 “a socially legitimate sexual union, begun with a public announcement and with some idea of permanence, and assumed with more or less explicit contract.”

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Presentation transcript:

 “a socially legitimate sexual union, begun with a public announcement and with some idea of permanence, and assumed with more or less explicit contract.”  In Canada most individuals today from their first sexual union or conjugal relationship, by cohabiting, not marrying  Helen Fisher, an American Anthropologist, suggests that the durability or the pair-bond is essential to the survival of humans  Feels that the only way people can ensure their continued existence is by reproducing/protecting their children  Proposed that both men and women have a biological urge to produce children-basic biological drive

 Take a moment and with the person next to you come up with a list of reasons RIGHT and WRONG reasons…. What did you come up with?

 Adults status within society  Bearing and raising of children  Share resources-improve standard of living  For individual identity  Culture expectations  Social and psychological reasons  Friendships-companionship  Happy state-love-and to be loved-social exchange theory

 To appear grown up  To be freed of parents’ supervision  Expect marriage to change them into better people -Marriage does not change people  It cannot make an immature person into an adult or an unhappy person happy Do you agree? What are your thoughts?

 Sexual urges  Loneliness  Premarital pregnancy -When this is the only factor that holds two people together, the couple will soon feel trapped and may start to resent each other and the child

 There is no one reason for marriage that is better then any other  The right reasons for marriage are all based on the mutual gratification of needs  Couples often marry to form a partnership in which they fulfill each others needs and desires  Keep in mind- current divorce rates are acting as a deterrent

WHAT DO YOU THINK?

 At the beginning of the 21 st C, it is evident that many people are not marrying  The marriage rate has declined, yet men and women continue to form conjugal relationships  Common-law marriages or cohabitation, in which a male and female live together as husband and wife without legally marrying

 Historical roots of marriage traditions and legal practices in Canada can be traced back to the Ancient Romans, Greeks and Hebrews  Marriage as a binding relationship between a man and a woman was probably one of the earliest developments when human societies began to organize themselves  It regulated sexual activity so that the biological father could identify his offspring  Consequently, adults became mutually responsible for nurturing and socializing their children  Keep in mind that marriage unites individuals and their children thus allowing them to share resources and property, here it was viewed primarily as an economic unit  In fact, for most of history, love was seldom a consideration in the decision to marry and most women had little to say in their choice of partner

 Polygyny-Practice of a man having more then one wife. Preferred form of marriage in most societies historically  Monogamy-Practice of a man having only one wife. Most common custom  Polyandry-Occurs when a society is so poor that several men are required to support a wife and children

 Marriages of the ancient Hebrew were usually arranged between patriarchal extended families for the purpose of producing sons- Betrothal  A betrothal, or promise to marry usually was agreed upon when a boy and girl were young  Although marriages were arranged, the views of the young men and women were sometimes considered  Brides value as a potential mother was symbolized by the payment of a bride price -by the grooms family to the brides family  Brides family gave her a dowry -in the form of money, household items, or land, so that she was able to establish a home for her new family  Mutual obligations of husband and wife were recorded in a marriage contract  A wife was expected to obey her husband, and she could be divorced if she could not bear sons  Sororate Obligation  Sister or close female relative replaced a deceased wife in her married- ensure children in the same blood line  Levirate Obligation  Husband dies, brother of deceased man had to marry his wife and provide a child as heir for the deceased man

 Read the following handout on your own-make sure you understand and highlight the important definitions as they may show up on a test What do you think?

 Read the following article: Arranged marriages and dowry What do you think?  Have any of you read articles on this topic?

 Read pages and complete the following chart

 The timing of significant developments in life is determined by a culture’s social clock and by an individual’s readiness to make a change.  In 1950 the average age for first marriage for men was 28.5 years and for women was 25.9 years. This was higher than the 1960s-70s, when people married at younger ages — for example, in 1972 the average age of 23.0 years for women and 25.4 years for men. By 2008, the average age for first marriage had resumed the trend and was 29.6 years for women and 31.6 years for men.  Age of newlyweds is also a key factor for first marriage dissolution. Teens who marry face a marriage dissolution risk that is almost double that of individuals who marry between the ages of 25 and 29, and people who wait until their mid-30s or later who have a 43 per cent lower risk.  Many Canadians cohabitate before they marry, but it is not clear whether cohabitating is a cause or an effect of delayed marriage  Young adults are delaying marriage, but not postponing sexual activity

 Marriage is not longer the significant rite of passage into adulthood that is once was  Delayed to allow for: -Post-secondary education -Finding a job in chosen career -Feel they have the money to afford marriage-secure employment -Ready for a child  Anything else. What do you think of the changing time pattern

Couples who choose to get married are announcing their commitment to their family, friends, faith, community, and society. In your opinion, how important is it for a couples relationship to be recognized by others?

 Marriage has always been an economic union  Divisions of labour provides for the well- being of spouses and children, and also benefits the society in which they live.  Clearly differentiated roles: › MEN- Instrumental Role  providing for their family, work and earn and income › WOMEN- Expressive Role  emotional role, providing a supportive home for their husbands/wives and nurturing their children.

 Economic benefit is achieved by sharing resources  Now that women are educated and earning comparable incomes to their husbands- less likely to accept traditional marriage roles  Moving towards EGALITARIAN RELATIONSHISP  men and women share the responsibilities rather than adhere to fixed gender roles.  LAW side- assume contributions are equal therefore- separate- assets distributed evenly › This is if you decide to marry or cohabit for 3 years in Ontario, you assume this unwritten contract under Canadian Law.

 There must be benefits to marriage that outweigh the advantages of the alternatives- cohabitation or remaining single

 Most common choice of Canadians for first conjugal relationship  Not governed by written law but by legal and social customs  The laws in each province and territory differ regarding how they recognize and govern common- law unions, but in general, common-law couples earn the same rights as married couples after they have lived together for at least 1 year.  Is perceived to be insurance for a lasting marriage, it is not effective. Fewer actually get married, and they are more likely to separate than married couples

 In 2001 Statistics Canada began collecting information about same-sex partnerships, and about 0.5 per cent of all couples reported living in same-sex unions.  Canada was the third country to permit same-sex marriages, after the Netherlands (2000) and Belgium (2003). Since 2003, when Ontario and British Columbia became the first two provinces to legalize same-sex marriage, most of the provinces and one territory have recognized same-sex marriages. In 2005, the federal Civil Marriage Act was enacted making same-sex marriage legal across Canada. This change required that definitions for husband and wife be amended to "spouse,“and the definition for dependent children became "enfant à charge" to include and protect same-sex spouses and their children.

 There has been a substantial rise in the number of same-sex couples in Canada.  In the 2006 census, there were more than 45,000 same-sex couples, 1 per cent of all couples, which was a 33 per cent increase from  The census also counted same-sex married couples for the first time, reflecting the legalization of same-sex marriages for all of Canada as of July  Overall, 17 per cent of same-sex couples were married.

 Divorce law is under federal jurisdiction. In 1968 Canada's first unified divorce law was passed. At that time, divorce became easier to obtain, although considerable legal and other difficulties remained.federal jurisdiction  Before 1986, if marital breakdown was cited as the reason for divorce, a couple had to have lived three years apart before they could obtain a divorce. In 1986 a revised Divorce Act (1985)  The revised act included a "no-fault" divorce and the sole reason for divorce now is marriage breakdown, which is defined as either living apart for at least one year or committing adultery or treating the other spouse with physical or mental cruelty.  The divorce rate has been steadily rising.  At the beginning of the 21st century a study showed that the lowest risk of divorce was during the first year of the marriage but the risk then rose and peaked around the fourth anniversary, after which the risk slowly decreases. A substantial proportion of couples eventually divorce and the majority of couples who divorce will have been married for less than 15 years.

 According to the General Social Survey, most Canadians marry once and fewer than 1 per cent marry more than twice. The demographic trends that have been noted for Canadian families (eg, rising divorce rate and greater numbers of women in the labour force)women in the labour force  Although marriage is defined as a partnership of equals, the economic consequences of a divorce tend to be more negative for women and children and neutral or positive for men. The increase in the number of divorces, and the consequent increase in remarriages, coupled with the increase in the proportion of women who give birth outside of marriage, has led to a discrepancy between marital and parental roles: an increasing proportion of the people who are parents together are not necessarily married to each other.  In 2006 approximately 4 per cent of Canadian couples comprised one visible minority group member and one non-member. The number of couples with persons belonging to two different visible groups, or mixed unions, has grown at more than five times the growth for all couples.

 Marriage continues to be typical for individuals in Canada and all parts of the world  Despite the common assumption that men and women will meet, fall in love, marry in their early 20’s, and stay married to the same partners  As we have seen there has been a constant change in the pattern of marriage  Current ideal of romantic marriage might be threatened by: -Increased divorce rate -Cohabitation- raise’s questions about the purpose of marriage Where do you think we are going?

Please think about the following questions, pair up with someone close to you, then share your ideas “Should cohabitation have the same legal standing as marriage, or should cohabitation be an alternative relationship for those couples who want none of the legal rights or responsibilities of marriage” Homework- What are legal rights of individuals in common-law relationships?- Due NEXT class