Eugenic Sterilisation in Scandinavia

The view that eugenics was based on unscientific views has been put forward by a number of historians. It has been claimed that the early phase of eugenics, so-called mainline eugenics, was unscientific, biased against the lower classes, and racist. An ensuing reform eugenic phase, however, has been considered scientifically sound and politically progressive. This paper, based on recent studies of eugenic sterilisation in Scandinavia, challenges this view. The political and scientific arguments in favour of eugenic sterilisation laws in Scandinavia were complex and ambiguous, and it is empirically impossible to identify a problematic mainline eugenic phase and separate it from a more acceptable reform phase. Social and scientific arguments for sterilisation appeared side by side. To improve the gene pool was only one of a host of aims of eugenics, which “was” not a fixed, well-defined ontological entity with one definite purpose, but a concept with multiple meanings.     

Problematic Conjugations: Women’s Agency,Marriage and Domestic Violence in Indonesia

Abstract:

This paper examines women’s experience of domestic violence within marriage in Makassar, South Sulawesi. It analyses the meaning of marriage for men and women, the roles of men and women within marriage, shifts in marriage practices – particularly the shift from arranged to “love” marriage – and unequal gender positions within marriage. We discuss some salient issues in the “margins of marriage” in Indonesia: polygyny and constructions of masculinity that condone the practice of polygyny/affairs, and attitudes towards divorce, particularly for women. We then examine women’s perception of the causes and triggers of domestic violence as revealed by fieldwork data, using the lens of women’s agency. Our findings are that women perceive that their expressions of agency – for instance in challenging men’s authority, moral righteousness and adequacy as breadwinners – are the most common triggers for male violence within marriage. Finally, we discuss the difficulty for women of escaping domestic violence, thereby getting some purchase on the relative capacity of women to resist, deflect or deal with the violence.     

Free and Happy Bonds: Loving v. Virginia's Nineteenth-Century Precedent on Marriage and the Pursuit of Happiness

Loving v. Virginia declares that marriage contributes to the pursuit of happiness. It supports this claim by citing 19^th century precedent, precedent which itself drew upon a longstanding view of marriage and happiness's pursuit. This article examines that view in state and federal opinions from the decades surrounding 14^th Amendment ratification. The courts saw marriage as fulfilling the human need for community, thereby aiding in the private happiness of those marrying and the public happiness of the political society. Marriage supported private happiness by forming a bond that provided for physical, material, and emotional needs. Courts sought to aid these goals while also protecting spouses' rights. Marriage supported public happiness through creating and educating future citizens as well as cultivating virtuous habits among those married—goals which the courts also sought to protect. The article concludes by discussing the continuity and discontinuity between these 19^th century cases, Loving, and Obergefell.     

Julius Drachsler's Intermarriage in New York City

Abstract

Julius Drachsler's 1921 book, Intermarriage in New York City, examined 171,356 individual marriage license applications from New York City in the years 1908–12. The author found little intermarriage across social lines among immigrants but a considerable amount among their U.S.-born children. This study replicates Drachsler's by taking a 1% sample (N = 1,714 cases) of the same set of marriage license applications for the same years. The replication results show that Drachsler correctly found an increasing trend to intermarriage between the first and second generations, and with close to the same proportions as Drachsler's work. The replication study of New York City marriage licenses is also consistent with the results from a 1910 sample of married couples living in New York City, taken from the Integrated Public Use Microdata Sample. The replication study differs from Drachsler's reported findings on the extent of intermarriages across social lines of nationality and race, mainly due to the idiosyncratic way that Drachsler defined those two constructs. The New York City marriage license files offer the researcher further opportunities to pose and answer questions about intermarriage.     

Does the Law and the Constitution of the Family Have to Change?

The law and constitution of the family has been targeted for transformation in recent years, leading most notably to the Supreme Court's decision in Obergefell v. Hodges, mandating same-sex marriage as a matter of constitutional law. In this essay I undertake a thought experiment, asking how advocates of traditional marriage ought to want the law of marriage to change in light of this development. I begin by reviewing the argument for legal change sketched by Aquinas and then applying it to developments concerning marriage in modern America. Next I sketch the natural-law argument on behalf of traditional marriage. Finally, I turn to the case of Michael H. v. Gerald D., in which the Supreme Court upheld a statutory reiteration of the common-law presumption that the husband of the mother is the father of her child, against a challenge from the biological father, suggesting that this case, long admired by conservatives, needs to be reconsidered—and that the dissent in the recent Indian Adoption Case recognizing a constitutional right of biological parents might prove useful to the restoration of marriage law.     

Abortion and eugenics

The late 1960s and early 1970s saw a revolution within foetal diagnostics. In roughly the same period, legal measures in many countries permitted the termination of pregnancies in cases of suspected foetal abnormalities. Critics have claimed that the resulting abortion policies resemble the old, state‐imposed eugenics of the early 20th century. This article presents some evidence to the contrary. In Norway, which is the article's main topic of concern, so‐called eugenic clauses in the abortion legislation were passed well before the revolution in foetal diagnostics. More importantly, other motives were historically more significant than eugenics for the development of modern Norwegian abortion policies. Consequently, any eugenic effect of these policies should be considered a result of coincidence rather than design – or so the article argues. Brief comparisons with the other Nordic countries are included.     

The public and private history of eugenics: an introduction

Inspired by our experience addressing the legacy of eugenics at California State University, Sacramento, this special issue presents an array of articles representative of diverse approaches to the historical investigation of eugenics. This article provides an introduction to the history of eugenics and explores the ways in which public history is particularly well suited to shape the historical memory of eugenics and encourage dialogue about contemporary biotechnologies.     

Capac Women and the Politics of Marriage in Early Colonial Peru

During the major Inca civil wars, Atahualpa had almost exterminated Huascar’s kin. Only a few capac women, those who descended from Manco Capac, the founder of the Inca dynasty, remained alive. Atahualpa had planned to take them as his principal wives since only this type of marriage could successfully maintain the authority of the Incas over a large Andean territory. The Spanish arrival in 1532 interrupted his plans, but it did not eliminate Inca claims of sovereignty through marriage. In fact, it was through marriage that Atahualpa aimed to establish political alliances with Francisco Pizarro. While both Incas and Spaniards understood marriage on their own terms, there were many instances in which both were willing to redefine their own concepts of marriage in their struggle for power. In all of these, the women engaged in these unions were not only conscious about their political roles, but agents in the main historical events of this period.     

Women,Place and Practice in Vanuatu: a View from Ambae

This paper discusses the relationship between people and place in Vanuatu, focusing on the relationship between women and place. The paper draws on ethnographic data from the island of Ambae, arguing that practice mediates the relationship between people and place, and, in the new context of the nation, has become a way of demonstrating a person's affiliation to place. In contemporary Vanuatu, kastom mediates and expresses place-based identity. Landholding and land-use are aspects of the practice of a place. The fact that a person's identity is tied to their place raises issues for the identity and status of women, who move at marriage to their husband's place. It remains the case, however that at marriage a woman becomes identified as a person of her husband's place, no matter whether she lives there or not. Ni-Vanuatu women see their capacity to move and resettle in this way as a strength, a capacity of which they can be proud, and for which men respect them. The growth of urban centres since Independence is bringing new presssures to bear on the relationship between people, practice and place.     

Sir Charles Grandison,Natural Law and the Fictionalised English Gentleman

This article enquires into the relation between enlightened humanist conceptions of natural law and the period novel's fictionalization of the English gentleman in the context of its marriage plot. Marriage played a key role in enlightened theorisations of natural law precisely as an institution capable of grounding familial and civil life in an emerging concept of human nature. Yet public debate about the state's role in the regulation of marriage in mid-eighteenth-century England demonstrates that natural law lent itself to very different models of sovereignty and governance. The antinomies that characterized natural law's circulation in the English context are uniquely fictionalized in Samuel Richardson's last novel, Sir Charles Grandison (1753–54), a lengthy parallel narrative of failed courtship and matrimonial felicity that draws upon Pufendorf's model of natural law, yet is only partly implicated in its secular humanism. The novel's eponymous gentleman hero – a ‘Man of Religion and Virtue’ – exemplifies a mix of Anglican piety, civic virtue and disinterested sympathy that is sanctioned by natural law and sealed by the English marriage plot.     

HENRY VAUGHAN,THE LIBERATION OF THE CREATURES,AND SEVENTEENTH-CENTURY ENGLISH CALVINISM

This article examines how Richard Bernard’s commentary on the Book of Ruth, Ruths Recompence (1628), was constructed so as to deliver its messages, specifically those reflecting Bernard’s concern with living well. Attention is drawn to certain parts of the exposition which exemplify Bernard’s views and one part, especially, which caused him perplexity. This last pertains to a central element of Ruth which challenges Bernard and his early modern predecessors, in particular, in expounding the book. This is Ruth’s approach in Chapter 3, following the advice of her mother-in-law, Naomi, to their kinsman, Boaz, on the threshing floor, alone by night to request marriage according to the levirate law. Such an approach is contrary to the voluminous literature in the early modern period setting out how women should conduct themselves. Regarding other parts of the exposition, the article shows how Bernard taught such lessons as desirable relations between masters and servants.     

Sister-in-Law Marriage in the Empire: Religious Politics and Legislative Reform in the Australian Colonies 1850–1900

In 1835, a statute was passed in the parliament of the United Kingdom making it illegal for a widowed man to marry his sister-in-law. 1 Lord Lyndhurst's Act (1835) 5 & 6 Will VI c. 54. Marriage to a sister-in-law after a wife's death was common practice in nineteenth-century England and colonial Australia and aunts often took on the responsibility of raising children after a sibling's death. In the 1840s, a protracted parliamentary and social debate began over whether a widowed man's marriage to his sister-in-law should be made legal and this debate lasted over seven decades. In the Australian colonies, where English law had been inherited, 2 Those Australian colonies settled prior to the passing of Lord Lyndhurst's Act inherited the English position regarding deceased wife's sister marriage at the time, that such unions were voidable in the ecclesiastical courts during the lifetime of the parties, and in those colonies established afterwards, the 1835 statute applied and deceased wife's sister unions were illegal. In both cases colonial parliaments attempted to pass legislation to clarify the law. a similar debate occurred in the 1870s. The marriage was legalised in most of Australia in the 1870s while it remained illegal in England until the turn of the century. The parallel debates in each country provide a window into the comparative effect of religious culture on the development of marriage law. One of the primary reasons for the protracted nature of the struggle for marriage reform in England was its significance for the relationship between church and state. This article explores the implications of the relationship between church and state in Britain and the colonies for marriage legislation.     

The Case of Beatrice Brooke: Fictions of Law and Marriage in Caroline Norton's Lost and Saved (1863)

In comparison with her influential political essays on matters of child custody, divorce and marital property settlements, the novels of Caroline Norton remain relatively under-studied. The purpose of this article is to revisit one of these novels, Lost and Saved, published in 1863, and to do so more particularly as an exercise in literary jurisprudence. It argues that the story of Beatrice Brooke, the unfortunate heroine of the novel, is shaped in considerable part by the law; first, by the peculiar terms of a probate settlement which serves to preclude her marriage to her ultimately duplicitous lover Montagu Treherne, and then second, by the broader terms of matrimonial law in nineteenth-century England, the construction of which serves to delude Beatrice into thinking that an ‘irregular’ marriage to Treherne enjoys some residual legal force. Though the medium is very different, the critique of marriage presented in Lost and Saved is just as urgent as that engaged in Norton's more famous political essays.     

Public opinion and policy responsiveness: the case of same-sex marriage in Australia

This article examines congruence between public opinion and politicians’ positions on same-sex marriage in the Australian House of Representatives from 2012 to 2016. In contrast median voter theorem and other office-motivated frameworks, Australian federal politicians have largely ignored majority opinion, which has been supportive of same-sex marriage for a decade. Using a unique dataset (n?=?601,550) of voter preferences collected during the 2013 federal election, and collated Hansard and media data, we compare public opinion on same-sex marriage with politicians’ public positions. We find a status quo bias, suggesting the influence of special interest groups in this policy area. Yet, we also find parliamentarians are responsive to public opinion once it reaches a critical level, and that very low opposition to same-sex marriage in an electorate predicts policy support from its MP, which varies by party and over time.     

Non-standard work and fertility: a comparison of the US and Japan

Using General Social Survey data from Japan and the US (N?=?5101), we examine the effect of non-standard or non-regular work status on men’s fertility. We employ a cross-national comparative approach to explore how this relationship differs both within and across the two countries. Consistent with features of the Japanese context which make it challenging for non-regular workers to realise the breadwinner role we find a negative effect of non-standard work status on men’s fertility in Japan, but not the US. Specifically, Japanese men employed as non-regular workers have the lowest chances of having a child. Non-regular work status has no such effect on men’s fertility in the US. We also find that the difference in the non-standard work effect between the two countries can be accounted for by differences in the effect of marriage, which illustrates the close connection between marriage and fertility in Japan.     

Ethnic minorities and the eugenic promise: the Transylvanian Saxon experiment with national renewal in inter-war Romania

The history of inter-war European eugenic movements overwhelmingly focuses on projects proposed by nation-states, and in doing so frequently overlooks the possibility of ethnic minorities pursuing independent, or even competing, nation (re-)building agendas. This article explores how the German Transylvanian Saxon minority perceived, appropriated, and ultimately pursued the eugenic promise of a healthier, purer, nation in inter-war Romania. It explores the life and work of two of the discourse's leading figures, namely Heinrich Siegmund and Alfred Csallner, before turning to eugenic policy of awarding substantial ‘honorary gifts’ for supposedly eugenically valuable children pursued by Fritz Fabritius' Fascist Self-Help movement after 1933.

The analysis of Saxon eugenics offered here wants to be understood as both a case study and a stepping stone, an opportunity to compare and contrast it with those potentially advanced by other ethnic minorities, and to thereby rethink the relationship between eugenics and ethnic minorities more widely. Therefore, to augment historiography's perception of eugenics as a state-wielded tool of victimisation and assimilation with another perspective, namely that of how and why a biological understanding of identity was ideally suited to an ethnic minority striving towards empowerment and re-homogenisation – towards a ‘eugenic fortress’.     

Uxores,ancillae and dominae: women in thirteenth-century Hungary in the Register of Várad

Women’s history for Árpád-era Hungary (1000–1301) has generally been restricted to legal issues and the royal court. This study addresses these deficiencies by examining women in the Register of Várad in regard to three areas of investigation: marriage practices and the involvement of the Church, access women had to property and the access women had to authority. Evidence from the register indicates that by the thirteenth century, ecclesiastical ideas regarding marriage were barely making themselves felt. Ideas of consent and even the indissolubility of marriage were at times unimportant. Though priests were occasionally present at marriages, their role was not decisive. Women had three primary means of obtaining property. They could receive gifts or dower on the event of their wedding, and they could receive a portion of the patrimony. This inheritance was termed the quarta filialis as it amounted to no more than one-quarter of the father’s property. These gifts came under the control of the woman’s husband, and she could not access them until his death. Widowhood combined with guardianship of a minor son could allow women to exert considerable power and, just as elsewhere in Latin Europe, women’s access to public and private authority most approximated that of men’s as a widow. Not all women, of course, had access to such power. The Register of Várad shows numerous instances of women slaves who were under the complete control of their master.     

The Missionaries' Position: Polygamy and Divorce in the Anglican Communion, 1888–1988

This article explores the Church of England's engagement with polygamy through a survey of policy debates about plural marriage that took place from the 1880s to the 1980s. With few exceptions, nineteenth and early‐twentieth century missionaries refused to allow men in polygamous marriages to convert to Christianity. This decision was formalised at the 1888 Lambeth Conference, but reversed one hundred years later at the 1988 Conference. The article uncovers factors that led to the recognition of alternative forms of marriage, and begin to expose the dynamics of repression and toleration in Anglican marriage discourse. Following recent postcolonial feminist scholarship, it argues that the church's inability to resolve its parallel but conflicting oppositions to polygamy and divorce formed a paradox which implicitly provincialized British Anglican gender understandings, and that the 1988 Lambeth Conference decision represents a tacit acknowledgement of the fundamental epistemic divide represented by this paradox.