This article qualifies and supplements the interpretation of Astell's Reflections on Marriage as an attack on contract theories of politics. Astell was undoubtedly a conservative critic of Locke, but also deserves her reputation as a feminist critic of marriage, since the primary purpose of her Reflections was to get women to reflect on whether to marry, and seriously to consider not marrying. The essay supports this interpretation by locating Astell's Reflections in the context of the querelle des femmes. (...) Viewed as a response to misogynist anti-marital satire, it is clear why Astell's work on marriage should have been received by her contemporaries as blowing the 'trumpet of rebellion' to women. The fact that Astell was both deeply conservative and recognizably feminist suggests that feminist political thought is not simply an outgrowth of Enlightenment radicalism, and reminds us that feminism is in part a defensive response to the hatred of women. (shrink)

History of science, it has been argued, has benefited philosophers of science primarily by forcing them into greater contact with "real science." In this paper I argue that additional major benefits arise from the importance of specifically historical considerations within philosophy of science. Loci for specifically historical investigations include: (1) making and evaluating rational reconstructions of particular theories and explanations, (2) estimating the degree of support earned by particular theories and theoretical claims, and (3) evaluating proposed philosophical norms for (...) the evaluation of the degree of support for theories and the worth of explanations. More generally, I argue that theories develop and change structure with time, that (like biological species) they are historical entities. Accordingly, both the identification and the evaluation of theories are essentially historical in character. (shrink)

According to the "confrontation model," integrated history and philosophy of science operates like an empirical science. It tests philosophical accounts of science against historical case studies much like other sciences test theory against data. However, the confrontation model's critics object that historical facts can neither support generalizations nor genuinely test philosophical theories. Here I argue that most of the model's defects trace to its usual framing in terms of two problematic accounts of empirical inference: the hypothetico-deductive method and enumerative (...) induction. This framing can be taken to suggest an unprofitable one-off confrontation between particular historical facts and general philosophical theories. I outline more recent accounts of empirical inquiry, which describe an iterative back-and-forth movement between concrete empirical exemplars to their abstract descriptions. Reframed along similar lines, the confrontation model continues to offer both conceptual insight and practical guidance for a naturalized philosophy of science. (shrink)

Moderata Fonte's dialogueThe Worth of Women(1600) contains stinging critiques of marriage and the dowry system as well as of women's inequality. I argue that Fonte's critique of male dominance, particularly in marriage, employs a modern method of argument, which anticipates the later contractarian critiques of political authority. Given that women are naturally men's equals, Fonte argues that men's de facto authority over women is illegitimate and based on force. Moreover, by treating marriage as an artificial institution rather (...) than as a natural institution, Fonte anticipates later feminist arguments that criticize the modern contract tradition for its failure to extend its critique of other forms of authority to patriarchal marriage, instead positing a natural basis for women's subordination to men. In light of this history, Fonte's critique of patriarchy is especially interesting: it challenges the patriarchal family structure and the institutions that collude to diminish women's agency, and this challenge to male authority is similar to later (male) challenges to de facto political authority. (shrink)

What is at stake in the conversation over same-sex marriage is competing definitions of marriage. -/- One good argument for same-sex marriage depends on a definition that came to prominence after the sexual revolution. A different understanding of marriage was prominent in the nineteenth century, and this shows that Obergefell was wrongly decided, at least as far as Originalist understandings of law are concerned. -/- Accordingly, the nature, purpose, and function of marriage, and what people (...) think of them, are important for understanding the requirements of Constitutional law. -/- The teleology of marriage is a topic philosophers and theologians are well suited to study, and thus philosophy and theology have much to contribute to the study of law and to all the other disciplines interested in marriage. (shrink)

Citizenship and marriage are legal statuses that generate numerous privileges and responsibilities. Legal doctrine and argument have analogized these statuses in passing: consider, for example, Ted Olson’s statement in the Hollingsworth v. Perry oral argument that denying the label “marriage” to gay unions “is like you were to say you can vote, you can travel, but you may not be a citizen.” However, the parallel between citizenship and marriage has rarely been investigated in depth. This paper investigates (...) the marriage-citizenship parallel with a particular focus on three questions prompted by recent developments in law and policy: -/- 1) Should we provide second-best statuses? Some couples — in particular gay and lesbian couples — have been offered permanent statuses, like civil unions, that bear legal privileges but fall short of full marriage equality. In contrast, similar differentiations within citizenship are generally resisted. The history of citizenship may presage the increasing unacceptability of differentiations within status in the gay marriage context. Meanwhile, the history of marriage equality efforts may help present-day citizenship advocates choose legal strategies. -/- 2) Should statuses be a gateway to rights? Some early gay rights advocates unsuccessfully argued that advocates should challenge the primacy of marriage, rather than seek access to the institution. Advocates attempting to expand the rights of current noncitizens face similar choices: should they seek to give current noncitizens greater access to citizenship, or challenge the reservation of important rights to citizens? -/- 3) Can status relationships be plural? Many critics of dual and multiple citizenship argued that allegiance to multiple states was immoral, unadministrable, or both. More recently, polygamous marriage has become a topic of legal and political discourse, first as a foil in anti-gay marriage arguments and later as a political possibility in its own right. I consider whether polygamous marriage advocates can profitably draw on arguments for multiple citizenship, and how multiple-citizenship advocates should responsibly respond to the analogy with polygamy. (shrink)

The paper explores the role played by concepts of temporality in shaping the self's identity and its moral responsibility. This theme is examined in both Kant and Benjamin, two theorists who view the modern self as an essentially historical being. For Kant, teleological and uniform time shoulders the heightening of the self's universal attributes and the constant expansion of a moral community. The desired end is the establishment of an integrated and homogeneous human space, a cosmopolitan stage wherein history (...) is finally redeemed. This progressive notion of time is seen as dangerous by Benjamin, since it generates forgetfulness and inner impoverishment of the self. Instead, Benjamin advances a fragmented conception of time, one allowing conversation between distant moments and grounding identity in concrete images. While the poetic recovery of memory leads to the distinct and exclusive, Benjamin follows Kant in demanding universal moral responsibility of the self. However, Benjamin's strategy, so to speak, is the integration of our temporal - not spatial - experience. Key Words: Benjamin • history • Kant • nation-state • space • time. (shrink)

According to the New Natural Law theory, marriage is a basic good. This means that marital society is an end in itself, and that marital intercourse instantiates that end by making the married couple to be “one-flesh.” This one-flesh union finds its intrinsic fulfillment in the procreation of children, but should not be seen as a mere means to the begetting and rearing of offspring. This view of marriage represents a departure from the traditional understanding of marriage (...) as having its ultimate raison d’être in the begetting and rearing of offspring, and has significant implications for judgments concerning the liceity of embryo adoption/rescue. This paper offers a critical appraisal of the thesis that marriage is a basic good. (shrink)

The netherworld marriage or the wedding for dead persons is a folk religious ritual in ancientChina. It is based on ancient Chinese folk belief of afterlife in the netherworld. Through a textual research and investigation based on relevant historical records and other ancient documents, as well as some archeological discoveries, this paper tries to give a brief account of the origin and development of netherworld marriage and its cultural and ideological background in ancient China. It finds that netherworld (...) marriage might originate from human sacrifice in early ancient times, and its name varies in different periods. It has gone through its prevailing in the Tang Dynasty, declining in the Song and Yuan Dynasties, and reviving again in the Ming and Qing Dynasties. During the long history, this custom was generally criticized and condemned by orthodoxy Confucian intellectuals, yet it was practiced and sometimes even prevailed among both noble class and common people, due to its deep root in the folk belief. The paper also intends to clarify some misconceptions and misunderstandings concerning the study of this unique cultural phenomenon. (shrink)

Christopher Bennett has argued that state support of conjugal relationships can be founded on the unique contribution such relationships make to the autonomy of their participants by providing them with various forms of recognition and support unavailable elsewhere. I argue that, in part because a long history of interaction between two people who need each other’s validation tends to produce less meaningful responses over time, long-term conjugal relationships are unlikely to provide autonomy-enhancing support to their participants. To the extent (...) that intimate relationships can provide a unique form of reciprocal support, Bennett fails to show that couples have an advantage over multiple-partner arrangements in doing so. (shrink)

Fragment 43a of the Hesiodic Catalogue of Women tells the lively tale of Mestra, a female shape-shifter who supports her father through serial marriages. I argue that this narrative demonstrates a typical mythic pattern, in which female shape-shifting is both a method of avoiding marriage and emblematic of an unmarried woman's unstable social position. I argue further that this version of Mestra's story in particular represents an attempt to mediate a question that was becoming increasingly important in sixth-century Athens, (...) namely: to which household does a bride belong, her father's or her husband's? (shrink)

How does the publication of Confessions of the Flesh impact feminist critique of Foucault's History of Sexuality project? The paper addresses this question in two ways: by asking how reflection on continuities and ruptures has, and can, be productive for feminist critique; and by revisiting the role of women in all four volumes. The terms of their inclusion have been considered an omission, particularly because the project omits same-sex eros between women. Where women appear, they are framed as spouses, (...) or as subordinated to some form of authority. And yet, insofar as the project contains more than one genealogical dimension, Foucault's “marriages” also belong to proximate plurigenealogies. In Confession's focus on the conditions for a juridical and divided self's subjectivation by will and desire, even the limited parameters within which women appear in the project incite the following question. What are the implications of Confessions of the Flesh's juridical self for genealogies of female subjectivation? (shrink)

The momentum of globalization and universalism, operating through the media, information technology and politics, has steadily diminished the importance of cultural diversity. It has even threatened to erase many of our cultural traditions, or extinguish our diverse experiences of the sacred. Yet the sacred which seems to be lost is often still encased in our cultural objects, stories and religious rituals. This paper will discuss how the memories of the sacred can be both preserved and reawakened. This paper will focus (...) on three scholars who develop alternative approaches to the universal. Franz Rosenzweig saw universal historical progress as oppressive. He believed that the practice of his Jewish religion offered a resistance and a possible correction to the general movement of history. Walter Benjamin saw the forgotten 'ruins' of history encase memories of the sacred and the silenced voices within history. For Benjamin, the role of interpretation is to awaken these hidden memories and voices which are encoded within our objects, images and commodities. This led him to a particular idea of a momentary messianic redemption in relation to greater flow of time. And finally, Jacob Taubes read St. Paul as offering a revolutionary model on how to live one's particular faith within a wider political order. In general, each writer developed an idea of redemption which involves a kind of remembrance of what has been obscured by the more general universal movement of history itself. This is especially relevant for the various religious and cultural communities within Cambodia. The paper will begin and end by discussing the origin story of Cambodia – the marriage between Preah Thong, the Indian prince, and Neag Neak, the Naga princess. I will additionally try to demonstrate that the story and its various reenactments is important because it represents a regenerative process rooted in the eclectic character of South East Asian culture in general. Various forms of memory within the syncretic or eclectic context of Southeast Asia can operate to preserve the sacred in an age of universalization and globalization. It also illustrates how the performance of memory can also offer an antidote to the "trauma" of Cambodia's past. (shrink)

Among the political changes brought about by the First World War was the formation of new countries, including Latvia. This in turn resulted in a strong need for the first national legislative acts and thus a substantial amount of effort to develop Latvian legal terminology which dates back to the beginning of the 19th century. The purpose of the paper is to study the development of Latvian terminology of marriage in the 20th century through analysis of the relevant body (...) of laws. The paper focuses on marriage-related terms extracted from the major legislative acts governing the institution of marriage in the 20th century. The present study adopts the qualitative research approach which constitutes data collection and data analysis. For the purposes of a comprehensive and efficient analysis of the extracted legal terms, marriage terms are divided into the following five thematic groups: 1) engagement; 2) entering into marriage; 3) nullity of marriage; 4) dissolution of marriage ; and 5) consequences of dissolution or nullity of marriage. The paper suggests that the core of the Latvian terminology of marriage has remained stable, as entering into marriage is a solid procedure where two interested parties give notice to a public or religious institution in order to officially register their relationship. Similarly, both parties often feel the need to terminate this relationship just as officially. This stability of fundamental processes contributes to terminological continuity. (shrink)

A recurring complaint in the highly polemical chronicles of the medieval Veneto is that elite families misused marital alliances as instruments of political violence. This concern appears, in particular, in the Cronica in factis et circa facta Marchie Trivixane , by Rolandino da Padova , the most rhetorically coherent and thorough medieval history of the region. Rolandino's interest in abuses of the betrothal system is evident in his account of the serial marriages of Cunizza da Romano. Over fifty years (...) before Cunizza's posthumous celebration in Dante's Divine Comedy, Rolandino's discussion of her amours forms part of a long denunciation of her brother, Ezzelino III da Romano . Cunizza's brother was an imperial vicar who, at the height of his power, controlled the entire mainland of the Veneto, called the Marca Trevigiana in the Middle Ages. The powerful Ezzelino is implied in the chronicle to have manipulated Cunizza's marital alliances, and the suggestion is that the resulting strategic connections enabled him to foment war and injustice. This tale is but one of many in which the chroniclers of the region condemn elite marital practices deemed transgressive in terms of political oppression. The main purpose of this article is to chart the chroniclers' accusations that link misconduct in marriage agreements to violence in factional politics and abuse of power. I contend that the chronicles of the medieval Veneto represent tyranny in terms of the manipulation of marital alliances. (shrink)

Recent attempts to develop scientific research strategies for cultural evolution have mostly drawn upon evolutionary biology, but within anthropology there is also an influential tradition of non-biological evolutionary thought whose basic principle is adaptation to the environment. This article is mainly concerned with the "cultural materialist" school of Marvin Harris, but also treats the recent attempt of Jared Diamond to create a more radical model of evolutionary ecology. I argue that the ecological tradition does not represent a real alternative to (...) neo-Darwinism and is in fact a pseudo-Darwinist theory. I also suggest that the bias in favor of materialistic explanation in cultural evolution may not be justified. (shrink)

Herodotus’ fateful tale of the seven Persian emissaries sent to seek Earth and Water from the Macedonian king Amyntes has been the subject of increasingly rich discussion in recent years. Generations of commentators have cumulatively revealed the ironies of Herodotus’ account: its repeated hints, for example, of the Persians’ eventual end; and, crowning all other ironies, the story's ending: that, after resisting the indignity of his female relatives being molested at a banquet, and disposing of all trace of the Persian (...) ambassadors and their party, Alexander of Macedon then arranges his sister's marriage to the leader of the search party sent to investigate his disappeared compatriots (Hdt. 5.21.2). More recent readings have gone further in uncovering the mythological archetypes for thelogos, or in tracing its exploration of a number of themes: revenge, guest-friendship, the equation of sexual and military conquest, or the ‘explosion of violence resulting from the contact of two different cultures’. Most fruitful perhaps have been those readings that have seen thelogosno longer as a detached ‘short story’ but in its wider context in theHistories: David Fearn, for example, has stressed the need to understand the presentation of Alexander I in the light of what the reader knows of his subsequent history. (shrink)

Addressing a wide range of topics, from Newton to Post-Kuhnian philosophy of science, these essays critically examine themes that have been central to the influential work of philosopher Michael Friedman.

This history of a statement attributed to the developmental biologist Lewis Wolpert exemplifies the making and uses of quotations in recent science. Wolpert's dictum, ‘It is not birth, marriage or death, but gastrulation which is truly the most important time in your life’, was produced in a series of international shifts of medium and scale. It originated in his vivid declaration in conversation with a non-specialist at a workshop dinner, gained its canonical form in a colleague's monograph, and (...) was amplified as a quotation on a poster derived from an undergraduate project. Although it drew on Wolpert's authority and he accepted his authorship, it thus represents a collective sifting of earlier claims for the significance of prenatal existence through the values of 1980s developmental biology. Juxtaposing a technical term with major life events has let teachers engage students, and researchers entice journalists, while sharing an in-joke that came to mark community identity. Serious applications include arguing for an extension of the fourteen-day limit on human-embryo research. On this evidence, quotations have been kept busy addressing every audience of specialized knowledge. (shrink)

ABSTRACT This paper explores the background to Mill’s feminist thought by relating his Subjection of Women to his early piece ‘On Marriage’ and three contemporary essays that were written among the radical Unitarian community of South Place Chapel by Harriet Taylor Mill, William Bridges Adams, and William Johnson Fox. It seeks to demonstrate that Mill’s Subjection of Women still has close ties with the earlier feminist thought of the South Place Chapel circle. Specifically, it will show that key arguments (...) like the characterisation of marriage as slavery, the pernicious moral effects of gendered education, and the social benefits of women’s liberation feature in the early essays by Mill himself, Harriet Taylor Mill, William Bridges Adams, and William Johnson Fox as well as in Mill’s Subjection. (shrink)

In the 1706 third edition of her Reflections upon Marriage, Mary Astell alludes to John Locke’s definition of slavery in her descriptions of marriage. She describes the state of married women as being ‘subject to the inconstant, uncertain, unknown, Arbitrary Will of another Man’ (Locke, Two Treatises, II.22). Recent scholars maintain that Astell does not seriously regard marriage as a form of slavery in the Lockean sense. In this paper, I defend the contrary position: I argue that (...) Astell does seriously regard marriage as a form of slavery for women and that she condemns this state of affairs as morally wrong. I also show that, far from criticizing Locke, Astell draws on key passages in his Thoughts concerning Education to urge that women be educated to retain their liberty. (shrink)

Fisher, Anthony The campaign to redefine marriage has recently gained such momentum- with now three and soon four Bills before the Commonwealth Parliament-that many think it is inevitable; this can leave those with misgivings feeling that they are already losers in a done deal. Some think it's the inexorable progress of liberty and equality-which leaves the doubters 'on the wrong side of history'. In this context supporters of classical marriage are presumed to have no real arguments to (...) offer. So in this paper I want to offer some reasons-not decrees from on high or from the past, not expressions of hatred or prejudice-but reasons I hope anyone can understand. I also hope you find these reasons persuasive and helpful in proclaiming and witnessing to true marriage among your families, friends and colleagues. But even if you disagree with me on this matter, I at least hope to help you understand why Australian law has always held, and many people still hold, that marriage is for people of opposite sex. (shrink)

This paper reviews the evolutionary history and biology of love and marriage. It examines the current and imminent possibilities of biological manipulation of lust, attraction and attachment, so called neuroenhancement of love. We examine the arguments for and against these biological interventions to influence love. We argue that biological interventions offer an important adjunct to psychosocial interventions, especially given the biological limitations inherent in human love.

This essay is a history of an analogy. It charts a perceived relationship between the Trinity and the conjugal family in Anglo-French lay culture in the later Middle Ages. The association had long been known within theological discussions of the Trinity, antedating the works of St. Augustine, but his disapproving assessment was enduringly to inhibit its use. This essay shows the way that the analogy reemerged in the fourteenth century, bleeding through its theological bandages into debates about the ethics (...) of human relationships. Where this interrelationship has been considered before by medievalists, it has been in criticism of William Langland's Piers Plowman. This essay treats that poem, too, but also maintains that the synergy between marriage and the Trinity was not only the preoccupation of an eccentric poet but had a much more widespread cultural relevance. Indeed, I gather here a range of material, both literature and art, from across Europe between roughly the end of the thirteenth to the mid-fifteenth century; within that evidence, I identify a shared interest in reanimating the apparently exhausted topic of Trinitarianism and the family. (shrink)

In this article, Cris Mayo examines the relationship among anti-LGBTQ policies, gay marriage, and sexuality education. Her concern is that because gay marriage is insufficiently different from heterosexual marriage, adding it as an issue to curriculum or broader culture debate elides rather than addresses sexual difference. In other words, marriage may be an assimilative aspiration that closes down discussions of what sexuality is and can mean, that sidesteps other related social issues such as health care for (...) all, and that reinforces sexuality and gender identity as privatized, not political, concerns. Mayo examines different strands of LGBTQ history that complicate the meanings of sexuality and that critique a variety of antigay or heterosexist policies for their exclusions. She concludes by suggesting that the possibilities of sexuality are not served by advocacy for one gay relationship formation and calling for a sexuality education that is instead directed at sexual diversity. (shrink)

How is love different from lust or infatuation? Do love and marriage really go together “like a horse and carriage”? Does sex have any necessary connection to either? And how important are love, sex, and marriage to a well-lived life? In this lively, lucid, and comprehensive textbook, Raja Halwani pursues the philosophical questions inherent in these three important aspects of human relationships, exploring the nature, uses, and ethics of romantic love, sexuality, and marriage. The book is structured (...) in three parts: _Love_ begins by examining how romantic love differs from other types of love, such as friendship and parental love. It asks which properties of love are essential, whether people have a choice in whom they love, and whether lovers have moral obligations to one another that differ from those they owe to others _Sex_ demonstrates the difficulty in defining sex and the sexual, and examines what constitutes good and bad sex in terms of pleasure, 'naturalness', and moral permissibility. It offers theoretical and applied ethical approaches to a wide range of sexual phenomena _Marriage_ traces the history of the institution, and describes the various forms in which marriage exists and the reasons why people marry. It also surveys accounts of why people should or should not marry, and introduces the main arguments for and against gay marriage. Features include: suggestions for further reading online eResource site with dowloadable discussion questions a clear, jargon-free writing style. (shrink)

That the history and the philosophy of science have been united in a form of disciplinary marriage is a fact. There are pressing questions about the state of this union. Discourse on a New Method: Reinvigorating the Marriage of History and Philosophy of Science is a state of the union address, but also an articulation of compelling and well-defended positions on strategies for making progress in the history and philosophy of science.

The question of Russell’s engagement with feminist ideas of the late nineteenth and early twentieth century is helpfully illuminated, I argue, by comparison to some of his feminist contemporaries—namely, Victoria Claflin Woodhull (1838–1927) and Emma Goldman (1869–1940). Like Woodhull and Goldman, Russell argues for women’s right to vote, a new sexual ethic, and a significant revision to marriage. These are paradigmatic feminist projects, and so would seem to suggest that Russell, particularly within Marriage and Morals, has significant philosophical (...) overlap with some of the feminist philosophers of his time. His similarities with feminist thinkers and activists Woodhull and Goldman on the classical feminist concerns of sex, suffrage, and marriage suggest that Russell’s views may yet find a place in the history of feminism, even if he does not. (shrink)

The elimination of child marriage is a goal that ranks high on the agendas of civil society organizations, national governments, and multilateral institutions. To date, however, there has been very little scholarship on the historical debates over the definition of child marriage. This article examines the history of age-restricted marriage as it was debated during the development of human rights instruments in the post-World War II era. Using archives of the United Nations and affiliated organizations, we (...) detail how and why efforts to establish a universal minimum age for marriage were repeatedly unsuccessful. We illustrate how the current, commonly used definition of child marriage—as marriage before the age of 18—has never been agreed upon in a legally binding international convention but was seemingly established through a discursive innovation that borrowed principles from the 1989 Convention on the Rights of the Child. (shrink)

“I am only what I make myself to be”, Fichte tells us. In this paper, I outline Fichte’s views on sex, marriage and gender, with two aims. Firstly, to elucidate an aspect of his moral theory which has received little attention, and secondly to argue that Fichte’s distinctive stance on selfhood, freedom, and normativity lead to a revisionary account of gender expression and identity, where people can freely carve out their own identity, irrespective of “nature”. In this paper, I (...) therefore outline Fichte’s own views, highlighting what I see as a tension in the texts between essentialism and antiessentialism about gender, before reconstructing a neo-Fichtean view which foregrounds the anti-essentialist aspect. (shrink)