The account begins with the development of the medieval Catholic canon law of marriage in an effort to combat the phenomenon of "secret marriage." Indeed, Witte reveals that prior to the systematization of the canon law and the sacraments, couples could proclaim themselves to be married with none of the public ceremonies, present witnesses, and festive celebrations that would become the classic wedding accoutrements in subsequent centuries. Given the disarray of the canon law and the sacramental system before this medieval synthesis, any couple who thought they were married probably were married.
The social and covenantal dimensions of marriage replaced the sacramental dimension as the hallmarks of the theology of the family in the Protestant Reformation, which Witte examines in its Lutheran and Calvinistic expressions. It was in this era that many of the trappings of the modern wedding, such as witnesses and church ceremonies, came into existence. The Anglican tradition encompassed the sacramental, social, and covenantal models in a commonwealth model that linked the common good of the couple, their children, the church, and the state in a model that became increasingly egalitarian and democratized, tracking political progress within the British commonwealth.
The ironic result of the development of marriage law and theology in the Christian West is that the move toward greater regulation and publicity in the Catholic, Reformation, and Anglican traditions was eventually largely overturned by the Enlightenment notions of contract and rights. Marriage came to be conceived largely as a private and completely voluntary contract--a bargain struck seemingly at arm's length by parties seeking the most intimate of associations. The Enlightenment model is, in essence, the model that is our legacy in the present day. It is this journey from sacrament to contract that characterizes marriage in the West and has led us to where we are today in the law and lore of marriage and family. Witte's work is a remarkable chronicle of the social practices, legal doctrines, and theological foundations encountered along the way.
Marriage is one of the few personal contracts in which your state dictates the terms -- unless you create your own customized premarital agreement.
Combining Nolo's legal expertise and plain-English writing, Prenuptial Agreements makes a potentially touchy subject easy to deal with while explaining how to create a valid contract. The book covers:
tips on negotiating and communicating
Prenuptial Agreements provides worksheets as tear-outs and on CD-ROM, as well as clauses for preparing an agreement that suits your needs. The 2nd edition is updated with the latest laws of your state.
Customer Reviews:
great introduction and hands-on guide.......2007-04-07
In my opinion, everybody should have a prenup because the process of drafting one teaches couples how to talk about money - and invaluable asset in their marriage to come.
We used this book to plan our prenup before our marriage in 2005.
It gives you all the relevant information, helps you consider all the important points, and alerts you about differences across states etc.
We still used lawyers to bullet-proof the agreement, but knowing exactly what we wanted greatly cut down on fees. In fact, my lawyer commented that she rarely had such a well-prepared client and the draft of the agreement was the fairest she had seen in years.
limited usefulness.......2007-03-16
Because it is written in terms of "we will do this, etc." instead of "they will do this, etc." the book makes prenups more understandable but is less useful for someone who wants to do their own.
Prenuptial Agreements Are A Necessity And So Is This Book.......2007-01-26
As I am preparing to be wed for the second time in November 2007, it is necessary for me to execute a prenuptial agreement to protect my assets and the assets of my children. It would be irresponsible to marry without one. I have researched available information on the internet including a determination of the best book on this subject matter. I ordered this book from Amazon at the best price available and I was not disappointed. The book is informative and includes sample language and forms to prepare your own prenuptial agreement. I, however, will simply use the book as reference material so I can carry on an intelligent conversation with an attorney of my choosing. I would NEVER try to prepare and execute a prenuptial agreement on my own given the complexities, legal issues, and different circumstances of each person. If you are in my situation, order the book and learn from it. Then, seek out an attorney to prepare and execute the agreement to ensure it cannot be challenged. Although I have a distaste for attorneys, sometimes you just can't get along without them. Regards and I wish you all a long, loving and prosperous marriage.
Excellent review of prenups.......2006-12-22
If you are marrying late, with significant assets, or have children from a former marriage you wish to take care of, a pre-nuptial agreement may be for you.
The book is quite thorough in its description of the basics, and provides a sound foundation for drafting a prenup. However, if you are very wealthy with millions of dollars in assets, and you are concerned that your new spouse will thwart your wishes when you die, you really should do your homework with this book, then contact an attorney.
Recommended
Average customer rating:
- A "Hallmark" Historical Novel
- Very Good Romance , but drags a bit
- Cartoonish
- Maxwell's Best
- Suprisingly good.
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The Marriage Contract
Cathy Maxwell
Manufacturer: Avon
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Binding: Mass Market Paperback
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ASIN: 0380808331 |
Amazon.com
Setting: London and Scotland, 1815
Sensuality Rating: 7
Married by proxy to a man she's never laid eyes on, one who's rumored to be insane, at that, sensible Anne Burnett wonders what she's gotten herself into. When Anne arrives at her new home in the Scottish Highlands, she is greeted by a half-naked, blue-faced man wielding a knife. This, of course, is Anne's new husband, Aidan Black, the Earl of Thiebauld. Thiebauld is furious with his older sister's unwelcome meddling and is determined not to accept the bride so summarily dumped on him, no matter how appealing her direct manner, fine gray eyes, and womanly curves. But her husband didn't count on Anne's determination to finally have her own home, her own people, and her own place in the world. And he certainly didn't count on the gut-wrenching passion that flames out of control every time Anne comes near him. Maxwell's trademark humor, realistic dramatic scenes, and fast-paced storytelling is greatly in evidence in The Marriage Contract. Cathy Maxwell is definitely a rising star among romance authors. Keep an eye on her and enjoy! --Alison Trinkle
Book Description
He was a man exiled from society – handsome, unpredictable, and proud. Dark rumours surrounded his name. But Anne Burnett had signed a marriage contract binding her to Aiden Black, the Earl of Tiebauld. And although she'd never met him, she's determined to keep her word and make theirs a marriage in truth. Because a well–bred lady with little fortune to recommend her has no choice.
From the moment she arrived, Anne fell in love with Kelwin Castle and its roguishly handsome laird. By day, he instils a fierce loyalty in his people with his masterful ways...and by night, he tempts Anne to surrender her innocence to him. But while he is willing to offer his body, Aiden refuses to give Anne his heart...making her wonder what prevents him from truly claiming her as his wife.
Customer Reviews:
A "Hallmark" Historical Novel.......2006-10-09
You could feel the author was uncomfortable with the tame sexual scenes and stretching to include sexual language. The book was overall too "Hallmark" for my tastes and Anne, far too whinie about "do you love me", do you really love me"?
Not a bad book though, just not what I like to read. For a really juicy story, read Jackie Ivy's "Lady of the Knight", Sophia Johnson "Risk Everything", and Susan Carroll's "Dark Queen Trilogy, not particulary in that order, S. Carroll's books first.
Very Good Romance , but drags a bit.......2006-07-21
Anne Burnett, an orphan, decides that after two unsucessful seasons with no marriage proposals a marriage by proxy to Adian Black, Earl of Theibauld is her only option. Unbeknownst to Adian, his sister has married him off to the english miss, who travels to the Scottish Highlands to give her husband the news. There, Anne meets the so called mad-earl and falls in love with his castle and people and eventually with the earl himself. Adain tries everything to get Anne to leave, including giving her impossible tasks, all of which she conquers -including his heart.
This was a really good story, but I only can give it four stars because after Adain declared his love -too soon for me- the story drags a bit. It was also pretty annoying that Anne didn't believe that he loved her and kept asking him over and over. And I didn't care for the place where they actually made love for the first time, a bit embarrassing and degrading for Anne if you ask me (even though I know they didn't really have a choice). I also thought that Adain was a bit wimpy when he complained that he didn't like killing people (bad guys) -took the edge off his character. The whole 'rebellion' part was very interesting and wrapped up in a nice bow at the end. I was really surprised that Maxwell was able to prevent getting Adain implicated and hung without some far-fetched ending. Over all a well written and solid read.
Cartoonish.......2005-11-17
While not a necessarily bad book, I found this book to not be worth the time it took to read it. Cathy Maxwell writes a lot like Julie Garwood - often anachronistic, rather silly at times; Some of the conversations had me rolling my eyes in exasperation. Again, it's an ok book, I just like a historical romance that's more intelligently written.
Maxwell's Best.......2005-09-29
None of the other Maxwell stories compare to the story of Anne and Aiden.
The Beginning of this story reminds me a bit of "Seven Brides for Seven Brothers" with Anne finding Aiden's home in a state of such filth and disorder that she undertakes to set it to rights.
Aiden has similar ideas; he sets her to tough tasks in an attempt to cause her to leave, but is surprised to find she can handle it. He has to admit that she's capable and begins to fall for her.
Anne is an enjoyable heroine with a good attitude in a tough situation. When Aiden tries to make her leave she sticks to her guns and wins everyone over.
Aiden is also an enjoyable character who, although he is surprised and disgruntled over his sister's attempt to marry him off by proxy to Anne, his tender side always comes through. He is never cruel and is often compassionate and protective.
Once Anne and Aiden have it together in their personal lives the plot continues. They are dragged away by an interfering Englishman and Aiden's ingenious solution stayed with me for the longest time.
Definately a keeper.
Suprisingly good........2005-08-21
The arguments and attraction of the characters were intrigueing to read. Well done Maxwell/
Book Description
This ring-to-altar guide is a valentine to anyone who's dating, contemplating marriage, living with someone, or engaged.
Download Description
A family law expert describes how prenuptial agreements stimulate communication and compromise, and offers a wise and witty handbook for creating these agreements. Includes checklists to make sure there will be no court after the courtship, real-life profiles, specialized information for women, business partners, parents, and cohabitants, and more.
Customer Reviews:
great book.......2007-03-16
My son-in-law's lawyer produced a prenup that was almost word for word the same as this book. It helps on the process and the legalese.
A Gem More Valuable Than Your Engagement Ring.......2002-06-06
This is a gem of a book that helps you navigate financial discussions in a compassionate yet business-like manner. Arlene Dubin informs her readers WHY issues are important and shows them HOW to initiate discussions based upon common values and shared goals. After a couple finds they are on the same page, the dollars involved and technical know-how can be inserted into the dialogue.
I have practised as a Certified Financial Planner for 18 years, and send this book to clients and allied professionals. It is eminently readable, but does not dumb-down a subject that is important to anyone contemplating marriage.
Must reading for any man about to get married........2002-04-10
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I hesistate to write this because every woman that reads this will react emotionally and not logically to what I have to write. Ladies please think about what is important here. Do you want your marriage to last, or do you want to take all your husbands money? Be fair and think long-term.
Prenuptials provide stability, ensure longevity and communication, define expectations in marriage and contigency plans in the event of divorce with respect to finanical,and child custody issues.
Statistics show that nearly 60% of US marraiges end in divorce. Sensible laws created in the 1930's to protect non-working housewives have, in modern times, become out of date today, giving women an overwhelming advantage in divorce, without the stigma divorce created in the past. Marriage has become a win-win situation where the woman wins in a successful marraige and also wins in a divorce. This is the root cause of the high divorce rate. Pre-nuptials are contracts signed before marriage to ensure fairness for both parties in the event of divorce. They also enhance communication on critical issues that provide stability in marriage.
Fair: I personally think marraiges should last a lifetime. However, marriage is one thing that requires two people to make it last. Given that divorce is something that does happen, the most that can be done is to see that it is fair to both parties. A prenuptial, signed prior to marriage, ensures the agreement is fair to both people.
Longevity and Communication: What is the solution to make marraiges last? The answer is communication. Pre-nuptial agreements ensure communication on important topics takes place before marriage by forcing disclosure and discussion of financial and other matters, and defines how assets will be distributed in a divorce. Some women don't like pre-nuptials because it takes away the overwhelming financial advantage women have in marraiges without pre-nuptial agreements. Other women wisely see this sort of communication strengthens a marriage. If a relationship can't stand the scrutiny of a pre-nuptial, then it is bound the fail eventually.
Expectations: One cause of conflict in a marriage is violated expectations. Pre-nuptials define each person's expectations in advance. Most people, when they know what the other expects, can either meet that expectation, or else discuss it in advance if it can't be met, which makes it is easier to digest. Expectation can be the number of children or other issues.
Stability: It is common practice for husbands, good or bad, to be robbed financially by their wives in divorce. Many women fail to satisfy their husbands. For whatever reason the marriage fails, there is a huge finanical incentive for a woman to get divorced from a man with assets gained prior to the marraige. Pre-nuptials prevent women from gaining an unfair financial advantage over men. No woman deserves half a man's assets after a few months of marriage. This does happen today to men, and women too, without prenuptial agreements. Pre-nuptials also define clearly a man's responsibilites in the event of a divorce in advance of marraige.
Child Custody: Prenuptials are used to present child custody issues in advance of any divorce. This is an area where some women spitefully use their children to strike back at their former husbands. Children should not be chess pawns to manipulate and be hurtfull to a former spouse. Husbands are entitled to share child custody.
If you plan to get married, take the time to get to know your partner, discuss in detail you plans for the future, and prepare a pre-nuptial in advance to define your financial situation, goals, and expectations. Once written down, it is not something that can be argued about later. Things said years ago can be denied. There is no denying a signature and written documentation.
Once again, I feel that marraige should be entered into with an objective of making it last a lifetime. It is easy to bail out of a marriage. It happens often, you have to plan for the worst case. But if you communicate prior to marraige, and find disagreement, you can either choose to accept the agreement, or find someone else. Those who communicate their goals and expectations early have a higher chance of a successful marraige.
Great and Helpful Look at Misunderstood Topic.......2001-11-02
Arlene Dubin makes premarital agreements, and the reasons to have one, easy to understand for all readers. She takes a look at the objections many people have to a prenup and explains clearly why a prenup can be stabilizing to a marriage. The book is well-written and fun to read, too, mixing in real-world examples. It's always terrific when an author can take a topic seriously without being too serious. Ms. Dubin does it.
Take the Pain out of your Prenup.......2001-04-27
Excellent book that demystifies a touchy subject. Prenups aren't just for "The Donald", but we all could and should have one. Face it, if you are considering spending the rest of your life with someone, don't you owe it to yourself (and your intended) to face all of the facts BEFORE you say "I Do"???
Average customer rating:
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Hindu Women and Marriage Law: From Sacrament to Contract (Law in India)
Monmayee Basu
Manufacturer: Oxford University Press, USA
ProductGroup: Book
Binding: Hardcover
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ASIN: 0195645383 |
Book Description
This is an in-depth study of the problems faced by Hindu women in marriage from 1856 to 1956. Remedial legislative measures to solve these problems and their likely effects on the status of women in Hindu society are also discussed at length.
Book Description
This book explores the centrality of contract to debates over freedom and slavery in nineteenth-century America. It focuses on the contracts of wage labor and marriage, investigating the connections between abolition in the South and industrial capitalism in the North and linking labor relations to home life. Integrating the fields of gender and legal, intellectual and social history, it reveals how abolitionists, former slaves, feminists, laborers, lawmakers and others drew on contract to condemn chattel slavery and to measure the virtues of free society.
Customer Reviews:
Whose Work is Never Done.......2000-12-28
This excellent study of nineteenth-century American households brings Hannah Arendt's assessment of the home as a place of labor and violence clearly into view. Amy Dru Stanley looks at the spread of contractarianism into household relations and finds not improvement but rather a different basis for wringing effort from subordinates to enrich and comfort their masters. Defenders of the south's peculiar institution used similar arguments with regard to labor, comparing the "wage slaves" in the north to the real slaves of the south, always in favor of the latter. Stanley's assessment is more nuanced, valuing individual freedom while remaining sensitive to the grinding hardships this freedom brought with it. The heart of her argument is her close analysis of the relations of dependency between slaves and masters and husbands and their wives and children. While the movement to free slaves had widespread support among many social groups, the movement to free wives, like today's movement to free children, was seen very differently. Indeed, slave emancipators held out the prospect to freedmen of being kings in their own castles, of holding their wives and children in bondage to themselves just as their white masters held their slaves and the members of their own families, to encourage them to leave their masters following emancipation. Yet for the freedmen, the money to be kings in their castles was lacking, and freedwomen had to labor as long and hard in freedom as they had in bondage to keep their poor households going. As a result, many resisted playing their assigned parts in the freedmen's family romance. Meanwhile, their poor white sisters faced similar economic constraints. Free labor during the era governed by the "iron law of wages" condemned workers' families to penury and, in extreme cases, pushed wives and daughters into prostitution as their only alternative to destitution. Stanley's informative discussion of the personal cost of commodification of labor to individuals and their families provides many opportunities to consider other results of this process on human existence.
Book Description
"Whether this is your first marriage or you've been married before, a prenuptial agreement (also referred to as a premarital agreement) can help you build a stronger relationship. Through communication and documentation of each other's needs, your marriage can begin with a greater appreciation of the other's concerns and prevent future financial stresses. In fact, a premarital agreement can go hand-in-hand with a will and other estate planning measures to enable you and your spouse--not the government--to control your property. Write Your Own Prenuptial Agreement helps you understand this need and create your own premarital agreement to legally and financially protect you, your spouse and your children.
Understanding the good that a prenuptial agreement can do is the only the first step. This title takes the reader further by providing a CD-ROM, which contains a variety of forms to help you draft your own premarital agreement. Sample forms and step-by-step instructions ensure that you are completing the form that is right for you.
The Complete Prenuptial Agreement Kit makes writing your own premarital agreement inexpensive and hassle-free.
"
Book Description
In this remarkably original work of political philosophy, one of today's foremost feminist theorist challenges the way contemporary society functions by questioning the standard interpretation of an idea that is deeply embedded in American and British political thought: that our rights and freedoms derive from the social contract explicated by Locke, Hobbes, and Rousseau and interpreted in the United States by the Founding Fathers.
The author shows how we are told only half the story of the original contract that establishes modern patriarchy. The sexual contract is ignored and thus men's patriarchal right over women is also glossed over. No attention is paid to the problems that arise when women are excluded from the original contract but incorporated into the new contractual order.
One of the main targets of the book is those who try to turn contractarian theory to progressive use, and a major thesis of the book is that this is not possible. Thus those feminists who have looked to a more "proper" contract- one between genuinely equal partners, or one entered into without any coercion- are misleading themselves. In the author's words, "In contract theory universal freedom is always a hypothesis, a story, a political fiction. Contract always generates political right in the forms of domination and subordination." Thus the book is also aimed at mainstream political theorists, and socialist and other critics of contract theory.
The author offers a sweeping challenge to conventional understandings- of both left and right- of actual contracts in everyday life: the marriage contract, the employment contract, the prostitution contract, and the new surrogate mother contract. By bringing a feminist perspective to bear on the contradictions and paradoxes surrounding women and contract, and the relation between the sexes, she is able to shed new light on fundamental political problems of freedom and subordination.
Customer Reviews:
Not much else like it.......2002-10-08
This book is one of those singular works which takes up a kind of genealogy of the intellectual foundations of modern gender relations. Her critiques of the major Enlightenment political philosophers covers a lot of ground and does it well.
Implicit is a critique not just of the conservative and liberal tradition, but of the patriarchy contained within the Left as well. As usual, feminism provides some of the most sophisticated critique of Left organizational practice, not just in relation to women, but as a whole.
Obviously, one reviewer was looking for something a bit more right-wing. But her work her follows alongside her defense of ideas like a minimum income, which are not intended to 'make people work' (in a society where 'work' equals 'exploitation' and alienation, the struggle against the imposition of work is the struggle against inhuman conditions.)
Especially in relation to women, however, her position makes sense, since 'housework' is work, and work for capital at that, which goes unwaged. The struggle for a social wage is the struggle for recognition and against the imposition of the endless work which is capital's goal for women.
Some people may not like this book because they think that we have now found the best of all worlds, but the continued gendering of inequality, oppression and labor indicates that maybe its time for more fundamental transformations.
Sorry, Pateman's prose is horrible.......2002-08-29
Written in difficult prose, Pateman's message appears to give the impression that women are the victims of the original political theorists. However, I must say one thing: Why is this book still noteworthy? I've met Pateman on many occasions, and I think it's important to know about her other (strange) political views. For instance, she believes in the "minimum income," which means that someone will be paid regardless of whether they work or not (that's a great incentive to work--not!); she also appears to believe that women are suffering incredible discrimination in today's workplace, which does not appear to be true. I'm not sure why she's considered such a great theorist. Great theorists, in my views, revolutionize how we think about society and promote productive policies that create economic growth, prosperity, optimism. That is not the case here. Sorry!
Pateman is going after Loche, Hobbs, & the founding fathers!.......2002-05-13
Hmmm. She given herself quite a hill to climb, and as usual does what she sets out to. I'm not a big fan of Pateman's, but this is surely one of her most important works. Her ideas challenge some of Western culture's core beliefs about individual freedom & our relation to the government, but Pateman plots her course & writes something worth responding to.
A must-read, non-political and sensible exploration..........1999-07-09
This book was assigned as part of a college course on Gender and Race in American Political Thought. This was the first such book I'd read that didn't rely on political cliches to make it's point. Pateman offers a sensible and attainable solution and offers a look at gender relations that isn't steeped in anger, but maintains an urgency. It's a must-read for anyone who thinks they know the answers. My hat is off to Pateman.
Average customer rating:
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Ketubbot: Marriage Contracts from the Jewish Museum
Jewish Museum (New York City)
Manufacturer: Pomegranate Communications
ProductGroup: Book
Binding: Hardcover
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Ketubbah: The Art of the Jewish Marriage Contract
ASIN: 0764906186 |
Book Description
Marriage is one of the most important mitzvot (commandments) in Judaism, and the Scriptures are replete with verses encouraging the union of man and woman. One of the essential elements of a Jewish wedding ceremony is the writing and transfer of a contract, or ketubbah (plural ketubbot).
Originally formulated to protect a woman's rights in marriage, the ketubbah established the financial obligations of the groom toward his bride in cases of divorce or death.
This hardcover book presents forty ketubbot dating from 1614 to 1989. Originating in Italy, Persia, the Ottoman Empire, the Sephardi communities of Germany and Holland, and the United States, and drawing upon the collection of The Jewish Museum in New York City, these intricately illuminated marriage contracts are unique historical documents as well as beautiful works of art.
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