Excerpts

The Black Book: An Introduction to the Art of Sampling
Romaine Masiah Williams

Divorce is where the problem lies for marriage in the United States of America. When the country first came into being women did not enjoy the same legal rights as men. Society was completely male dominated. In those days just about every gentleman of means had both a wife and a mistress. His discretion came not as an individual courtesy to his wife but as a social norm. In that era sex was not something people talked about openly. Early in the twentieth century the Constitution of the United States was amended to include universal suffrage. Women were now guaranteed equal rights under the law. It didn’t happen overnight but little by little the marriage monopoly men once held disappeared. Today the institution of marriage disproportionately empowers women. With the threat of divorce in their back pocket at all times wives can now force their husbands to behave monogamously or face personal, legal, and financial consequences.(1)

Despite the dangers of divorce, it turns out some modern men are still more than willing to gamble their futures for a shot at the present. They willingly place themselves in a vulnerable position for a chance to partake in the economic promise of the marriage partnership. It’s hard to really blame them when there are clear financial advantages to being married.(2) In the U.S. those who are married can jointly file their taxes and receive a considerable tax break from the federal government. Assuming they are financially responsible they can more easily be approved for loans to help purchase big ticket items such as homes, cars, and appliances. As home ownership is the basis for wealth building in America it is very important that ordinary people have access to these kinds of financial instruments. Married couples are also eligible to adopt children. Foreigners can receive a residency extension or even an expedited path to citizenship from their spouse’s home government. Insurance related benefits include shared employer provided health insurance coverage, access to a spouse’s social security and life insurance benefits, and more affordable car insurance.(3) As you can see money, property, and standard of living – values held dear by capitalism – are central to the American concept of marriage. Above all else marital status is a legally descriptive characteristic. Marriage is a contract between two people to swap interest in one another’s lives and share their assets and liabilities equally.

Yet despite the financial incentives being offered marriage is not the influential institution it used to be. Its social reach is fading about as fast as the Arctic ice shelves surrounding Greenland. For the first time in American history there are more unmarried, cohabitating adults than married couples, a radical shift from a half century ago. As a result a growing number of children are being born out of wedlock. Think about it: for something as trusted and fundamental as marriage to go out of favor within a generation’s time suggests there are some serious disincentives at work. Despite what religious conservatives say there has to be more to this story than a drop in Sunday school attendance.

I’ve come to believe this shift in social behavior results from an increase in the value we as individuals place on our personal space, identity, and freedom to make unilateral decisions. Combine growing individualism, a progressive leaning public, and the general inflexibility of the law and you have this recipe for a continual decline in the institution of marriage. To put it another way this current generation is more self promoting and has more options than their forbearers. People are (rightfully) disinterested in a western legalistic concept of marriage that has a fifty percent chance of ending in divorce. While marriage in and of itself is not a bad thing and will always be around in some form or another for those who wish to partake in it, at some point changes will need to be made if the marriage institution hopes to attract a wider base of voluntary participants.(4) The marriage brand needs a Don Draper in the marketing department. It needs to pull a Justin Timberlake and bring its sexy back.

(1) In the majority of states you don’t need much of a reason to file for divorce. One can cite something as vague as “irreconcilable differences” and receive a legal separation with the intent to divorce. Infidelity doesn’t even have to come up in court for a man to be handed a pink slip.

(2) In developed countries where competition for jobs and housing is strong and prices are high a combined income provides an opportunity for married citizens to have an elevated standard of living they would not enjoy were they single and keeps them comfortably settled despite the fast pace of a capitalistic system; in a non welfare state like America a combined income is oftentimes necessary for maintaining even a lower middle class lifestyle.

(3) Keep in mind there are disadvantages as well. Litigation against one partner in a marriage affects the other. Also, a spouse that mismanages the family’s finances can easily drain a bank account and ruin both people’s credit in the process. In the event of a divorce property ownership, custody of children, alimony, and child support are certain to become flashpoints for each side as they struggle for leverage and bargaining power.

(4) Since modern marriage is highly contractual, I’d like to propose some practical changes to current law that eases the burden of commitment and makes marriage more attractive (and less of a crapshoot). My suggestions can be found in this book’s conclusion.