The Cultural Power of Law and the Cultural Enactment of Legality: The Case of Same-Sex Marriage

This paper examines the legal consciousness of same-sex couples with respect to marriage. Data from an interview-based study of 71 members of same-sex couples reveal strong consensus on the desirability of having samesex relationships legally recognized, and considerable variation in couples'attempts to enact marriage culturally through various practices, including the use of marriage-related terminology and public commitment rituals. I argue that some of these efforts to enact marriage culturally should also be read as attempts to enact legality in the absence of official law. The findings from this study challenge the idea that marginalized social actors will tend toward a resistant legal consciousness: Rather than seeking to avoid and evade legality in their everyday lives, most same-sex couples seem to embrace legality for its practical and symbolic resources, even as they stand "against the law" in their opposition to the exclusion of same-sex couples from the institution of legal marriage. Approaching marriage from the perspective of same-sex couples, this research demonstrates that the legal and cultural aspects of marriage are deeply intertwined. Cultural enactments of marriage enact legality even in the absence of official law, and many actors ascribe to law a cultural power that transcends its specific benefits and protections, the power to produce social and cultural equality.     

Parental Kidnapping: A Survey of Left-Behind Parents

Parental kidnapping is examined through a survey instrument developed by Rosemary Farley Janvier. The survey was tested and mailed to 283 left-behind parent victims nationwide; 65 parents elected to participate (a 23% return rate). The survey results yielded a statistical profile of parental kidnappings, with distinct differences between domestic and international cases. The differences were both in gender of the perpetrator and the victims, marital, and custodial status. The circumstances surrounding the kidnappings, use and effectiveness of existing legal remedies as preventive measures, law enforcement, attorneys, and the court?s responses, both pre-kidnapping and post-kidnapping and the emotional and financial costs to the parent victims were assessed. Recommendations by the left-behind parents for prevention of parental kidnappings are offered for legislative changes and procedural changes for the law enforcement community, attorneys, and the judiciary in decisions to be made to ultimately protect children from this trauma through prevention. Special recognition to the staff of the Ocean County Advisory Commission on the Status of Women, Ann Finnegan, Project Coordinator, and Lynn Ross, clerical support.     

Protection for Whom? Creditor Conflict and Bankruptcy

In the absence of a bankruptcy law, private debt collectionremedies generally result in an ad hoc disposal of the debtor'sassets, which reduces the aggregate value of creditors' claims.We show that creditors will often choose not to write privatecontracts that would prevent this inefficient behavior, eventhough these contracts would be to the mutual benefit of allcreditors. Our analysis therefore provides an economic rationalefor the existence of a bankruptcy law that makes a collectiveresolution compulsory for all creditors. We argue that sucha mandate is a requisite part of any effective bankruptcy system,including proposals for market-based resolutions of insolvency.     

The Face-to-Face Mediation Program: A Massachusetts success story

Summary An effort that began as an experimental alternative to small claims court for consumer cases has fostered the application of alternative dispute resolution to many other conflicts in Massachusetts. The Attorney General's Face-to-Face Mediation Program, unique in the country, has proven to be an effective local resource to citizens of the state for resolving consumer disputes. The influence of the program has been felt outside the Attorney General's office as well as within.In the two years since this report was written, the Attorney General's Face-to-Face Mediation Program has shown a steady increase both in referrals and in quality of service. Today, all but one of the seven remaining mediation programs is running at or near capacity. In 1988, 84 percent of the approximately 700 cases that were mediated reached agreement, and 96 percent of those agreements were upheld. Suzanne Goulet Orenstein, who is Senior Associate, Program on Environmental Dispute Resolution with The Conservation Foundation, Washington, D.C., formerly was Chief, Local Consumer Groups and Dispute Resolution Activities with the Office of the Massachusetts Attorney General.Kathleen Grant is Coordinator of the Face-to-Face Mediation Program, Public Protection Bureau, The Massachusetts Attorney General's Office, 131 Tremont St., Boston, Mass. 02111.