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| | #61 (permalink) | ||
| Senior Member Join Date: Nov 2006
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What benefit do you see in marriages being institutionalized by the gov't? Quote:
For immigration how about authorizing private companies to issue foreign marriage certificates? Or I'm sure you could think of some solution. Last edited by Still Growing; 06-23-2009 at 10:55 PM. | ||
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| | #62 (permalink) | ||
| Family Member Join Date: Nov 2006 Location: Berlin, Germany
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In some families both the mother and the father want to have the same surname as their children. | ||
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| | #63 (permalink) | |
| On Vacation Join Date: Nov 2006 Location: France - Japan - Korea
Posts: 3,241
| ... Everyone who actually chose to be married, because they prefer this possibility? Quote:
Private institutions have a very poor international recognition. The oldest of them (industrial standards are what comes to my mind, but maybe there are older ones) have been around for centuries and still, they aren't universally recognised, they contradict each other and cause major problems in international transactions. I can't imagine the mess it would be to replace a public institution that works quite well by a private one. I also can't imagine the benefit it would bring. No, as long as there are states and state borders, there will be a need - and a request from the people - for institutionalised, state-recognised marriage. If you really feel the State should have no say in anyone's private life, you need to work a lot higher in the causal chain and simply and purely work to achieve an anarchist world. | |
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| | #64 (permalink) | |
| Banned Join Date: Nov 2006
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Now the question is - what happens if after some years, the couple decides to go their separate ways? Who gets to kick who out of the house? Who gets the family dog? Who gets custody of the kids? Does the other parent get to visit the kids at all? If so, how often, when and where? What about the money in the joint account? Can either parent abdicate all responsibility, say, for paying for the kid's school fees, and just walk away? Etc etc. That is where the law comes in. As you can see, all the above issues arise, whether the relationship is a "marriage" or a "civil union". Now, the social costs of the state / the law not stepping in could also be very high. Eg if the state just stays out of it and allows couples to do what they like, you could have all kinds of situations such as a violent, abusive husband/father grabbing the kids and taking off with them to another state; or kids being entirely abandoned by one parent etc etc. Last edited by Acting Like Godot; 06-24-2009 at 09:56 AM. | |
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| | #65 (permalink) | |
| Family Member Join Date: Nov 2006 Location: Berlin, Germany
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| | #66 (permalink) | |
| Senior Member Join Date: Nov 2006
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As for the name, those who want to go the extra steps and pay the additional cost could change their names. | |
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| | #67 (permalink) | ||
| Senior Member Join Date: Nov 2006
Posts: 944
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You'd still get to say you're married and still get the ceremonies, rings, etc. I don't think that when people get married they say "Well now the gov't will recognize that we are married." Make a list of why people get married and explain to me how it would change by what I'm proposing. I have yet to hear something that would really be different. OK with marriage you could have a paper, have a certificate, have a ring, have a ceremony, raise a family, change your name and get tax advantages. With what I am proposing you could still do all of that. With the name change you could still do it but just pay a extra. Quote:
So you're wondering why I propose to abolish gov't institutionalization and the reason is to cut the tax burden by billions. Over half of all marriages end in divorce and the gov't is busy recording, tracking, erasing, legislating, re-recording, hearing cases, more legislation and so on. Private enterprise already marries people (churches) so the system is already there. I know its hard to imagine but can you? | ||
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| | #68 (permalink) | |
| Senior Member Join Date: Nov 2006
Posts: 944
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Now as to the court cases, a huge number of couples do and can work things out themselves as to the terms of separation. As I stated earlier, marriage contracts could be created whereby the couple agrees upon being married that should there be a dispute that the couple has to pay for private arbitration. Why should you and I pay for their divorce. Some people have been married and divorced seven or more times. C'mon this is an inefficient system and if you can't think of a more efficient one you're simply falling back on what you know. I challenge you to think of a better system because it wouldn't be hard. Rather than arguing for what we already have (you've got it) why not go through the mental exercise of letting yourself imagine what I'm proposing. Humans have a hard time to imagine something different that goes against their core. But try. | |
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| | #70 (permalink) | ||||
| Banned Join Date: Nov 2006
Posts: 9,613
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1. Essentially, the legal costs for divorce are high, because the costs of lawyers and judges are high. So one way to lower the costs is to require the couples to go through mandatory counselling. Some couples then resolve their differences and therefore no legal costs are incurred. 2. The rest of the couples then go through a process of mediation. Again lawyers and judges are kept out of the picture, so no legal costs are incurred. Through the mediation, a trained mediator (who is not a lawyer) helps the couple to isolate and identify their issues. So for instance the couple mutually agree what they want to do with the family dog; the car; the house; the joint current account and so on. And let's say that after mediation, the only thing they cannot agree on is the custody of children. 3. Only at this point, do they enter the formal court process. Here the legal proceedings become shorter and much cheaper, because the couple have no further arguments/issues about the family dog; the car; the house; the joint current account. They only have an argument/issue about the children. The lawyers and the judge solve that one last matter, quickly and cheaply, and everyone moves on. -------------- By the way, the court system in my country is regularly ranked World No. 1 in international surveys. One big reason is its speed and efficiency and low cost. And the reason for its speed, efficiency and low cost is that the civil servants who work in this system are constantly focused on ideas on how to make it speedier, more efficient and cheaper. This applies not just to divorce cases, but to commercial and civil cases in general. | ||||
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| | #71 (permalink) | |
| Banned Join Date: Nov 2006
Posts: 9,613
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We also have video conferencing facilities, such that lawyers do not always have to attend court to see the judge in person. For example, when I was a Deputy Public Prosecutor, I could sit in a certain office in my own building that was fitted with cameras etc, and electronically attend certain court proceedings at the courts. That was years ago. Nowadays I understand that I woulod be able to even electronically hop from one courtroom to another. Nationally, the entire government is moving away from paper records of anything. See, in my country, every citizen has this cute little thing called an identity card with a microchip embedded in it. If I go to a hospital, the nurse uses a reader to scan my identity card, and my medical records show up on her computer immediately. If I go to the library, the librarian uses a reader to scan my card, and my borrowing records show up on her computer immediately. If I get caught for speeding, the policeman uses a reader to scan my card, and my entire history of driving offences show up immediately. And any government body that needs to know whether I'm married or not simply needs to scan my card. No need to dig up any paper records from some dusty shelf of some dusty cupboard in some dusty basement archive. Last edited by Acting Like Godot; 06-24-2009 at 03:25 PM. | |
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| | #73 (permalink) | |||
| Family Member Join Date: Oct 2008 Location: Nong Seng
Posts: 3,975
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Things like 'huge', 'a lot', ' a little' are way too subjective and refer to opinions rather than facts. Quote:
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| | #74 (permalink) | |
| Senior Member Join Date: Nov 2006
Posts: 944
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OK, now on to your recommendations.... Very good, that you are proposing alternatives Of course what you are proposing would be an easier sell than what I propose. But I still don't see what we forfeit by the gov't NOT managing our marriages, OR forcing counseling. The only reason to force couseling is to reduce the cost of divorces that the gov't then needs to pay for. What I am recommending nips the problem in the bud. Its like having something thats not needed which causes problems and then you put a band aid on that problem but the core solutions isn't solved. Imagine if some churches created unique contracts that reduced divorce rates. There could be a cultural revolution that would decrease divorces. Also, how many couples get married for tax benefits only to divorce because they don't get along? I know that studies show that many military people have gotten married due to pay raises. By creating a flat tax it would take the wrong incentives out of marriages. Last edited by Still Growing; 06-25-2009 at 02:40 AM. | |
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| | #75 (permalink) | |
| Senior Member Join Date: Nov 2006
Posts: 944
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Our current system has 10.4 million divorces a year at a cost of $30 billion. (see page 1) What I propose is: (page 1, 2 for pros) 1. We can still get married (via churches, etc). Marriage contracts stating the use of arbitration rather than courts. 2. We can still have wedding ceremonies, exchange rings and say we're married 3. We can choose to change our last name for a fee. 4. When divorcing it can be checked off as "no contest dissolving of divorce" or "arbitration required". Lawsuits can be used under certain rare conditions I don't know if all $30 billion could be save but possibly $20 billion could I would image. If you disagree with my view, thats fine but don't peruse half heartedly and then say its up to me to convince you when you haven't bothered to read the posts. Now with my retribution attitude I'm sure you'll disagree with my point no matter. No worries though. | |
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| | #76 (permalink) | |
| Banned Join Date: Jun 2009
Posts: 87
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Here are the CDC tables: N C H S - National Vital Statistics - National Marriage and Divorce Rate Trends The annual number of divorces per this chart is about 800,000-900,000. Because of issues of data collection, divorces in CA, LA, HI, ID, and MN are not included. However, those states comprise less than 1/2 the population: double the number, if you like, or triple it for good measure - you aren't going to be anywhere near 10 million. If you apply the rate per thousand throughout the county to the omitted states, you will arrive at a figure of less than 2 million. Or approach it this way: the marriage statistics are fairly complete, excluding only LA. There are fewer than 2.5 million marriages every year. A divorce rate of 10 million would leave the entire population single in about a decade. | |
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| | #77 (permalink) | |
| Senior Member Join Date: Nov 2006
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| | #78 (permalink) | ||
| Banned Join Date: Jun 2009
Posts: 87
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It seems like a vague number to me. There would be delinquent kids and bankruptcies without divorce. I don't know exactly how you separate an individual social ill or statistic and attribute it directly to divorce. If you want creative ideas, maybe we could encourage divorce as part of a stimulus package, since divorce employs so many people - counselors, police, real estate agents, bill collectors, tow truck operators, pawn shop workers, plastic surgeons...the list goes on. | ||
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| | #79 (permalink) | |||||
| Family Member Join Date: Oct 2008 Location: Nong Seng
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#3 is BTW already in effect in our country in the sense that the woman decides to keep her own name or take her husband's name. It would be nice to have the choice the other way around too, but for me it's not important. #4 people will find other ways to sue each other. It seems to be the favourite sport in the US anyway. Even if the 30 billion is correct, you don't give arguments for the savings of 20 billion. Based on what? How many judges will be fired? How many courthouses closed? Etc etc. Quote:
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Last edited by spirit4711; 06-25-2009 at 07:32 AM. | |||||
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| | #80 (permalink) | |
| Banned Join Date: Nov 2006
Posts: 9,613
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My country (or its government) is very pro-traditional family unit. Not saying that it is a good thing or a bad thing. But the long-standing policy stance of my government is that they strongly promote the traditional family unit of heterosexual couple + children, maintaining close relationships with grandparents. This plays out in many ways. For example, unmarried couples are not eligible for public housing, except in very limited circumstances. Same-sex marriage does not exist. Housing grants are given to married couples, if they choose to stay within a 2-km radius of their own parents. Tax incentives are given to married couples who have children. Etc etc. And it also plays out in the policy on mandatory counselling, for couples who want to seek a divorce. It's not just about legal costs. The government is just keen to promote the traditional family structure, and that also means trying to keep the divorce rate down. | |
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| | #81 (permalink) |
| Banned Join Date: Nov 2006
Posts: 9,613
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Oh, here is another way that we do it in my country. The usual path for divorce is that the married couple needs to separate for three years, before they get a divorce. (Of course there are a number of exceptions to this general rule - eg where one partner is physically violent - then divorce can be immediate). But the three-year wait is the usual route. I think that the three-year wait is quite long, compared to most other countries. The whole idea of the three-year wait is to make sure that the couple have three long years to think carefully about what they're doing. There are actually many couples who get angry with each other; separate with the intention of getting a divorce; and then, after 3 months, 6 months or 2 years, discover that actually they miss each other, and don't want to be separated, and therefore get together again. So the divorce never happens. |
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| | #83 (permalink) |
| Senior Member Join Date: Nov 2006
Posts: 944
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Spirit, 1. Discussions are a two way street. You haven't convinced me that the gov't needs to manage marriage. 2. You could still be "married" under my proposition. We're 3 pages in now. Must I keep repeating. 3. Whether its $30 billion or $3billion anybody can see divorces cost the system money. Are we really debating that? 4. I'm not touchy and I don't take it personally. Spirit, its important to read posts so you can be apart of the discussion. I welcome new questions but really don't have patience for people who drop in to a conversation with negative comments when they haven't even read what everyone else has been saying. Thats akin to trolling. Last edited by Still Growing; 06-25-2009 at 03:19 PM. |
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| | #84 (permalink) |
| Senior Member Join Date: Nov 2006
Posts: 944
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ALG, I definitely think 3 years is way too long. In Germany there is a huge amount of stress on the government caused by the system. In my opinion the German government does such a much better job at managing social issues than the US but of course with a huge budget. My fundamental qualm with Germany is that the overall taxes are just way too high (in my opinion). I think this works well for German's culture at the given time and would not fit at all into the US at this given time. I've noticed that the most vocal people on this thread happen to be from European countries where the gov't is more active in people's daily lives. The gov't has a huge safety net in Socialistic countries and they do a great job. In the US there is a huge element of people who believe that less government is better. To reach a common understanding its important that two people or entire communities have the same end goal in mind. If you are coming at the discussion that a larger and more controlling gov't is key for society and someone else is coming at the discussion that the gov't cannot manage efficiently then the basis for understand is too far of a bridge to cross. It is ironic that we could both be right. In the US we have huge divorce rates and far too many lawsuits. We have a gov't budget that has a larger deficit that all of the budgets in US history combined. Sometimes less is more. How on earth did we get here as a people before the gov't managed marriage? Last edited by Still Growing; 06-25-2009 at 03:24 PM. |
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| | #85 (permalink) | ||||
| Family Member Join Date: Nov 2006 Location: Berlin, Germany
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You could also use the model of another European country where there are marriages but no divorces if your problem really lies in the fact that people divorce. Quote:
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Additionally we would think that Europe will have a higher chance to abolish legal marriage in the next 50 years than the US. In the US you have nobody that has a real political interest in abolishing marriage laws and have the freedom to make marriage like contracts themselves (playing a game of guess a lobby Our marriage debate in central Europe also isn't driven by the Christian church. Quote:
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| | #86 (permalink) |
| Banned Join Date: Nov 2006
Posts: 9,613
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I live in Singapore. Tax here is definitely very low, compared to the US and Western European countries. The way it works here, though, is that the government provides much less in terms of social welfare benefits. People are taxed less, and are encouraged to save constantly and regularly for their own needs. |
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| | #87 (permalink) |
| On Vacation Join Date: Nov 2006 Location: France - Japan - Korea
Posts: 3,241
| I might be biased (honestly, I think I've lived around the world enough not to be that much), but you brought your fair share of ethnocentricism to this thread too. Unlike in the US where traditional family values are strong and the pressure to marry is widespread, people in Europe (France in particularly) aren't subject to that pressure. Actually, over 50% of long term couples here choose to remain unmarried, including when they have children. The ones who do get married do so deliberately, consciously and it is 100% their choice. And guess what? They do it because it benefits them. They do it because they want a legal frame to transmit inheritances, they want to empower their partner to take medical or financial decisions for them, they want equity on parental authority on the children, they want to have the same citizenship or be able to travel together on a spouse visa... All these instances and more are arbitrated by the State. Therefore, they will benefit from getting a State recognized union. Fitting them all in a single contract called marriage is by far the cheapest and most efficient way to do so (if you need convicing, take a look at the hardships gay couples who can't get married go through when they want to establish equivalent rights through contracts).
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| | #88 (permalink) | |||
| Senior Member Join Date: Nov 2006
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| | #89 (permalink) | |
| Senior Member Join Date: Nov 2006
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You mention the benefits that people get when they marry. Why can't some of these benefits be opened up in another fashion? Inheritances can be covered by wills, taxes can be flat and so on. My argument that my proposal is more efficient is much different than me saying "it would be easy to get passed". I've found that in life sometimes less is more. OK so lets have the gov't manage Scuba licenses. First we can create laws, then we'll need buildings and departments to regulate safety then we'll need more laws governing those buildings then we'll need judges from all the Scuba accident lawsuits then we'll need staff working for the judges and then we'll need additional IRS workers to manage the Scuba tax deductions and of course they'll need offices and then we'll need insurance for the IRS workers and life insurance. Maybe we should give tax deductions to those who get a Scuba license and then we can even create more laws to enable Scuba license holders to train other wannabe Scuba divers. We'd certainly need laws that prohibit same sex people Scuba diving together, that would be against some people's religions. Maybe we should form a committee about that. We all know that Scuba diving takes more training and skill than getting married, I'm not sure if the government could handle institutionalizing Scuba diving. Last edited by Still Growing; 06-26-2009 at 03:02 PM. | |
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| | #90 (permalink) | ||||
| Family Member Join Date: Nov 2006 Location: Berlin, Germany
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Nobody besides some ethinc groups really cares about the government laws interfering with marriage. Quote:
But if you want a government which runs properly you probably should go the Singapurian way and actually paying good salaries to the people who run the government. If you speak about paying politicans more money you have a hard time in the West. Quote:
You can't make a contract as a American that gives someone from Iran the right to travel to the US. You can't either make contracts that give someone the right to refuse to give evidence in front of a court. For all those instances where it says marriage in the laws you need to find a replacement. Those a dozens of different cases and in Germary we just had to add "or has a civil union" after every one of these. If you however wanted to eliminate them you would to have think more about how that law should look like. | ||||
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