Showing posts with label contract. Show all posts
Showing posts with label contract. Show all posts

Thursday, November 19, 2015

Till Death Do Us Part ... or until the contract expires?

A student who graduated more than a year ago knocked on my office door, came in for a chat, and sat down for a whole lot of talk.  Any time any such student comes by, well, it means that I know quite a bit of their stories.  I asked him about his sister and parents, whom I have never met though.  His parents are divorced, he said.

"Are you doing ok?" I asked him and told him about the research on adult children of parents getting divorced finding it more difficult to handle than the young kids who relatively easily adapt to the change.

"Mine was a twenty-year story" I said.  And then told  him about my parents who, if things go well, will celebrate sixty years of married life in slightly more than a year.  In their case, it will be "till death do us part."

But, being married to another till death was an idea that dates back to the times when the average life expectancy at birth was barely thirty-five.  Life, especially the number of years we live, has changed dramatically in a mere two hundred years.  In those old times, if people married at puberty and died in their mid-thirties, well, that is a twenty-year period.  Hmmm.... wait, twenty echoed in my life too!

What if we are operating with a model that is no longer applicable?
Our current contract – ‘until death’ – might have worked when people didn’t live all that long (according to the American sociologist and author Stephanie Coontz, the average marriage in colonial times lasted under 12 years); or when many women died in childbirth, freeing men to marry multiple times (which they did); and when men of means needed women to cook, clean and caretake, and women needed men for financial security.
One grandmother was married to her husband for less than four years--a tragic event killed grandfather.  The other grandmother was married for many more years than four--when grandfather died of a heart attack, they had been married for thirty years.  In both cases, it was "death do us part."  Of course, as traditions mandated, the grandmothers lived as widows for the rest of their lives.  Had the grandmother died after four years of being married, grandfather would have re-married, of course; but, that's a different topic for another day.

At the recent conference, a wonderful, older, colleague sounded a tad agitated over how his son's fairy-tale marriage ended even before the first anniversary--a divorce, not death, parted the couple.  We live in a different world now.
In a recent survey, many Millennials indicated that they’d be open to a ‘beta marriage’, in which couples would commit to each other for a certain number of years – two years seemed to be the ‘right’ amount – after which they could renew, renegotiate or split, as Jessica Bennett wrote in Time magazine last year. While it wasn’t a scientific survey, it points to a willingness to see marriage as something other than ‘until death’, which, in fact, it is not. In 2013, 40 per cent of newlyweds had been married at least once before, according to the US think tank the Pew Research Center. Since 10 per cent of first marriages don’t even make it past five years, a renewable marriage contract makes more sense than ever.
Marriage as a renewable contract makes rational sense.
In 1971, the Maryland legislator Lena King Lee proposed a Marriage-Contractual Renewal Bill so couples could annul or renew their marriage every three years. In 2007, a German legislator proposed a seven-year contract; in 2010, a women’s group in the Philippines proposed a 10-year marital contract; and in 2011, Mexico City legislators suggested a reform to the civil code that would allow couples to decide on the length of their marital commitment, with a minimum of two years.
But, imagine the logistical hassles of contract renewals.  Common property, kids, tangible and intangible investment into making the contract work, ... nightmares for most of us, but pleasant wet-dreams for attorneys who will think of billable hours!

At some point, we might have to admit to the outdated and pointless "till death do us part" notion and work on a major overhaul.

Wednesday, February 27, 2013

Getting the state out of the marriage business


When my parents got married--way back, and in India--there was no concept of marriage license, or registering the relationship with the state.  It was a family and a community affair.  The publicly celebrated event, conducted literally in the middle of the street, as was the practice in villages and small towns across India, made sure that everybody in the community knew who was getting married and to whom.  That was it.  It did not involve the state.

The state really has no business whatsoever in being an authority to bless a marriage.  How did the state ever end up in such a powerful position?  I suppose it is all because of taxes.  For whatever reason, when it comes to income taxes, married people are treated differently from unmarried ones.  Children also become "tax write-offs" so to speak.  Which means that the tax collector has to certify these relationships and, presto, the state becomes the marriage license broker.  From taxes, it slowly spread to all other benefits that married people get from the state or employers.

But, the role of the state is to merely ensure that contracts are implemented and not violated. 

Friday, September 05, 2008

More pay and less security for teachers. Go for it.

I suspect that the generational dynamics that Paul Tough refers to in the K-12 system might apply to higher education too. Tough blogs that:
One striking phenomenon revealed by the Denver negotiations was a generational split among teachers. Younger teachers were generally in favor the deal being offered, and older teachers tended to oppose it. (Some veteran teachers told the Denver Post that they felt "dissed.")
A similar generational divide has appeared in
D.C., where, as the Washington Post reported last month ...
The split in the teaching corps largely, but not exclusively, is occurring
along generational lines, with younger teachers more willing to accept the risks
and older ones often questioning the proposal.
The Post story mentioned an anonymous young teacher-blogger, "
D.C. Teacher Chic," who is a fan of Chancellor Rhee and is decidedly in favor of her new deal (under which teachers could choose a "green plan" that would trade tenure for a higher salary or a more traditional "red plan"). Her blog—often funny, usually outraged—offers a great insight into the mind of a teacher on the young side of this growing generational divide.
At the beginning of August, when it seemed that George Parker, the president of the D.C. teachers union local, was going to turn down Rhee's offer, D.C. Teacher Chic
blew a gasket:
I am going to cry. Seriously. And then I am going to start looking for another
school system.I cannot believe George Parker is supporting scraping this entire
contract and going for a more "traditional agreement." Clearly, not only does he
not represent me, but he is also taking money right out of my pocket!I
understand that shitty teachers who have been working in the system since 1952
don't want to give up tenure. Fine. I get it. So choose the red plan! I don't
understand opposing the entire proposal, unless you just haven't read it.