Academic

Brooks on Polygamy

By Lawrence Solum

Thom Brooks (Newcastle University - Newcastle Law School) has posted The Problem with Polygamy on SSRN.  Here is the abstract:

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.

And from the paper:

Polyamory may have several advantages over polygamy. For example, polygamy engenders an asymmetrical power relationship between a man and his wives: he may divorce any or all his wives, but his wives are free only to divorce him and unable to divorce other wives. A polyamorous relationship offers more equal opportunities for divorce than polygamy as all have an equal voice in how the relationship develops. Furthermore, only polyamorous relationships offer more equal opportunities for marriage as only polyamory is inclusive of non-heterosexuals. In fact, a polyamorous relationship may consist only of non- heterosexuals. If our concern is with symmetrical power relationships where all parties freely consent, then polyamory may appear to be more acceptable than polygamy.29

The promise of polyamory may be found in its greater inclusiveness, permitting both heterosexuals and non-heterosexuals opportunities to form relationships with multiple partners. However, the primary problem with polyamory is not unlike what we have seen with polygamy. Virtually all polygamous marriages are polygynous in fact. There is no evidence that polyamorous relationships are less likely to lead to polygyny similarly.30 Thus, polyamory remains problematic for much the same reasons that the current practice of polygamy is problematic. Polyamory is not a clearly preferable alternative to polygamy.

A compact and illuminating paper. Highly recommended.

Full post as published by Legal Theory Blog on January 29, 2009 (boomark / email).