The debate is on the definition of the term marriage. There is barrier because of unimaginative variation in the institution of human marriage.
Earlier definition is given by Westermarck, Malinowski and Radcliffe Brown and Murdock.
Westermarck: Marriage is a relation of one or more men with one or more women which is recognized by custom or law and which involves certain rights and duties. This definition defies many ethnic situations such as male-male marriages,female-female marriages and sham marriages among kwukiutl Negroes. These cannot fit into this definition of marriage.Hence fails universal applicability.
Malinowski and Radcliffe Brown :It is a union of a man and woman in which they are the jural father and mother of the children born to the woman. But in Trukese in Micronesia, marriage is not necessary to get legitimate offspring.
Murdock: Marriage involves residential cohabitation,economic cooperation and formation of nuclear family.Marriage is therefore a social transaction that establishes a nuclear family.But in Nayars of Kerela, there is no residential cohabitation. Among Kibbutz communities in Israel there is no economic cooperation between mating pairs.
Modern Definition: K.Gough studied Nayars of Kerela and opined that any institution of marriage must fulfill two conditions
1.Social acceptability of relationship
2. Legitimacy of children
In western societies these requirements are taken care by transaction of marriage and registration of birth.
Research undertaken by Stephen Levy, Mogey and others proved that it is very difficult to arrive at definition of marriage because there are many societies where the sexual rights,economic responsibilities and the socialization of children are not derived from the relation resulting from marriage but are part of rights and responsibilities of social groups
The institution of marriage is universal,only the definition is not.
Earlier definition is given by Westermarck, Malinowski and Radcliffe Brown and Murdock.
Westermarck: Marriage is a relation of one or more men with one or more women which is recognized by custom or law and which involves certain rights and duties. This definition defies many ethnic situations such as male-male marriages,female-female marriages and sham marriages among kwukiutl Negroes. These cannot fit into this definition of marriage.Hence fails universal applicability.
Malinowski and Radcliffe Brown :It is a union of a man and woman in which they are the jural father and mother of the children born to the woman. But in Trukese in Micronesia, marriage is not necessary to get legitimate offspring.
Murdock: Marriage involves residential cohabitation,economic cooperation and formation of nuclear family.Marriage is therefore a social transaction that establishes a nuclear family.But in Nayars of Kerela, there is no residential cohabitation. Among Kibbutz communities in Israel there is no economic cooperation between mating pairs.
Modern Definition: K.Gough studied Nayars of Kerela and opined that any institution of marriage must fulfill two conditions
1.Social acceptability of relationship
2. Legitimacy of children
In western societies these requirements are taken care by transaction of marriage and registration of birth.
Research undertaken by Stephen Levy, Mogey and others proved that it is very difficult to arrive at definition of marriage because there are many societies where the sexual rights,economic responsibilities and the socialization of children are not derived from the relation resulting from marriage but are part of rights and responsibilities of social groups
The institution of marriage is universal,only the definition is not.
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