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- Title
The racialising effects of non-marriage in English Law: A critical postcolonial analysis.
- Authors
Naqvi, Zainab Batul
- Abstract
In this article I argue that the judicial concept of non-marriage racialises and orientalises minoritised communities and their marriages. Applying a critical postcolonial lens, I show how the development of non-marriage has been influenced by colonial racialising attitudes towards marriage. This has led to its application in racist and orientalist ways to demean and other minoritised marriage practices. My analysis of the case law exposes three patterns in the judicial discourse in this area. First, that the courts emphasise "English (Christian) marriage" and its supposed hallmarks when deciding if a ceremony is non-existent; second that judgments foreground the technical, formal aspects of the law obscuring the use of personal judicial opinions which are orientalist. Finally, the application of this concept to playacting, sham and forced marriages at the same time as legitimate minoritised marriage practices is demeaning and insulting to the already marginalised communities that practise them.
- Subjects
ENGLISH law; MARRIAGE law; DOMESTIC relations; FORCED marriage; ASIANISTS
- Publication
International Journal of Law in Context, 2023, Vol 19, Issue 4, p578
- ISSN
1744-5523
- Publication type
Article
- DOI
10.1017/S1744552323000265