We agree with Cooper when she argues that what we are witnessing is an extension of familial patterns into, and onto, other forms of social organisation: in this case, into the setting of households beyond those based on marriage. And we also agree with Boyd and Young that this form of disciplining not only confirms […]
Рубрика: FEMINIST PERSPECTIVES. ON FAMILY LAW
The underside of present legal reforms and of our own approach
We began, when we first introduced our notion of the ‘shared household’, with a reference to a ‘utopian moment’. A point which has been made very succinctly by feminists in relation to the same-sex marriage debates is that it is all too easy to become constrained by the parameters which have been set by these […]
Reaching the limits of semblance logic: Beyond economic vulnerability
What we are suggesting is that two concerns — equality and concern for economically vulnerable parties — have always been in play in the reform debates. It may seem that economic vulnerability is a very sound ground on which to argue for law reform, and that it is important, in particular for feminists, to keep […]
A different paradigm: Beyond bilateral relationships
Should — or can — a model predicated upon bilateral relationships be extended beyond a bilateral model? To begin in the middle, the question of how far the model can, or should, be stretched is at issue only when we begin within the origins of the model itself, a presumption of the ‘typical household’ and […]
Reaching the limits of semblance logic: Constrained by bilateral thinking
Whilst we can see a stretching of the marriage model to include relationships not based within a sexual nexus, it is clear that the pattern of reform presumes a bilateral partnership.[178] If one aspect of the logic of semblance has been stretched to the point of loss, another (along with economic interdependency!) seems to remain. […]
Semblance logic: Beyond sexuality
When the House of Lords first debated the Civil Partnership Bill, Lord Tebbit and others raised a simple question: why limit a right to register to same-sex (sexual) partners? If economic vulnerability arising from sharing a household — especially, for instance, when one party was caring for another — was an important factor[170] in extending […]
Semblance logic: Sexual partnerships
On the one hand, we have the figure of the female cohabitant left economically vulnerable at the end of a period of cohabitation. On the other hand, we have the demand from many gay rights campaigners for access to marriage or to a marriage-like status. The momentum which directs the trajectory of each interest group […]
Shared Households: A New Paradigm for Thinking about the Reform of Domestic
Property Relations Anne Bottomley and Simone Wong Introduction When the Civil Partnership Act 2004 was being debated in Parliament, the chance was taken by a number of members of both Houses to raise, again, the plight of the female cohabitant who, at the end of a period of cohabitation (however lengthy) does not, unlike her […]
Concluding thoughts
In this chapter, I have interpreted the Civil Partnership Act as an act of legal discipline, but we might wonder whether we can also understand it in terms of opening up possibilities for resistance. While law may seek to close off possibilities — to discipline and to domesticate — we also have come to recognise […]
Queering partnership
For those who enjoy debating the politics of same-sex marriage, the Act provides a fertile source of material on which one can speculate whether the legal recognition of same-sex relationships is assimilationist (buying into an idealised heterosexual model of coupledom) or transgressive (challenging patriarchy by not conforming to a heterosexual, gendered model). However, the reason […]