Akerlof-Yellin Explanation In a world without abortion or contraception,sex and babies are joint products So most women insisted on marriage or engagement as a condition of sex And could get that deal because most men had no good alternative source of sex With reliable contraception and legal abortion,the link is broken Women who don't want babies but want sex can offer it without the condition And their competition means some women who want both can't get it So end up having babies and rearing them without a man to help This assumes that,on traditional terms,men are relatively more interested in marriage for sex,women in marriage for babies This is the opposite of the predicted effect of the change Out-of-wedlock children were assumed to be unwanted children:Accidents Cause People With reliable contraception and abortion available there wouldn't be any Apparently they weren't unwanted
Akerlof-Yellin Explanation • In a world without abortion or contraception, sex and babies are joint products • So most women insisted on marriage or engagement as a condition of sex • And could get that deal because most men had no good alternative source of sex • With reliable contraception and legal abortion, the link is broken • Women who don’t want babies but want sex can offer it without the condition • And their competition means some women who want both can’t get it • So end up having babies and rearing them without a man to help • This assumes that, on traditional terms, men are relatively more interested in marriage for sex, women in marriage for babies • This is the opposite of the predicted effect of the change • Out-of-wedlock children were assumed to be unwanted children: Accidents Cause People • With reliable contraception and abortion available there wouldn’t be any • Apparently they weren’t unwanted
Explaining Sex Law Against adultery:Contract enforcement Especially against female adultery-the double standard Men don't get pregnant,and men want to rear their own children Male adultery can divert resources away from the wife For both,a link between sexual exclusiveness and emotional commitment 。Against fornication Akerlof-Yellin argument:Women who want to get married don't want competition If marriage produces better children,and fornication undermines marriage That's an argument for discouraging fornication
Explaining Sex Law • Against adultery: Contract enforcement • Especially against female adultery—the double standard • Men don’t get pregnant, and men want to rear their own children • Male adultery can divert resources away from the wife • For both, a link between sexual exclusiveness and emotional commitment • Against fornication • Akerlof-Yellin argument: Women who want to get married don’t want competition • If marriage produces better children, and fornication undermines marriage • That’s an argument for discouraging fornication
Rings and Promises:Margaret Brinig Traditional pattern included sex before marriage but with commitment That raises the risk of seduce and abandon In Anglo-American law,breach of promise was actionable In effect damages for loss of virginity,which was valuable on the marriage market ·Why? Starting about 1935,U.S.courts increasingly abandoned the action Which is why women started requiring valuable engagement rings Think of it as a performance bond-if he jilts her she keeps the ring
Rings and Promises: Margaret Brinig • Traditional pattern included sex before marriage but with commitment • That raises the risk of seduce and abandon • In Anglo-American law, breach of promise was actionable • In effect damages for loss of virginity, which was valuable on the marriage market • Why? • Starting about 1935, U.S. courts increasingly abandoned the action • Which is why women started requiring valuable engagement rings • Think of it as a performance bond–if he jilts her she keeps the ring
Seduction Law:Old and Older Fathers want to control who their daughters'marry In Anglo-American common law,one way of doing it Was an action against a seducer by the father On the grounds that he was deprived of the services of a servant My explanation:"Seduction"often meant evasion of parental control If Bill gets me pregnant my father will have to let us get married So the father wants a legal action he can control,not one his daughter can control The same issue shows up in traditional Jewish law Under religious law,a woman was adult and could choose her husband at 12 Communal authorities tried to find ways of adding additional requirements Getting around the religious law rules in various ways Pretty clearly for the same reason
Seduction Law: Old and Older • Fathers want to control who their daughters’ marry • In Anglo-American common law, one way of doing it • Was an action against a seducer by the father • On the grounds that he was deprived of the services of a servant • My explanation: “Seduction” often meant evasion of parental control • If Bill gets me pregnant my father will have to let us get married • So the father wants a legal action he can control, not one his daughter can control • The same issue shows up in traditional Jewish law • Under religious law, a woman was adult and could choose her husband at 12 ½ • Communal authorities tried to find ways of adding additional requirements • Getting around the religious law rules in various ways • Pretty clearly for the same reason