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This essay argues that the four most plausible arguments compatible with public reason for an outright legal ban on all forms of polygamy are unvictorious. My purpose is not to survey exhaustively the empirical literature on contemporary forms of polygamy, but to tease out the types of arguments political liberals would have to insist on, and precisely how strongly, in order for a general prohibition against polygamy to be justified. The most common objection to polygamy is on grounds of gender equality, more specifically, female equality. But advancing this argument forcefully often involves neglecting the tendency of political liberalism (whatever name it goes by in contemporary, complex, multicultural societies) to tolerate a certain amount of inegalitarianism in private, within the bounds of robust and meaningful freedoms of choice and exit. Properly understood, polygamy involves no inherent statement about the essential inferiority of women, and certainly not more than many other existing practices and institutions (including many expressions of the main monotheistic religions) which political liberals regard as tolerable.
When can ever be justified in banning a religious practice? This paper focusses on Martha Nussbaum's capabilities approach. Certain religious practices create a clash between capabilities where the capability to religious belief and expression is in conflict with the capability of equal status and nondiscrimination. One example of such a clash is the case of polygamy. Nussbaum argues that there may be circumstances where polygamy may be acceptable. On the contrary, I argue that the capabilities approach cannot justify polygamy in any circumstance. Her approach rules out polygamy, but may not rule out all non-monogamous relationships, such as polyamory. Finally, I conclude that the capabilities approach would benefit from a more robust understanding of recognition.
This paper offers a genealogy of anti-polygamy sentiment in North America, elucidating certain racist and nationalist formations that are implicit in the historical valorization and enforcement of heterosexual monogamy. It tracks the white supremacist and heteronormative logic that conditions the widespread disdain toward polygamy, and that renders it fundamentally different from familial configurations that are associated with national identity. Relating political and philosophical doctrines to the archival documentation and insights of contemporary legal and cultural historians of anti-polygamy sentiment, it elucidates the racial Anglo-Saxonism of Hegel's ruminations on marriage and on the state, and highlights its reverberation within the political philosophy that justified the criminalization of polygamy and its supporting institutions in the nineteenth century and in contemporary immigration policy and same-sex marriage advocacy in Canada and the United States.
Given that in our view the child has a fundamental right to be heard in all collective deliberative processes determining his or her future, we set out, firstly, what is required of such processes to respect this right – namely that the child's authentic voice is heard and makes a difference – and, secondly, the distance between this ideal and practice exemplified in the work of child welfare and child protection workers in Norway and the UK, chiefly in their display of an instrumental attitude to children's views.
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Polygamy is a hotly contested practice and open to widespread misunderstandings. This practice is defined as a relationship between either one husband and multiple wives or one wife and multiple husbands. Today, “polygamy” almost exclusively takes the form of one husband with multiple wives. In this article, my focus will center on limited defenses of polygamy offered recently by Chesire Calhoun and Martha Nussbaum. I will argue that these defenses are unconvincing. The problem with polygamy is primarily that it is a structurally inegalitarian practice in both theory and fact. Polygamy should be opposed for this reason.
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Polygamy is a hotly contested practice and open to widespread misunderstandings. This practice is defined as a relationship between either one husband and multiple wives or one wife and multiple husbands. Today, 'polygamy' almost exclusively takes the form of one husband with multiple wives. In this article, my focus will centre on limited defences of polygamy offered recently by Chesire Calhoun and Martha Nussbaum. I will argue that these defences are unconvincing. The problem with polygamy is primarily that it is a structurally inegalitarian practice in both theory and fact. Polygamy should be opposed for this reason.
Contributing to current debates about child welfare and child protection, this book provides a holistic view of how children develop agency, combining social, ...
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Discussion of Martin Guggenheim, Texas polygamy and child welfare
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