Elizabeth Brake's Minimizing Marriage: Marriage, Morality, and the Law PDF

By Elizabeth Brake

Even in secular and civil contexts, marriage keeps sacramental connotations. but what ethical value does it have? This e-book examines its morally salient gains -- promise, dedication, care, and agreement -- with outstanding effects. partially One, "De-Moralizing Marriage," essays on promise and dedication argue that we can't promise to like and so marriage ceremony vows are (mostly) failed supplies, and that marriage could be a negative dedication procedure. The publication contends with the main influential philosophical money owed of the ethical price of marriage to argue that marriage has no inherent ethical importance. additional, the specified price accorded marriage sustains amatonormative discrimination - discrimination opposed to non-amorous or non-exclusive worrying relationships similar to friendships, grownup care networks, polyamorous teams, or city tribes. The dialogue increases problems with self reliant curiosity for the ethical thinker corresponding to the chances and boundaries of interpersonal ethical duties and the character of commitment.
The relevant argument of half , "Democratizing Marriage," is that liberal purposes for spotting same-sex marriage additionally require popularity of teams, polyamorists, polygamists, pals, city tribes, and grownup care networks. Political liberalism calls for the disestablishment of monogamous amatonormative marriage. lower than the limitations of public cause, a liberal nation needs to chorus from basing legislation exclusively on ethical or spiritual doctrines; yet in basic terms such doctrines may well provide reason behind proscribing marriage to male-female or romantic love dyads. regulations on marriage may still therefore be minimized. yet public cause gives you a robust purpose for minimum marriage: care, and social helps for care, are a question of basic justice. half additionally responds to demanding situations posed by way of estate department on divorce, polygyny, and aiding parenting, and builds on evaluations of marriage drawn from feminism, queer conception, and race thought. It argues

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But as Liao admits, the notion of a reasonable chance of success involves probability. And as I argued above, the high divorce rate suggests a low probability of rekindling marital love—a probability so low that it makes promising reckless. 32 But the sticking point here is that most spouses do not actually promise to try to love, but rather, they try to promise to love. VI. REWRITING THE PROMISE a. Promising to behave If the distinctive marriage promise is not best understood as a promise to love, perhaps we can more happily reconstrue it as a promise to behave a certain way.

After a waiting period and much counseling, she leaves, against his will. ). Her spouse—call him “Mr. Austen”— wants children, but Jane discovers her novel-writing vocation and believes children would preclude it. Each feels the other is demanding a terrible sacrifice. After many attempts to change his own priorities, Mr. Austen leaves in the hopes of being able to remarry and reproduce. 26 de-moralizing marriage My own intuition is that Ann and Mr. Austen are justified in refusing to sacrifice their own happiness, and that, far from doing wrong, they did more than was strictly required in trying to save the marriage.

Presumably marriage brings a deeper moral transformation than a promise to abide by marital property laws and terms of dissolution. Of course, it might be thought that the undertaking of legal support obligations is a significant obligation, but these are not distinctive of marriage—one can take on support obligations without marrying. ) are met. Wedding vows are a better candidate for enacting the significant moral change thought to be involved in marriage (this approach also has the virtue of explaining what couples who get married, “but not legally,” think they are doing).

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