MARRIAGE INTRO Flashcards
In 2011 what % off adult population were married according to ONS?
48%
What % of adult population is estimated to be married in 2033?
42%
What percentage of men and women born in 1930 were married by 40??
M: 90%
W:94%
What % off men and women born in 1970 were married by the age of 40?
M: 63%
W: 71%
What % of marriages were not first marriages in 2014?
33%
Why is 33% (2014) of marriages being second plus marriages significant?
It suggests that people who remarry do it continuously and it is these people who are keeping marriage rates up artificially
In 2014 what % of marriages weren’t religious ceremonies?
70%
Why is 70% of marriages being non-religious significant?
Suggests that marriage as a religious ceremony is no longer the view of the majority - a cultural shift
What are the 4 main perspectives on the meaning of. Marriage?
1) Functional
2) Psychological
3) Political
4) Religious
What is the functionalist definition of marriage?
Tries to give marriage a purpose, which is often taken too be having children
-> Same number of children born to unmarried people
What was HOGGETT et al’s view on a functionalist marriage?
If nothing else, then marriage is about the license to beget children
How did ENGELS approach functionalist marriage?
He viewed marriage/family as essential to the regulation of private property and the creation of legitimate heirs
What’s is the PSYCHOLOGICAL approach to defining marriage?
Idea that people have an inherent need to marry for stability and social interaction
What does GIDDENS say in view o psychological marriage definition?
Modern intimate relationships are only sustained for as long as each individual can benefit from the other, no longer necessarily a lifelong bond
What is the POLITICAL approach to the definition of marriage?
That marriage plays a role in the regulation of wider society
Some argue that subjugation of women is at the heart of marriage
What does LENARD say on how marriage is related to subjugation of women?
That it is a public form of labour relationships, where a woman pledges her body etc in exchange for protection and security from a man
Who strongly rejected LENARD’s view on marriage as being oppressive?
BARONESS HALE
What was HALE’s reason for rejecting marriage as a social construct to make women submissive?
A desire to reject legal patriarchy is no longer a rational reason to reject marriage
-> Idea that society has moved on so this is no longer relevant
What is a RELIGIOUS approach to the definition of marriage?
Obviously depends on religion
Tends to b a spiritual union that reflects gods love, sometimes viewed as indissoluble
In which case did MUNBY J highlight the legal position on marriage?
SHEFFIELD C C v E & S 2004
What did MUNBY J say in Sheffield CC v E & S 2004?
As a secular judge my concern is with marriage as a civil contract, not a religious ow
Why was MUNBY Js seemingly obvious statement important?
It showed that Christianity had such a sway over legal conceptions in the past that he felt it necessary to point out the now secular nature of the law
What is the legal definition of marriage?
No real definition in statute, but has been defined through case law
2 out important cases on the definition of marriage?
HYDE v HYDE 1866
BELLINGER v BELLINGER 2001
Definition of marriage in HYDE 1866?
‘Voluntary union for life of one man and one woman to the exclusion of all others’
Definition of marriage of THORPE LJ in BELLINGER 2001?
‘A contract for which the parties elect but is regulated by the state, both in it’s formation and it’s termination by divorce, because it affects a status on which depend a variety of entitlements, benefits and obligations’
What is notable at THORPE’s 2001 judgement?
No mention of the need for the couple to be heterosexual
Bare in mind LORD MILLET denying this as late as 2004
What year was the Marriage (Same Sex Couples) Act?
2014
Case that showed law does not require a reason for getting married/
R v REGISTRAR GENERAL OF BIRTHS, DEATHS andMARRIAGES 2003
R V REGISTRAR GENERAL FOR BIRTHS, DEATHS AAND MARRIAGES 2003
- CPS sought a court order to prevent marriage between man charged with murder and woman who was supposed to be the main witness for the prosecution
- Claimed marriage was only to prevent her being a compellable witness
- CoA refused to grant an order as a reason for getting married is not the courts concern
If the law won’t really define what marriage is, then what is the point in it?
To give parameters for the marriage to develop as the couple want it to, and to regulate formation/breakdown
