Minimizing marriage: marriage, morality, and the law

Minimizing marriage: marriage, morality, and the law

Brake, Elizabeth

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This book addresses fundamental questions about marriage in moral and political philosophy. It examines promise, commitment, care, and contract to argue that marriage is not morally transformative. It argues that marriage discriminates against other forms of caring relationships and that, legally, restrictions on entry should be minimized. 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 moralsignificance. 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. INDICE: Introduction: Marriage and Philosophy Part One. De-Moralizing Marriage 1. The Marriage Promise: Is Divorce Promise-Breaking? 2. How to Commit Marriage: A Conceptual Guide 3. Marriage, Sex, and Morals 4. Special Treatment for Lovers: Marriage, Care, and Amatonormativity Part Two: Democratizing Marriage 5. Critiques of Marriage: An Essentially Unjust Institution? 6. Defining Marriage: Political Liberalism and the Same-Sex Marriage Debates 7. Minimizing Marriage: What Political Liberalism Implies for Marriage Law 8. Challenges for Minimal Marriage: Poverty, Property, Polygyny

  • ISBN: 978-0-19-977413-5
  • Editorial: Oxford University
  • Encuadernacion: Rústica
  • Páginas: 288
  • Fecha Publicación: 15/03/2012
  • Nº Volúmenes: 1
  • Idioma: Inglés