Many anthropologists have attempted to give a universal definition of m’age but non satisfactorily encompass all its forms & manifestations in a single definition b/c though its universal it has different implications for different societies.
Universal definition of m’age has been matter of substantial debate in Ⓐ due to it’s unique implications & variance from one society to other.
Primary Disagreement exists due to 2 school of though
- Marriage is union of man & Woman
- Marriage is legitimacy
Legitimacy School – In it definition is centred around principle of legitimacy. Predominant thinker r
- Westermark – He defined marriage as institution where man marry one or more woman & child born as well as partners have rights, duties & obligations to follow.
- Radcliffe Brown – He defined marriage as relationship not prohibited by society
- Malinowski – Legitimate marriage is one which provides woman a socially recognised husband and her children a socially recognised father.
Criticism –
- Principle of union of man & woman is not considered.
- Further, different types of marriages exists like
- Woman-woman marriage : Nuers in Africa.
- Concubinage (Live-in): Jamaican Negros
- Pre-marital relationships in youth dormitories – Maria Gond, Masai
- Little Husband – Irawas (kerala)
Hence, it need not be only between man & woman.
Union of man & Woman School
- Proposed by Seligman – who defined it in “6th edition of Notes & queries (1951)” as Union of a man and a woman such that the children born to the woman are recognised as legitimate offspring of both the parents.”
criticised – by Prince peter, Edmond Leach.
- polyandrous & polygamous m’age were not considered; & points from above
- Edmond Leach – union word doesn’t exemplify m’age correctly b/c don’t lose identity even after m’age
- Doesn’t take into a/c plural m’age
- Male – Male M’age among Chyne Indians , where one 옷 have 2 wives – male & transvestite male
- Ghost m’age in Africa
- considering complexity, only functions of marriage be specified as
- Satisfaction of bio-physical needs
- Economic со-ор
- obligation towards children.
- Doesn’t take into a/c plural m’age
- Prince Peter– based on study of polyandrous/ marriages in Tibet, Nilgiri hills & he said it should be defined by considering role performance by couple & rights & obligation attached to them
Modern School
- Adopted by Anthropologist like Kathleen Gough, Iravati Karve post study of society like Nayars of Kerala where, Sambandham, Talikattu kalyanam’ exist.
- Gough defines mariage as “relationship b/w woman and one or more person such that child born out of such situation is not prohibited from being accepted & been allotted rights as available to normal members of society.
Exception
- Homosexual marriages like in Azande (Sudan, Africa)
- Doesn’t cover concubinage in feudal china where full birth rights are given to children born out of it
- Practice of exhibiting compulsory sexual r/l on trial basis in Masai tribe
- Male – Male m’age of modern times
- Live in r/l
- Cattle m’age of Bantu people
However, today due to lack of universal definition it is primarily enforced on it’s functions and characteristics.
Current Relevances
- Recently supreme Court acknowledged. “Live-in Relationships‘, in Naz foundation Case ‘Transgender rights‘ were acknowledged.
- Also, new types of marriages like gay marriages & contract marriages are being popularised.
Conclusion – Thus it becomes crucial to study discipline with cultural Relativism and Emic approach
