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This collection of essays by liberal and feminist philosophers
addresses the question of whether marriage reform ought to stop
with same-sex marriage. Some philosophers have recently argued that
marriage is illiberal and should be abolished or radically reformed
to include groups and non-romantic friendships. In response, Simon
May argues that marriage law can be justified without an illiberal
appeal to an ideal relationship type, and Ralph Wedgwood argues
that the liberal values which justify same-sex marriage do not
justify further extension. Other authors argue for new legal forms
for intimate relationships. Marriage abolitionist Clare Chambers
argues that piecemeal directives rather than relationship contracts
should replace marriage, and Samantha Brennan and Bill Cameron
argue for separating marriage and parenting, with parenting rather
than marriage becoming, legally and socially, the foundation of the
family. Elizabeth Brake argues for a non-hierarchical friendship
model for marriage. Peter de Marneffe argues that polygamy should
be decriminalized, but that the liberal state need not recognize
it, while Laurie Shrage argues that polygamy could be legally
structured to protect privacy and equality. Dan Nolan argues for
temporary marriage as a legal option, while Anca Gheaus argues that
marital commitments are problematic instruments for securing the
good of romantic and sexual love. Taken together, these essays
challenge contemporary understandings of marriage and the state's
role in it.
Even in secular and civil contexts, marriage retains sacramental
connotations. Yet what moral significance does it have? This book
examines its morally salient features - promise, commitment, care,
and contract - with surprising results. In Part One, "De-Moralizing
Marriage," essays on promise and commitment argue that we cannot
promise to love and so wedding vows are (mostly) failed promises,
and that marriage may be a poor commitment strategy. The book
contends with the most influential philosophical accounts of the
moral value of marriage to argue that marriage has no inherent
moral significance. Further, the special value accorded marriage
sustains amatonormative discrimination - discrimination against
non-amorous or non-exclusive caring relationships such as
friendships, adult care networks, polyamorous groups, or urban
tribes. The discussion raises issues of independent interest for
the moral philosopher such as the possibilities and bounds of
interpersonal moral obligations and the nature of commitment. The
central argument of Part Two, "Democratizing Marriage," is that
liberal reasons for recognizing same-sex marriage also require
recognition of groups, polyamorists, polygamists, friends, urban
tribes, and adult care networks. Political liberalism requires the
disestablishment of monogamous amatonormative marriage. Under the
constraints of public reason, a liberal state must refrain from
basing law solely on moral or religious doctrines; but only such
doctrines could furnish reason for restricting marriage to
male-female couples or romantic love dyads. Restrictions on
marriage should thus be minimized. But public reason can provide a
strong rationale for minimal marriage: care, and social supports
for care, are a matter of fundamental justice. Part Two also
responds to challenges posed by property division on divorce,
polygyny, and supporting parenting, and builds on critiques of
marriage drawn from feminism, queer theory, and race theory. It
argues, using the example of minimal marriage, for the
compatibility of liberalism and feminism.
Even in secular and civil contexts, marriage retains sacramental
connotations. Yet what moral significance does it have? This book
examines its morally salient features - promise, commitment, care,
and contract - with surprising results. In Part One, "De-Moralizing
Marriage," essays on promise and commitment argue that we cannot
promise to love and so wedding vows are (mostly) failed promises,
and that marriage may be a poor commitment strategy. The book
contends with the most influential philosophical accounts of the
moral value of marriage to argue that marriage has no inherent
moral significance. Further, the special value accorded marriage
sustains amatonormative discrimination - discrimination against
non-amorous or non-exclusive caring relationships such as
friendships, adult care networks, polyamorous groups, or urban
tribes. The discussion raises issues of independent interest for
the moral philosopher such as the possibilities and bounds of
interpersonal moral obligations and the nature of commitment. The
central argument of Part Two, "Democratizing Marriage," is that
liberal reasons for recognizing same-sex marriage also require
recognition of groups, polyamorists, polygamists, friends, urban
tribes, and adult care networks. Political liberalism requires the
disestablishment of monogamous amatonormative marriage. Under the
constraints of public reason, a liberal state must refrain from
basing law solely on moral or religious doctrines; but only such
doctrines could furnish reason for restricting marriage to
male-female couples or romantic love dyads. Restrictions on
marriage should thus be minimized. But public reason can provide a
strong rationale for minimal marriage: care, and social supports
for care, are a matter of fundamental justice. Part Two also
responds to challenges posed by property division on divorce,
polygyny, and supporting parenting, and builds on critiques of
marriage drawn from feminism, queer theory, and race theory. It
argues, using the example of minimal marriage, for the
compatibility of liberalism and feminism.
This collection of essays by liberal and feminist philosophers
addresses the question of whether marriage reform ought to stop
with same-sex marriage. Some philosophers have recently argued that
marriage is illiberal and should be abolished or radically reformed
to include groups and non-romantic friendships. In response, Simon
May argues that marriage law can be justified without an illiberal
appeal to an ideal relationship type, and Ralph Wedgwood argues
that the liberal values which justify same-sex marriage do not
justify further extension. Other authors argue for new legal forms
for intimate relationships. Marriage abolitionist Clare Chambers
argues that piecemeal directives rather than relationship contracts
should replace marriage, and Samantha Brennan and Bill Cameron
argue for separating marriage and parenting, with parenting rather
than marriage becoming, legally and socially, the foundation of the
family. Elizabeth Brake argues for a non-hierarchical friendship
model for marriage. Peter de Marneffe argues that polygamy should
be decriminalized, but that the liberal state need not recognize
it, while Laurie Shrage argues that polygamy could be legally
structured to protect privacy and equality. Dan Nolan argues for
temporary marriage as a legal option, while Anca Gheaus argues that
marital commitments are problematic instruments for securing the
good of romantic and sexual love. Taken together, these essays
challenge contemporary understandings of marriage and the state's
role in it.
This volume brings together new essays in law and philosophy on a
broad range of topics in children's and family law. It is the first
volume to bring together essays by legal scholars and philosophers
for an integrated, critical analysis of key issues in this area,
marking the 'coming of age' of a comparatively new field of family
law. Debates in children's and family law are at once theoretical
and empirical in nature. Not only does children's and family law
have significant consequences for individuals' intimate lives, the
field's impact on lived experience highlights the socially
constructed nature of law. Approaching this area of law often
involves exploring a legal concept familiar from daily life, such
as the very notion of 'marriage' or 'family', and examining it
within its social, economic, and historical context. The normative
basis for law regulating intimate personal and family life extends
beyond any narrow legal philosophy or social context to its broader
foundations in theories of morality or justice. The chapters
included bring together a representative and broad range of pieces
that engage with long-standing and contemporary debates. A wide
range of perspectives is represented on topics such as same-sex
marriage, polygamy and polyamory, alimony, unmarried cohabitation,
gestational surrogacy and assisted reproductive technologies, child
support, parental rights and responsibilities, children's rights,
family immigration, religious freedom, and the rights of paid
caregivers. There is also philosophical discussion of concepts such
as care, intimacy, and the nature of family and family law itself.
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