Critical feminist perspectives on the legal recognition of polygamous marriages in the UK

[摘要] In this thesis, I explore the desirability of including polygamous marriages within contemporary legal understandings of marriage in the UK. I develop existing research in this area to undertake a contextualised, historically-conscious examination of English legal and judicial responses towards polygamous marriages which I then use to underpin my analysis of real women’s narratives. My thesis addresses five research questions: 1.) How are legal and judicial responses towards polygamous marriage framed in English law? 2.) What is the impact of current legal and judicial attitudes towards polygamous marriages on women in the UK? 3.) How are women’s views, experiences and perceptions of polygamous marriage constructed in relation to law, religion, culture and society in the UK? 4.) How might the UK’s legal regulation of polygamy be changed to better reflect the needs of women? 5.) Is legal recognition for polygamous marriages in the UK, a desirable or viable option for reform? I argue that current English legal and judicial responses towards polygamous marriages are archaic and remain underscored by colonial imperialist, orientalist and sexist attitudes. These attitudes have also permeated wider social and cultural attitudes towards polygamy. The debate surrounding the legal recognition of polygamous marriages has evolved very little because the same arguments concerning equality and harm have been made for centuries. A more sensitive engagement with the advantages and implications of legal recognition for polygamous marriages is required to promote a nuanced model of recognition.

[发布机构] University:University of Birmingham;Department:Birmingham Law School

[关键词] H Social Sciences;HQ The family. Marriage. Woman