual rights and vulnerable persons
■ s. 293 intended to address harms: 1) to women; 2) to children; 3) to monogamous marriage.
what are the vulnerability justifications
Harms to participants and society
■ Protection of individual rights and vulnerable persons
■ s. 293 intended to address harms: 1) to women; 2) to children; 3) to monogamous marriage
what is the “A Broader Family Picture (Johnson)”
“The criminalization of polygamy makes it easier to avoid talking about the challenges of familial life, challenges that are not generally the subject of criminal law, though they may well involve harm” (113)
What harm does Canada’s criminalization of polygamy address?
➢Not gender inequality ➢ Not age of marriage ➢ Not age of sexual consent ➢ Not sexual assault Not agency of children (e.g., health) ➢ Not the reality of family violence
Other offenses against conjugal rights involve deception, such as what
Bigamy
Feigned marriage
what is wrong with bigamy
Marrying twice without first marriage being legally ended
– Involves fraud or deception of someone (first and/or second spouse)
