From the Institution of Marriage to Mutual Consent of the Partners: Ending Forced Marriage
Neyrand, Gérard
From the Institution of Marriage to Mutual Consent of the Partners: Ending Forced Marriage - 2010.
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This paper examines the ancient form of organization of matrimonial space that established marriage as the foundation of a family under paternal authority, first theocratic, then naturalist. This concept became relevant again with the intercultural notion of forced marriage, an inacceptable practice in our society as our social order is based on the principle of free individual choice. Mutual consent is the basis for a legitimate free choice, but social control of observation of this principle is difficult. In some situations where consent is suspected to be other than “free and informed,” it becomes a delicate process to objectively establish a reality that participates in a subjective experience where awareness of the situation isn’t clear. This questions the judicialization of private relations.
From the Institution of Marriage to Mutual Consent of the Partners: Ending Forced Marriage - 2010.
2
This paper examines the ancient form of organization of matrimonial space that established marriage as the foundation of a family under paternal authority, first theocratic, then naturalist. This concept became relevant again with the intercultural notion of forced marriage, an inacceptable practice in our society as our social order is based on the principle of free individual choice. Mutual consent is the basis for a legitimate free choice, but social control of observation of this principle is difficult. In some situations where consent is suspected to be other than “free and informed,” it becomes a delicate process to objectively establish a reality that participates in a subjective experience where awareness of the situation isn’t clear. This questions the judicialization of private relations.
Réseaux sociaux