The Divorce of Marriage and Parenthood

Marriage is a template for domestic life and the problems that arise in it. The patterned assumptions that traditionally defined marriage gave substance to the family. These assumptions have become less compelling over the course of a century. In this paper, I suggest how and why this has happened. I focus on the meaning of parenthood and its relationship to marriage. In the course of a century, parenthood has been redefined as a rational choice governed by calculation. As a result, childbearing, pregnancy, marriage and parenthood have been redefined. Their relationships to one another have, to varying degrees, been altered. Marriage is an institutionalized way to care for the babies that once came, inevitably, as a result of sexual intercourse. What becomes of marriage when sex no longer produces babies? The answer is that everything about marriage and the family changes. Such changes help explain the rise of professional family therapy and related fields.     

The State, Marriage and Divorce

ABSTRACT This essay advances several interrelated arguments concerning the proper role of the state with regard to marriage and divorce but my main contention is that 'pure'no-fault divorce laws are unjust—or, at least, they are unjust if marriage involves a genuinely contractual element, and there seems to be very little doubt that it does. Locke, Kant and Hegel are three eminent thinkers who are alike in viewing marriage as a contract (though in the case of Hegel, it is a 'contract to transcend the standpoint of contract') and in the first two sections of the essay I consider their views on the role of contract in marriage. Whilst holding (with Hegel) that marriage is more than a contract, I also hold (with Kant) that it is not less than a contract. In section three I consider the implications of this 'not less than', the most important one being that 'pure'no-fault divorce laws are unjust. I shall contend that whilst the irretrievable breakdown of marriage may be regarded as a suitable ground for divorce, it simply cannot, and certainly ought not to, be regarded as a justificatory basis for the laying aside of rights acquired by individuals as a result of their having entered into a marital contract. However minimal one might wish the role of the state to be, or however averse one might be from allowing the state any role at all in purely personal and confidential relationships, yet to allow the expression 'the irretrievable breakdown of marriage'to be employed as a olanket to cover over the infringement of personal, contractually engendered and civilly recognised rights, is not to exercise commendable restraint but is, rather, to condone what is simply an abnegation by the state of its basic responsibility to ensure that justice prevails.     

Progress and tradition in medieval Ashkenaz

Intellectual historians have identified differing attitudes toward the notion of progress among the churchmen of the twelfth and thirteenth centuries in western Europe. The present study aims to trace the views of rabbinic figures in medieval Ashkenaz during this period. Tosafists such as Isaiah di Trani, Samson of Sens, and Asher b. Yehiel felt that subsequent teachers and decisors could progress beyond the formulations and rulings of their predecessors, while Rashi and Rashbam believed that progress within the post-Talmudic period, at least with respect to legal rulings, was virtually impossible. At the same time, there was a consensus that the spirituality of earlier generations was greater, and that certain prerogatives in ritual matters which were accepted in the earlier period were no longer valid. As in the Christian world, those who were partisans of progress were criticized by others for their stance. Within the Sefardic orbit, Maimonides was virtually alone in his view that the ``decline of the generations' was not an inexorable process. Those Tosafists who agreed with this position were his nearest contemporary allies. The application of dialectic by the Tosafists to justify existing Ashkenazic practices that appeared to be contrary to Talmudic law parallels the activities of canon lawyers, as do their efforts to deal with new technologies. Even the more conservative group of Ashkenazic rabbinic thinkers looked upon the idea of newness itself quite favorably. This revised version was published online in August 2006 with corrections to the Cover Date.     

Crisis and authority in early modern Ashkenaz

The social and intellectual foundations of medieval Judaism were shaken by a series of developments that included the invention of printing, advances in scientific knowledge, humanism, and the commercial revolution. In early modern Ashkenaz, the ensuing crisis centered on questions of ritual transmission and leadership. Minhagbücher composed in seventeenth-century Worms and Frankfurt urged the preservation and reinstatement of medieval customs relating to synagogue worship and rituals practiced in the home, while in some cases newer customs were also incorporated. However, the writings of Rabbi Ya’ir ?ayyim Bacharach were more far-reaching in response to the crisis of authority, as is evident in his forthright independence in matters of ritual and law. Customs could be considered authentic, in his view, provided they were textually based, were proven to be historically reliable, and enjoyed popular consent. His decision to consult kabbalistic sources—a departure from the resistance Kabbalah had encountered in early modern Ashkenaz—rested in part on the theological appeal of mysticism. Reflecting contemporary political philosophy and jurisprudence, Bacharach’s unequivocal endorsement of lay communal authority hinged on its elected status and on the legitimacy of law founded on principles of equity and justice.     

Child Access and Visitation Following Divorce: A Growth Area for Marriage and Family Therapy

Recent federal legislation encourages states to increase noncustodial parents' access and visitation with their children following separation or divorce. The State of Iowa Department of Human Services Bureau of Collections commissioned a pilot study to provide a beginning picture of how parents and professionals experience the child access and visitation process. Two midsized urban centers and a rural community were studied. A total of 14 divorced parents and 16 professionals who work with divorced individuals were interviewed using a 2-hour focus group format. Study findings identified problematic themes regarding child access and visitation, potential solutions, and suggested services to address these problems. The services suggested by the study all fall within the professional expertise of marriage and family therapists. A primary finding of the study was the need for therapy and mediation focused on relational issues.     

China's Marriage Law: A Model for Family Responsibilities and Relationships

China's Marriage Law of 1981 is presented with a brief commentary. The law encompasses the responsibilities of spouses, parents, children, grandparents, and siblings to one another. The new law is contrasted with the 1950 Marriage Law, which prohibited such feudal practices of former times as arranged marriages and child betrothals. The 1981 law is concerned with equality and the lawful needs of women, children, and the aged. Family planning is encouraged. Divorce is made easier to obtain. Adoptees and stepchildren are provided for. The law provides a legislative model for personal relationships.     

The Challenges of Intercultural Marriage: Strategies for Pastoral Care

In this article, the author describes the unique issues associated with intercultural marriage. A case illustration provides the springboard for presenting specific pastoral care and counseling strategies that may be helpful to intercultural couples. These strategies include assessing worldview and acculturation, creating spiritual and cultural genograms, reframing cultural challenges, collaborating with indigenous healers, inventing new rituals, and developing the advocacy role.     

Impossible Antecedents and Their Consequences: Some Thirteenth-Century Arabic Discussions

The principle that a necessarily false proposition implies any proposition, and that a necessarily true proposition is implied by any proposition, was apparently first propounded in twelfth century Latin logic, and came to be widely, though not universally, accepted in the fourteenth century. These principles seem never to have been accepted, or even seriously entertained, by Arabic logicians. In the present study, I explore some thirteenth century Arabic discussions of conditionals with impossible antecedents. The Persian-born scholar Afdal al-Dīn al-Khūnajī (d.1248) suggested the novel idea that two contradictory propositions may follow from the same impossible antecedent, and closely related to this point, he suggested that if an antecedent implies a consequent, then it will do so no matter how it is strengthened. These ideas led him, and those who followed him, to reject what has come to be known as ‘Aristotle's thesis’ that no proposition is implied by its own negation. Even these suggestions were widely resisted. Particularly influential were the counter-arguments of Naīr al-Dīn al-Tūī (d.1274).     

Divorce in the kibbutz: Past and present

In the kibbutz today, there are no ideological or economic barriers to prevent a couple from deciding to divorce. Both husband and wife are assured continued economic security and equal opportunities for co-parenting, thus reducing fears of disruption in the daily contact with the children. In spite of these favorable circumstances, marital breakups in the kibbutz are less frequent than in the larger cities in Israel. In recent years, however, at a time when a stronger and more intensive family life has gained legitimacy within the kibbutz structure, there is a marked tendency toward a rise in the rate of divorce. In this article we analyze the possible causes of the variations in the frequency of divorce within the kibbutz framework.The authors express appreciation to Esther Mivtzari, a psychologist on the staff of the Kibbutz Child and Family Clinic and a member of the religious kibbutz Ein-Tzurim, for assistance in gathering data on divorce in the religious kibbitzum.     

Sex and the Statehouse: The Law and the American Same‐Sex Marriage Debate

Abstract : Same‐sex marriage remains a point of contention in American politics. The recent history of this conflict suggests that the Court's attempt to frame issues of sexual politics through paradigms of the right to choose and the tolerance principle, and constitutional ‘liberty’ and ‘equality’ cases raises difficult questions of justice. This article proposes that a Lutheran response, grounded in an understanding of the orders of creation, might interrogate these assumptions, particularly about the appropriate reach of government in sexual and family matters.     

Divorce Ambivalence and Reasons for Divorce in Iran

This study examined divorce attitudes and reasons for divorce in Iran, a nation experiencing a rapid increase in divorce. Using instruments translated into Farsi with a sample of 230 Iranian spouses filing for divorce, we found a preponderance of common relational reasons for divorce (such as growing apart and not getting enough attention), along with high rates of interpersonal violence reported by wives. Study participants showed considerable rates of divorce ambivalence, along with openness to reconciliation services. The findings were compared with similar studies of the United States spouses in the divorce process. Clinical implications include a careful approach to considering how discernment counseling might be adapted to the cultural situation of Iran, and particularly the special concerns of Iranian women.     

Borderline Personality Disorder,Divorce and Family Therapy: The Need for Family Crisis Intervention Strategies

Recent literature reviews, point out the lack of crisis intervention and crisis prevention programs that are in existence to address crises experienced by first-degree and divorced family members of Borderline Personality Disorder (BPD) probands. The focus of such intervention programs should be to facilitate the improved ability of the first-degree and divorced family members to manage and transcend the unstable family environment. Correlations between personal instability and frequency of psychosocial crises have been examined, as well as the ripple effect of frequent individual crises on family environments. Reviews of current therapeutic interventions, as well as a synthesis of practical family therapy interventions focusing on breaking the cycle of dysfunctional multi-generational family environments are also examined.