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sociology -1 for ba llb 2nd semester, Study notes of Sociology of Law

family- joint family,kinship,descents, profane, rites and rituals communal ism , fundamentalism, secularism

Typology: Study notes

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Family
Introduction
The family is an intimate domestic group made up of people related to
one another by bonds of blood sexual mating or legal ties. It is the
smallest and most basic social unit which is also the most important
primary group found in any society. It is a social group consisting of a
father mother and one or more children. It is the most immediate
group a child is exposed to. It is the most enduring group which has
tremendous influence on the life of an individual from birth until death.
It also accounts for the most enduring social relationship found in
society. Family has been defined by different social scientists.
Meaning of family – the word family has been taken over from the
roman word famulus which means a servant. In Roman law the word
denotes the group of producers and slaves and other servants as well
as members connected by common descent or marriage.
Definition
MacIver – family is a group of person defined by a sex relationship
sufficiently precise and enduring to provide for the procreation and
upbringing of children.
Burgess and Locke - Family is a group of persons united by ties of
marriage, blood or adoption constituting a single household interacting
and inter-communicating with each other in their respective social
roles of husband and wife, father and mother, son and daughter,
brother and sister, creating a common culture.
Characteristics of family –
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Family

Introduction The family is an intimate domestic group made up of people related to one another by bonds of blood sexual mating or legal ties. It is the smallest and most basic social unit which is also the most important primary group found in any society. It is a social group consisting of a father mother and one or more children. It is the most immediate group a child is exposed to. It is the most enduring group which has tremendous influence on the life of an individual from birth until death. It also accounts for the most enduring social relationship found in society. Family has been defined by different social scientists. Meaning of family – the word family has been taken over from the roman word famulus which means a servant. In Roman law the word denotes the group of producers and slaves and other servants as well as members connected by common descent or marriage. Definition MacIver – family is a group of person defined by a sex relationship sufficiently precise and enduring to provide for the procreation and upbringing of children. Burgess and Locke - Family is a group of persons united by ties of marriage, blood or adoption constituting a single household interacting and inter-communicating with each other in their respective social roles of husband and wife, father and mother, son and daughter, brother and sister, creating a common culture.

Characteristics of family –

1. A mating relationship - A mating relationship is an important pre- condition for the establishment of family. When sex relationship is established between male and female at that moment family is formed. This sex relationship of family is known as mating relationship. Forms of mating relationship must exist between man and woman. When this mating relationship comes to an end family breaks down.

  1. A form of Marriage - A form of marriage is another important characteristic of family. Because the mating relationship established through some form of marriage. This form of marriage may be simple or complex or may be monogamy, polygamy or group marriage or any other form. Every family follow a particular form of marriage.
  2. A system of Nomenclature - Each and every family identifies itself by a name. It also has a system of name giving. The new member’s of the family take the name of the family in which he identify himself. Different family have different ways of reckoning descent. The descent may be known through father, mother or both. Accordingly the descent is known as patrilineal, Matrilineal or bilineal.
  3. An economic provision: Each and every family must have an economic provision to satisfy different economic needs of its members. Usually it is the duty of the head of the family to carry on certain profession to earn money and thereby fulfil the economic need of its members.
  4. A common habitation – a family requires a home or house hold for its living. Without dwelling place the task of child bearing and child rearing cannot be adequately performed.

Nature of family

  1. Universality – family is found in each stage of society and everywhere. There is no society without family. There is not a single man who does not belong to one or other kind of family.

a. The patriarchal family - The patriarchal family is also known as father centered or father dominated family. The father is the head of the family and exercises authority. He is the administrator of the family property. The descent inheritance and succession are recognized through the male line. Patriarchal families are patrilineal in character because the descent is traced through the male line. Only the male children inherit the property. Patriarchal family is patrilocal in residence. Sons continue to live with the father in his own house even after their marriages. Only the wives come and join them. Women have secondary position in these families. Children are brought up in their father's family. b. Matriarchal Family - The matriarchal family known as mother centered or mother dominated family. The mother or the woman is the head of the family. She exercises authority and manages the property. The descent is traced through the mother hence it is matrilineal in descent. Daughters inherit the property of the mother. The status of the children is decided by the status of the mother. Matriarchal family is matrilocal in residence. After the marriage the wife stays back in her mother's home. The husband pays occasional visits to the wife's home. In theory mother exercises authority and power in the matriarchal family. She is the head of the family and her decisions are final. But in practice some relatives of the family, her brother exercises authority in the family. The maternal family brings together the kinsmen and welds them in a powerful group.

  1. On the basis of structure –

a. Nuclear Family - A nuclear family is a small group consisting of a husband, a wife and children, natural or adopted. It is more or less an autonomous unit that is not under the control of adults or elders of the family. It consists of two generations only. In all modern societies nuclear family is the most common type of family. In fact nuclear family is both the consequence as well as the cause of the disintegration of joint family. b. Joint Family - A joint family consists of three generation, living together under the same roof, sharing the same kitchen and purse or economic expenses. It is a family consisting of three nuclear families living together. A joint family is a group of people who generally live under the same roof who eat food cooked at one hearth who hold property in common and who participate in common family worship and are related to each other as some particular type of kindred.

  1. On the basis of residence – a. Matrilocal family – in this type of family the husband goes to live in the house of his wife. b. Patrilocal family – in this kind of family the wife goes and live in the house of her husband.
  2. On the basis of marriage – a. Monogamous family - Monogamous is based on marriage between one male and one female. It is the only legal form of marriage and we may take it for granted as the standard mating system. In other cultures, it is quite common to have multiple wives or husbands. Monogamy is also a rather historically recent development as well. Ancient Greek philosopher Aristotle had recommended

c. Polyandrous family – one woman marries many men and lives with all of them or with each of them alternately.

  1. On the basis of ancestry – a. Matrilineal family - The ancestry of such family is traced through mother or female line. The female members alone enjoy all the rights of property and of inheritance. b. Patrilineal family - The family in which the descent is traced through the father or the ancestry is determined on the basis of male line or the father.
  2. On the basis of blood relation – a. Conjugal family – a conjugal family consists of spouses their offspring and relatives through marriage. b. Consanguineous family – a consanguineous family consist of blood relatives together with their mates and children. Functions of family
  3. Family is a unit through which procreation takes place. Marriage sanctions sexual relationships and it also establishes a family which is further reinforced with the birth of children.
  4. The process of reproduction is institutionalized, regulated and controlled in a family. The family legitimizes the act of reproduction.
  5. Family helps in propagation of human species and perpetuation of human race.
  6. Family provides an individual with an identity.
  7. It is through the family that every family name is carried on from one generation to another.
  1. Family is responsible for the production and upbringing of children.
  2. Family is an important agent of socialization. The primary socialization of any individual takes place within the family. The immediate family members teach all the basic rules and norms of social life to a child.
  3. Family is also an important agent of cultural transmission. Culture is transmitted from one generation to another through family. All the aspects of culture are learnt within the family structure.
  4. Family is a great source of strength, emotional and psychological for its members. All the members are aware that they can depend upon their family in the times of need.
  5. Family provides an individual with a home and establishes enduring social relationships.
  6. The family is the basis of division of labour where all members have their duties and obligations towards each other.
  7. Family is traditionally responsible for the education of the children.

Distinction of joint family and nuclear family

A typical nuclear family consists of a husband, a wife, a couple of children. The numbers of members are very few in a nuclear family. In a joint family system the number of dependents living under the roof is much larger. Those living with a joint family may include in addition to the above grandparents, married brothers, and sisters, wives of sons, grandsons, granddaughters, other dependents and relatives. The responsibility of a nuclear family rests on the couple. The joint-family system lays down a responsibility on the head of the family. The elder train the younger ones for a different occupation

cannot compete in quality or price with those produced in factories with the result that the village industries suffer a loss and after some time close down. With the closing down of the village industry the workers in villages also are compelled to go to the city to find a job there.

  1. Impacts of the west - Due to the impact of the west, the living and thinking of the Indians have been changed. British rule in India presented before the Indians the western type of small family based on freedom, equality and love between man and woman. The members who lived in the joint family became conscious of the positive aspects of the single family system.
  2. Modern Education - Modern education changes the attitude of people and enables them to get into jobs. After getting jobs they settle down in their place of work and made the family of procreation there. As a result their joint family in village breaks down. Marriage Marriage is the most important institution of human society. It is a universal phenomenon. It has been the backbone of human civilisation. Human beings have certain urges like hungers thirst and sex. Society works out certain rules and regulation for satisfaction of these urges. The rules and regulations which deal with regulation of sex life of human beings are dealt in the marriage institution. We can say that the Marriage is as old as the institution of family. Both these institutions are vital for the society. Family depends upon the Marriage. Marriage regulates sex life of human beings. Marriage creates new social relationships and reciprocal rights between the spouses. It establishes the rights and the status of the children when they are born. Each society recognises certain procedures for

creating such relationship and rights. The society prescribes rules for prohibitions preferences and prescriptions in deciding marriage. It is this institution through which a man sustains the continuity of his race and attains satisfaction in a socially recognised manner.

Definition

H.M. Johnson - Marriage is a stable relationship in which a man and a woman are socially permitted without loss of standing in community to have children. Forms of marriage

  1. One wife, many husband – it is also called polyandry. It is a type of marriage in which a woman can have several husbands or two or more husbands simultaneously. It is very rare form of marriage. The Todas (South India) and Khasa (North India) are the famous examples of polyandry.
  2. One husband, many wives –it is also known as polygyny. It refers to plurality of wives or having more than one wife at the same time. In many societies having several wives is a mark of prestige, distinction and status. It is very common among Muslims.
  3. One man and one wife –it is also known as monogamy. It is a form of marriage in which one man is married to one woman at a time. It allows one wife to have one husband till death and only divorce separates them apart.
  4. Companionate marriage – this is the marriage of two persons on the understanding that as long as there are no children the marriage may be dissolve simply by mutual consent.
  1. Pravar exogamy – marriage between persons belonging to the same pravar is also forbidden among the hindus especially Brahmins. pravar is a kind of religious and spiritual bond.
  2. Village exogamy – among many Indian tribes there is the practice to marry outside the village.
  3. Panda exogamy – in hindu society marriage within the panda is prohibited. Panda means common parentage.

Causes of exogamy

The most important cause of exogamy is the absence of the erotic feeling or the presence of sexual indifference between near related persons. Incest taboos exist because they are essential to and form part of the family structure. In the absence of incest taboos, the different statuses and relationships in the family would become confused and thereby the organisational and functional efficiency of the family would be lost. Prohibition of incest is absolutely indispensable to the existence of family as a part of social organisation and that is why taboos on incest are everywhere imposed. It is not an act of passion but one of duty an obligation to the group. Emile Durkheim suggested that the origin of exogamy is religious. In his argument regarding the taboo against incest Durkheim stated that its root laid the law of exogamy which is defined as prohibition to marry inside the same clan where a clan is defined by people who have the same totem. Endogamy Endogamy is the practice of marrying within a specific social group, caste or ethnic group rejecting those from others as unsuitable for marriage or other close personal relationships. Endogamy is common in many cultures and ethnic groups. In India a Brahmin can

marry only a Brahmin and not only that he can marry only a Brahmin of his own sub caste. In India endogamy is mostly obligatory. Endogamy is the practice of marrying within one's social group. Cultures who practice endogamy require marriage between specified social groups, classes or ethnicities. Just about any accepted social grouping may provide a boundary for endogamy.

Forms of endogamy

  1. Tribal endogamy – in this type of endogamy no one can marry outside his own tribe.
  2. Caste endogamy – in this type marriage should take place within the caste.
  3. Class endogamy – in this form of endogamy marriage is contracted between people of one class or of a particular status.
  4. Sub caste endogamy – in this type choice for marriage is restricted to sub caste.
  5. Race endogamy – people can marry within the race.

Disadvantages

  1. It breaks down national unity and creates jealousy.
  2. The choice of partner selection is very limited in endogamy and in pukhtoon even boys are compelled to marry with their abnormal relatives.
  3. Numbers of relatives are limited.
  4. It creates hatred and jealousy with other groups.
  5. It creates ethnocentric behaviour.

Advantages

  1. It maintains the unity within the group and crates we-feeling.
  2. It maintains the purity of blood.
  3. No superiority and inferiority of the two partners upon each other.
  4. Do not leak out the economic secret.
  1. Neither party has a spouse living at the time of the marriage.
  2. Neither party is an idiot or a lunatic at the time of the marriage.
  3. The bridegroom has completed the age of twenty one years and the bride the age of eighteen years at the time of marriage.
  4. The parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two.
  5. Where the bride has not completed the age of eighteen years the consent of her guardian in marriage if any has been obtained for the marriage.

Marriage rites

Among the hindus the marriage rites are said to be most complicated. All the rites that begin to take place since marriage is contracted and continue till the bride comes to the home of the bridegroom. Seven steps by the bride and the bridegroom jointly round the consecrated fire. When the seventh step has been taken the marriage becomes under law complete and binding. Before the seventh step is taken marriage is incomplete and may be revoked. Thus the performance of saptapadi is an essential condition of hindu marriage. Divorce in India A divorce is among the most traumatic occurrences for any couple. To add to this it can also be a long-winded and costly affair in India if divorce is contested. Even couples who mutually agree to the divorce however must prove that they have been separated for a year before the courts consider their plea. In India as with most personal

matters rules for divorce are connected to religion. Divorce among Hindus, Buddhists, Sikhs and Jains is governed by the Hindu Marriage Act 1955. All civil and inter-community marriages are governed by the Special Marriage Act. The divorce law works with some conditions and not in all situations.

Trends of marriage in India

  1. Changes in the rituals of marriage - The rituals of marriage have been minimized particularly among the Hindu society.
  2. Exogamous marriage - Marriage between the members of different communities has become a common feature.
  3. Increase in the age of marriage - Age of marriage is restricted by the government. The age of marriage is fixed as 18 years for girls and 21 years in case of boys. Apart from the legal restriction late marriage has become common since there is a desire of for higher education, and economic independence both among boys and girls.
  4. Decline in parental control over selection of mates - Traditionally, it was the responsibility of parents to arrange marriages. But in the recent days boys and girls choose their life partner according to their own wishes.
  5. Pomp and Luxury - In the recent days celebration of marriage on a grand scale with lot of pomp and luxury has become a common feature. To a certain extent marriage has lost its Sanctity and more importance is given to luxurious celebration rather than customs and traditions.
  6. Dowry system - It has emerged as an evil practice in Indian society. Dowry refers to a specified amount of cash, jewels and other articles to be given by the bride as precondition of marriage. Non-payment

marriage. Kinship system includes socially recognized relationship based on supposed as well as actual genealogical ties. Types of kinship

  1. Affinal kinship - The term affinity means relation by marriage. Thus affinal kinship refers to the bond established only after marriage. It is not the person marrying who gets bound to the family members of the girl but his family members also get bound to the family members of the girl. The relationship of husband with wife, father-in-law, mother-in-law, son-in-law, daughter-in-law etc. Thus marriage creates a host of relationships which are called affinal kinship.
  2. Consanguineous kinship - It is based on blood relations. This type of relationship exists between parents and their children and between the children of the same parents. This kind of kinship refers to a son, daughter, sister, parental uncle, etc. This type of kinship may be actual or supposed. In a polyandrous tribe the actual father of a child is unknown. An adopted child is treated as if it were one's own biologically produced child. Thus blood relationship may be established not only on biological basis but also on the basis of social recognition. Degree of kinship Any relationship between two individuals is based on the degree of closeness or distance of that relationship. This

closeness or distance of any relationship depends upon how individuals are related to each other.

  1. Primary Kinship - Primary kinship refers to direct relations. People who are directly related to each other are known as primary kin. There are basically eight primary kins—wife father son, father daughter mother son, wife father son, father daughter, mother son, mother daughter brother sister and younger brother/sister older brother/sister.
  2. Secondary Kins - The secondary kins are those persons who are related through primary kin. Persons such as father's father, mother's father brother's daughter, father's sister, sister's husband are some of the secondary kins. The number of secondary kins came to 33 types.
  3. Tertiary Kins - The tertiary kins are those persons who are the primary kin of the secondary kin. The kin of this kind include the husband's brother's wife, wife's brother's wife and the like. Kinship usages Kinship usage provides guidelines for interaction among persons in these social groupings. It defines proper and acceptable role relationships. Thus it acts as a regulator of social life. Some of these relationships are: avoidance, teknonymy, avunculate, amitate, couvades and joking relationship.
  4. Avoidance - It means that two kins normally of opposite sex should avoid each other. In almost all societies avoidance rules prescribe that men and women must maintain certain amount