Reconciliation of women’s rights and cultural practices: polygamy in Ghana

The article analyzes women’s rights and the practice of polygamy in Ghana. The various justifications given for the practice and the colonial attitude towards the practice are examined. The article focuses on how polygamy impacts the attainment of substantive equality for Ghanaian women. As the total abolition of polygamy would be a challenging and problematic objective at this stage, due to the entrenched nature of the practice, it is instead recommended that law be used to protect women in polygamous marriages from domestic violence and ensure their property rights.     

Sweden in 1930 and the 1930 census

The primary goal of censuses has always been to collect reliable information on the state’s population and provide a basis for governmental decision-making. This study examines the categories used in the 1930 census and links them to the context in which they were generated. We treat the census as a tool of state power, which can be discerned from the definitions of its categories and the way in which statistics are collected and used. The guiding question of the study was “how does the 1930 census differ from previous censuses and how can these differences and changes be explained?” We find that as in earlier censuses, Statistics Sweden used extracts from the parish books on the individual level to collect information for the 1930 census, but also used diverse supplementary sources including tax registers, income tax returns and language surveys. Thus, unlike in most countries, Sweden did not send out census takers or questionnaires to the population. Many of the new or updated variables we see in the 1930 census such as income, wealth, and number of children born, can be related to the political and social debate concerning the poor working class and the establishment of the welfare state. The inclusion of categories such as ethnicity, religion, and foreign nationality can be seen as part of a normative approach wanting to control, monitor and correct deviant elements of the Swedish population.

Sweden has several extraordinary longitudinal population databases built on the country’s excellent parish registers dating back to the 18th century. While the Swedish censuses have rarely been used as sources of data for historical analysis, this work demonstrates that the 1930 census has great potential to support new research.     

Women in a changing economy: the misleading tale of participation rates in a historical perspective

In this article I focus on women's advancement in the Swedish labour market during more than a century. By applying a long-term perspective I give the historical background to what is commonly seen as a success story. By reassessing census and labour force survey data I show that participation rates may tell a misleading tale not only for the past but also for the present. In a long-term perspective, Sweden does not stand out as a country with high female labour force participation rates. It was not until the mid-1960s that market work came to play a larger part of women's life, since young women worked until they had children and older married women returned to the labour force after having raised a family. During the late 1960s and the 1970s, women with children under the age of seven became an integrated part of the labour force. It seemed as if welfare reforms supported women's market work in an unprecedented way; gender differences in labour force participation decreased and became very small. A reassessment of labour force participation rates together with alternative measures of market work such as at-work and market-hours rates show that similarly to how they underestimate women's market work and contributions to production during the early decades of the twentieth century, they overestimate women's market work at the end of the century, neglecting the extent to which reproductive responsibilities still interfere with women's paid work through absence and part-time work.     

Polygamy In Family Court: A Resource For Judges Dealing With An Unfamiliar Family Structure

Cases concerning polygamous households can present difficult challenges for family courts. Though a growing number of Americans practice polygamy, the lifestyle still remains shrouded in mystery. Many polygamists are religious (and sometimes racial) minorities that have suffered from discrimination. The most influential judicial precedents concerning polygamy come from the nineteenth century and are tinged with religious and racial stereotypes, which can make judges uncomfortable with citing those decisions. There is a need for reliable, unprejudiced, and up‐to‐date information about polygamy that judges can cite while maintaining an image of objectivity and impartiality. This Article seeks to provide that resource. It provides information about the evolutionary influences that shape polygamy, how polygamy is practiced in the modern world, and common problems affecting polygamous households that judges should be aware of.     

Lost in registration? Missing occupations of single women in the Bruges countryside,c.1814

The absence of occupational titles for women in historical censuses has stymied numerous scholars. Various authors have explained this phenomenon as carelessness or bias on the part of the census-takers. Women's work was of little interest to the authorities and census officials focused their efforts upon the activities of the head of household. While source triangulation can be a useful tool for uncovering ‘hidden’ employment of women, it is often a complex and time-consuming process. In this article we outline an alternative to deal with the issue of missing occupations of single women in censuses by exploring their living arrangements. We identify four aspects of co-residence that can highlight the roles played within the household by single women without registered employment: their relation to the head of the household, and that individual's occupation, property and marital status. Comparing data from the 1814 population census regarding two social agro-systems and the city of Bruges, we argue that occupational titles of single women were not randomly omitted by the census officials, but reflect the embeddedness of these women in the family economy and household. While we do not refute recent research that stresses single women's economic independence during the long eighteenth century, our findings suggest that for a subset of singles this was not the case. We claim that by studying registered labour only, the historical picture of single women's work is biased or at the very least incomplete.     

Residence patterns of the elderly in early eighteenth-century Iceland

In this article the 1703 Icelandic census is used to shed light on the living arrangements of the elderly during a period of harsh climatic and social conditions. The census is unique in the sense that it includes an entire population of a country at an early date. It was taken on the initiative of the authorities in Denmark with the objective of examining the dire conditions of the Icelandic population and, in particular, assessing the number of paupers and vagrants. The census therefore provides interesting possibilities to analyse the situation of the most vulnerable groups of the society. In a society with low nuptiality rates and a low sex ratio, the risk of becoming dependent on poor relief increased with age. Elderly persons who were not able to retire in the household of an offspring ran the risk of spending their last years as paupers. In the 75 and older age group, no less than 43.5% of women were in the position of a pauper. In line with other recent studies on intergenerational co-residence, this study indicates that the elderly preferred to co-reside with their offspring. Even though elderly couples preferred to remain in the position of head of household, most would co-reside with their children. As regards widowed persons, there were noticeable differences between elderly men and women. Elderly widows were thus more likely than widowers to resign from headship on entering widowhood in order to retire in the household of one of an offspring.     

Women and the dynamics of marriage,household status,and aging in victorian canada and the united states

This article compares the life course transitions and household statuses of Canadian and American women and men in late nineteenth-century Canada and the United States. Using a set of integrated census data from 1871 Canada and the United States in 1880, the article suggests that household status differences between the two nations centered on gender. Canadian and American men timed or experienced their own transitions into and out of marriage and household headship at similar ages and to a similar extent. Demographic and economic differences between Victorian Canada and the United States, however, produced distinctions in Canadian and American women's life course transitions and household status: for Canadian women, older ages at first marriage, and the prolongation of the duration of the status, spouse of the household head. For their part, American elderly women more frequently lived as single and widowed heads of households than did their Canadian counterparts.     

Habermas,Feminism, and Law: Beyond Equality and Difference?*

In this paper, I argue that Habermas' proceduralist model of law can be put to feminist ends in at least two significant ways. First, in presenting an alternative to the liberal and welfare models of laws, the proceduralist model offers feminism a way out of the equality/difference dilemma. Both these attempts to secure women's equality by emphasising women's sameness to men or their difference from men have placed the onus on women to either find a way of integrating themselves into existing institutions or to confront the so‐called question of women's difference. The proceduralist model renders this dilemma irrelevant. Instead, it proceeds from the fact of sexual difference; a fact that produces competing and conflicting needs and interests that require interpretation by both men and women. This, I argue, marks a change in the very way we conceptualise the so‐called problem of women's difference, insofar as the question is no longer framed in these terms. Second, I argue that this deliberative process over the interpretation of conflicting interests affects a fundamental shift in the nature of legal institutions themselves, insofar as law is no longer a vehicle for promoting male interests.     

Equal Application or Unequal Treatment

Abstract

Florida's community control program (CC) developed as a punitive alternative to prison. Characterized by intensive supervision and home confinement, the language and the guidelines assume gender equality, however, the model ignores the family responsibilities of controllees. Because women are more likely than men to be primary caregivers for their families, the issue has gender implications at the policy level. This study examines the background of CC legislation in relation to gender, and presents a case example of how the language of community control is applied at the local level. From interviews and observations, the authors show how officers and female controllees in a county program describe the tensions between caregiving and policy restrictions in their daily lives. They argue that caregiver status should be addressed at the policy level, and advocate the formation of “social families” as a way to help controllees meet CC requirements while caring for families.     

Women and the dynamics of marriage, household status, and aging in victorian canada and the united states

This article compares the life course transitions and household statuses of Canadian and American women and men in late nineteenth-century Canada and the United States. Using a set of integrated census data from 1871 Canada and the United States in 1880, the article suggests that household status differences between the two nations centered on gender. Canadian and American men timed or experienced their own transitions into and out of marriage and household headship at similar ages and to a similar extent. Demographic and economic differences between Victorian Canada and the United States, however, produced distinctions in Canadian and American women's life course transitions and household status: for Canadian women, older ages at first marriage, and the prolongation of the duration of the status, spouse of the household head. For their part, American elderly women more frequently lived as single and widowed heads of households than did their Canadian counterparts.     

Bigamists meet polygamists: Confronting the popular image of bigamists in Canadian society

In 1985, the Canadian Law Reform Commission recommended to keep both polygamy and bigamy as criminal offences. Its rational to still outlaw polygamy rested on the grounds that such an accommodation would support patriarchal religious practices denigrating women, while bigamy as a criminal offence had its roots in two fundamental institutions of Canadian society: marriage and the family. Two different crimes, but in the mind of the Canadian population they are often blurred.

The popular image of bigamists involve family men juggling two wives, a few children, and two homes, each family not knowing of the existence of the other. If we do not imagine this kind of “double life”, at the very least, the first impulse is to picture a male villain, a scoundrel. This hardly corresponds to the reality. A systematic study of bigamy cases brought to legal authorities in a number of Canadian local jurisdictions in the nineteenth and twentieth centuries reveals that very few of the prosecuted bigamists led a “double life”.     

‘Not always logical’: binational/biracial marriages in Britain, 1900–1940

ABSTRACT

This essay explores the intersection of race, religion, and nationality in marriage by concentrating on unions between Britons and ‘Arabs’ (those from North Africa and the Middle East) in the late nineteenth and early twentieth century. Focusing on this area, most of which was not in the British Empire, allows an analysis of the intersection between the empire and the larger world. Marriage was a nexus in the intertwined prejudices of race, empire, class, and religion. Though the British primarily blamed polygamy for any marital problems, their own gendered law of nationality was equally at fault. Indeed, the centrality of gender was clearest in three circumstances. First, many women refused to be ‘white women in peril,’ instead exercising agency in their relationships. Second, British men who moved to the Middle East, converted to Islam, and married Muslim women, became legal hybrids who struggled to pass on British nationality to their wives and children. Third, British-born women married to Middle Eastern Christians faced similar problems, despite marrying other monogamists. In the 1930s, the British government formed a committee to address these issues, but the committee failed to find solutions, in part because the members, like the British state, supported racial/national coverture for women and thus refused to consider granting women equal rights in nationality. As a result, women married to men of different races and nations remained vulnerable to desertion and divorce in the interwar period. Such issues both confirmed the importance of an imperial frame of mind, but also the fact that the dilemmas went well beyond the formal empire.     

Can a Woman Rape a Man and Why Does It Matter?

Under current UK legislation, only a man can commit rape. This paper argues that this is an unjustified double standard that reinforces problematic gendered stereotypes about male and female sexuality. I first reject three potential justifications for making penile penetration a condition of rape: (1) it is physically impossible for a woman to rape a man; (2) it is a more serious offence to forcibly penetrate someone than to force them to penetrate you; (3) rape is a gendered crime. I argue that, as these justifications fail, a woman having sex with a man without his consent ought to be considered rape. I then explain some further reasons that this matters. I argue that, not only is it unjust, it is also both a cause and a consequence of harmful stereotypes and prejudices about male and female sexuality: (1) men are ‘always up for sex’; (2) women’s sexual purity is more important than men’s; (3) sex is something men do to women. Therefore, I suggest that, if rape law were made gender neutral, these stereotypes would be undermined and this might make some (albeit small) difference to the problematic ways that sexual relations are sometimes viewed between men and women more generally.     

Women's and men's fear of gang crimes: Sexual and nonsexual assault as perceptually contemporaneous offenses

Perceptually contemporaneous offenses are crimes that are coupled in people's minds when they express fear. Previous studies have shown that fear of rape predicts women's fears of other crimes. This study examined the differential effects of sexual and nonsexual assault as offenses that may be coupled with specific gang crimes. For both women and men, once physical harm is accounted for by controlling for fear of nonsexual assault, fear of rape explains much less variance than it does when it was included alone. We argue that fear of physical harm, not the sexual intrusion in rape, has the strongest effect on fear for both women and men.     

A father marries his daughters: a case of incestuous polygamy

Polygamy is a risk factor for incest. This case report of incest and polygamy portrays the dynamics that dominated this family's identity. The father indoctrinated and groomed his biological daughter and stepdaughter for sexual gratification in a cult-like atmosphere, and secretly married both of them. He justified his acts to the family members under the guise of religion, but he later denied allegations of polygamy and sexual contact with his daughters when confronted by the authorities. Ultimately, his parental rights were terminated in family court. The authors interviewed the primary victim and reviewed extensive evidence, including videotapes of the victims talking with detectives and also privately amongst each other. Videotape dialogue excerpts capture how these young girls individually coped with the sexual abuse and responded to becoming child wives in a polygamous family. Criminal charges ultimately were not pursued because the key witness refused to testify against her biological father.     

Women in the Nigerian judiciary: considerable headway or organised progress?

ABSTRACT

Women have made considerable progress in terms of their entrance into the legal profession, such that they are advancing towards parity with men on the High Court benches in Nigeria. This study is a product of qualitative empirical data gathered from interviews with judges and information gleaned from government records and personal files of judges in the Archives of the judiciaries in Mid-Western Nigeria. It identifies reasons for the increase in the number of women on the High Court Bench in the area. Women entering the legal professions in Nigeria from the 1930s opted for a career in government legal service and the Magistracy with less financial remuneration but regular work hours, than in private legal practice that provides higher remunerations and irregular work hours. Findings reveal that the number of women judges increased when it became fairly established to tunnel 90% of appointments to the High Court from these channels. The preliminary conclusion therefore, is that, although women lawyers have made considerable headway as High Court judges, the increase in their numbers on the High Court bench was not as a result of any organised policy to increase the number of women judges in Nigeria.