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Lecture 8

LAW 201 Lecture 8: LAW201 Lecture 8 - March 7th, 2017

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Queen's University
LAW 201
Mary Jo Maur

070317 LAW201 Week 8 Family Law I Polygamy Themes family law both reflects values beliefs of a society and reinforces family ideology enormous changes in family behaviours, values and law in Canada elsewhere marriage family are evolving institutions Canadian law and society now accept unmarried cohabitation (or common law marriage) and same sex marriage, but not polygamy should Canada now recognize polygamy? Comparative: Canada in the World Canada has one of the most liberal, functional and pluralistic definitions of family oppositesex common law samesex relationships social parents multiple parents except for polygamy and Canadian law is unitary not personal applies to all religious groups in some countries (Nigeria, Israel), different family law based on faith (personal family law) RegulatingAdult Relationships InAn Increasingly Diverse Society cultural social context challenge for lawmakers courts parliamentlegislatures sociolegal research issues HistoricalApproach to Marriage since the begin of Common Law, marriage was monogamous heterosexual union: Marriagedefined as the voluntary union of one man and one woman to the exclusion of all others Hyde v Hyde (1866) In 2005, Canada changed the definition of marriage to allow two persons of the same sex to marry AFew Definitions polygamy: having more than one spouse polygyny: 1 man and more than 1 wife by far the most common type of polygamy polyandry: 1 woman and more than 1 man very rare polyamory: more than two spouses, involving gender equality and often group sex, etc. Sociolegal Context (Canada) Increasingly diverse society, due in part to immigration islam is fastest growing religion in Canada many immigrant cultures are patriarchal
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