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Here you will find information about legal issues surrounding polygamy. This is largely a more concentrated version of the academic section of this site, with a purely legal focus.

This includes bibliographic details of legal research material, as well as coverage of trials, and links to information on the US legal system.

 
See Below for Links and Reference Material

Recommended Reading

Chapman S A, Polygamy, Bigamy and Human Rights Law (2001) Xlibris.com - This book concentrates on the development of the English criminal and civil law related to plural marriage, and the consequences of the Human Rights Act for polygamists in the United Kingdom, especially in the light of developing social conditions. Includes the text of relevant legislation such as the Bigamy Act of King James. To celebrate our 10th year on the web you can download a free PDF of Polygamy, Bigamy and Human Rights Law Buy direct from the publishers.

Forbes S, "Why Just Have One?": An Evaluation of the Anti-Polygamy Laws under the Establishment Clause (2003) 39(5) Houston Law Review 1517

Ryerson B, “Religious Freedom, Polygamy and the Law” - Good review of some US law, available online

Polygamy On Trial - the Case of Tom Green

Polygamy legally recognised in South Africa

State Statutes Affecting Polygamy

Site including relevant Utah Laws

Mormon History, Polygamy and the Law Iinformation on the current legal status of polygamy in the US.

http://indegayforum.org/articles/corvino59.html (some of the opposition to using "gay rights" to argue for "poly rights")

http://indegayforum.org/articles/boaz2.html (an interesting suggestion that marriage should be privatised)

 

Polygamy Reference Material

Andrews J A, “A Licence for Bigamy?”; [1963] Crim. L.R. 261 - Commentary on English court decisions

Badawi JA, Polygamy in Islamic Law (undated); American Trust Publications - Pamphlet in Islamic views

Bartholomew G, “Polygamous Marriages and English Criminal Law”; (1954) 17 MLR 344 - Commentary on English court decisions

Bradley M S, Kidnapped from that Land: The Government Raids on the Short Creek Polygamists (1993) Salt Lake City: University of Utah Press

Burke J, “Muslim fights to make three wives legal”; The Observer newspaper, London; 20 February 2000, available online

Chambers D L, “Polygamy and Same Sex Marriage”; Hofstra Law Review, 26(1) available online

Chapman S A, Polygamy, Bigamy and Human Rights Law (2001) Xlibris.com

Click the picture for a

 FREE PDF

or

Buy direct from the publishers.

This book concentrates on the development of the English criminal and civil law related to plural marriage, and the consequences of the Human Rights Act for polygamists in the United Kingdom, especially in the light of developing social conditions. Includes the text of relevant legislation such as the Bigamy Act of King James.

Cox D T, The Law as a Mediator of Identity Conflicts; unpublished; formerly available online; any new address would be appreciated.

Forbes S, "Why Just Have One?": An Evaluation of the Anti-Polygamy Laws under the Establishment Clause (2003) 39(5) Houston Law Review 1517

Hall J C, “Common Law Marriage”; (1987) 46(1) Cambridge Law Journal 106 - Comments on English Law related to Common Law Marriage

Harmer-Dionne E, “Once a peculiar people: Cognitive dissonance and the suppression of Mormon polygamy as a case study negating the belief-action distinction.” (1998) 50 Stanford Law Review 1193 - Argues against the belief-action distinction to show that US Supreme Court decisions interfered not only with actions but led to a change in religious belief

Hart H L A, Law, Liberty and Morality (1963) London: Oxford University Press - Comments on English law

Hartley T C, “Polygamy and Social Policy” (1969) 32 MLR 155 - Comments on English law

Hartley T C, “The Policy Basis of the English Conflict of Laws of Marriage.” (1972) 35 MLR 571 - Commentary on English court decisions

Law Commission, Family Law Report on Polygamous Marriages (1971) No. 42: HMSO - Comments on English law - out-of-date

Law Commission & Scottish Law Commission, Private International Law. Polygamous Marriages. Capacity to contract a polygamous marriage and related issues (1985) (Law Com. No. 146) (Scot. Law Com. No. 96): HMSO - Comments on English law - out-of-date

Leslie R D, “Polygamous Marriages and Bigamy”; (1972) 17 Juridicial Review 113- Comments on English law

Lucas P, “Common Law Marriage”; (1990) 49(1) Cambridge Law Journal 117 - Comments on English law

Malik Zubeida, “Polygamy law set for challenge”; BBC News Online; 18 June 2000; available online

Morse C G J, “Polygamists and the Crime of Bigamy”; (1976) 25 ICLQ 229 - Comments on English law

Parker S, Informal Marriage, Cohabitation and the Law, 1750-1989 (1990) London; Macmillan - Comments on English law

Pearl D, A textbook on Muslim Law (1979) London: Croon Holn - Law in various Islamic countries - some comments may now be out-of date

Pearl D, Family Law and the immigrant communities (1986) Bristol: Family Law - Comments on English law

Polonksy M, “Polygamous Marriage: A Bigamist’s Charter?”; [1971] Crim. L.R. 401 - Comments on English law

Potter R, I Wed Three Wives: The polygamy story of Royston Potter (1996) Utah; Pioneer Press - experiences of a Utah police officer discovered to be a polygamist

Poulter S, “Hyde v. Hyde – A reappraisal”; (1976) 25 ICLQ 475 - Comments on English law

Poulter S, English Law and Ethnic Minority Customs (1986) London: Butterworths - Comments on English law

Poulter S, “Ethnic Minority Customs, English Law and Human Rights”; (1987) 36 ICLQ 589 - Comments on English law

Poulter S, “African Customs in an English Setting”; Journal of African Law; 31 [1988] 207 - Comments on English law

Poulter S, “A Separate System of Personal Law for British Muslims?” in Mallat, C and Connors, J (eds.) Islamic Family Law (1990) London: Graham and Trotman - Comments on English law

Poulter S, Ethnicity, Law and Human Rights: The English Experience (1998) Oxford: Clarendon - Comments on English law

Ryerson B, “Religious Freedom, Polygamy and the Law” - Good review of some US law, available online

Soothill K, Ackerley E, Sanderson B & Peelo M, “The place of bigamy in the pantheon of crime?” Med. Sci. Law (1999) 39 (1) 65 - Lancaster University academics arguing that the profile of bigamy offenders and the treatment of the courts show that Bigamy, if it is to continue as a crime, should be classified in England as a deception offence, and not as a sexual offence, as it is currently for statistical purposes.

Williams G, “Language and the Law” (1945) 61 LQR 71 at 76-8 - Comments on English law

Williams G, “Bigamy and the Third Marriage”; (1950) 13 MLR 417 - Comments on English law

Williams G, “Venue and the ambit of Criminal Law”; (1965) 81 LQR 395 at 402-4 - Comments on English law


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