For over a decade she has designed programs, developed curricula and provided instruction in academic support and bar preparation, and she is a recognized expert and frequent presenter on such topics, including at American Bar Association, AALS, Society of American Law Teachers, Legal Writing Institute and Institute for Law Teaching and Learning national conferences. Professor Manning has a passion for helping students to succeed in law school, on the bar exam and in the practice of law. Prior to her academic career, she served as the Director of Litigation for the Fair Housing Foundation and was in private practice specializing in housing discrimination litigation.
Woodruff Professor of Law; Alonzo L. This Article is drawn in large part from John Witte, Jr. And I express my deep thanks to several fine scholars who helped me with various parts of this text, and the broader project from which it is drawn: Broyde, Rafael Domingo, Mark A.
Goldfeder, Judith Evans Grubbs, R. Reynolds, and Mathias Schmoeckel. Abstract Questions about polygamy are likely to dominate Western family law in the next generation.
On the frontier of Western family law are hard questions about extending the forms of valid marriage to include polygamy and extending the forums of marital governance to include religious and cultural legal systems that countenance polygamy.
This Article analyzes the 1, year tradition of Western laws against polygamy and the growing constitutional and cultural pressures to reform these laws today. I show how the traditional Western cases against polygamy and same-sex unions used strikingly different arguments drawn from the Bible, nature, rights, harm, and symbolism.
I conclude that, because these arguments are so different, Western nations can responsibly hold the line against polygamy, even if they choose to accept same-sex marriage and its accompanying norms of sexual liberty, domestic autonomy, equality, and nondiscrimination.
I reject ideological arguments, pro and con, that anti polygamy laws are a form of traditional Christian morality. I reject slippery slope arguments, from the right and the left, that acceptance of same sex marriage must inevitably lead to acceptance of polygamous marriage.
And I reject arguments from domestic and international sources that religious freedom norms command the accommodation, if not validation, of religious polygamy. The West may, and in my view should, politely say no to polygamy. An Appendix to the Article provides a detailed guide to different forms and terms of plural marriage discussed and prohibited in the West—real polygamy, constructive polygamy, successive polygamy, and clerical polygamy.
Introduction For more than 2, years, the Western legal tradition has defined lawful marriage as the union of one man and one woman with the fitness, capacity, and freedom to marry each other. This was the dominant normative teaching of ancient Greeks and Romans, first millennium Jews and Christians, medieval Catholics and early modern Protestants, modern Enlightenment philosophers and liberals, common law and civil law jurists alike.
While monogamous marriage is neither good for everyone nor always good, all these traditions have argued, in general and in most cases, monogamous marriage brings essential private goods to the married couple and their children, and vital public goods to society and the state.
See the Appendix herein, infra notes —86 and accompanying text, for an overview of the shifting and confusing terminology. While a few Western writers and rulers have allowed polygamy in rare individual cases of urgent personal, political, or social need, virtually all Western writers and legal systems have denounced polygamy as an alternative form of marriage and have denounced the occasional polygamous experiments of early Jewish aristocrats, 3See John Witte, Jr.
The historical sources commended monogamy on various grounds.
Marriage, Religion, and Law in the Western Tradition 2d ed.Journal of Public Law by an authorized editor of BYU Law Digital Commons. For more information, please [email protected] Recommended Citation Christopher H.
Rosik,Sexual Orientation Change Efforts, Professional Psychology, and the Law: A Brief History and Analysis of a Therapeutic Prohibition, 32 BYU J. Pub.L. 47 (). The California Western International Law Journal was founded in and includes legal scholarship in the areas of international law.
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The Journal of Academic and Business Ethics (JABE) publishes original, unpublished works related to contemporary business and education ethical issues. Educational issues like plagiarism, academic integrity, academic policy and cheating are typical topics in educational ethics articles.
Corporate fraud, sexual harassment, white-collar crime and legislative issues are typical topics in business. In this paper, I review three major purposes for arms control negotiations — disarmament, stability, and advantage. In the first part of the paper, I compare the three purposes against the causes of war literature to show that each provides a defensible.
*** Fellow, Center For Research in Crime &Justice, NYU School of Law. BA Bucknell, ; J.D. NYU School of Law, 1 The federal government and most states do not include gender bias in their defini-tion of hate crimes. Some states, like New York, do not include sexual orientation bias.