By Elizabeth Brake
This number of essays by way of liberal and feminist philosophers addresses the query of no matter if marriage reform should cease with same-sex marriage. a few philosophers have lately argued that marriage is intolerant and will be abolished or significantly reformed to incorporate teams and non-romantic friendships. In reaction, Simon may possibly argues that marriage legislation could be justified with out an intolerant attract an excellent courting kind, and Ralph Wedgwood argues that the liberal values which justify same-sex marriage don't justify additional extension. different authors argue for brand spanking new felony types for intimate relationships. Marriage abolitionist Clare Chambers argues that piecemeal directives instead of dating contracts should still substitute marriage, and Samantha Brennan and invoice Cameron argue for isolating marriage and parenting, with parenting instead of marriage turning into, legally and socially, the basis of the relatives. Elizabeth Brake argues for a non-hierarchical friendship version for marriage. Peter de Marneffe argues that polygamy may be decriminalized, yet that the liberal kingdom don't need to realize it, whereas Laurie Shrage argues that polygamy may be legally established to guard privateness and equality. Dan Nolan argues for transitority marriage as a felony choice, whereas Anca Gheaus argues that marital commitments are not easy tools for securing the nice of romantic and sexual love. Taken jointly, those essays problem modern understandings of marriage and the state's position in it.
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Additional resources for After Marriage: Rethinking Marital Relationships
In some sense, it seems to me, a government objective is legitimate if it is in some uncontroversial way good for society as a whole. ”12 As I shall argue in this section, it seems plausible that marriage is justified because in this way it promotes the common good. Presumably, however, nothing that is inconsistent with justice could be justified, even if it did promote the common good. So to argue that marriage is justified because promotes the common good, I must also argue that even though marriage is not required by justice, it is nonetheless consistent with justice.
In general, marriage has a communicative function of the sort that I have been describing only because it is familiar institution—an institution that we have all grown up hearing about. Presumably, marriage can only become familiar in this way if the culture of the society has traditions surrounding marriage. Although it is crucial to marriage that it is a legal institution, it is also crucial that it is not just a legal institution, but also a social practice rooted in the society’s culture. It seems plausible that the main way in which the social meaning of marriage is important is precisely that it gives marriage this communicative power.
Tamara Metz, Untying the Knot: Marriage, the State, and the Case for Their Divorce (Princeton: Princeton University Press, 2010), 7. 7. Clare Chambers, Against Marriage: An Egalitarian Defence of the Marriage-Free State (Oxford: Oxford University Press, forthcoming 2016). 8. Jeremy Garrett, “Marriage Unhitched from the State: A Defense,” Public Affairs Quarterly 23:2 (2009): 168. Liberal Neutrality And Civil Marriage | 27 9. For an argument that the liberal state’s interest in equality can support civil marriage, see Christie Hartley and Lori Watson, “Political Liberalism, Marriage and the Family,” Law and Philosophy 31:2 (2012): 185–212.