E-Book Overview
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.
E-Book Content
After Marriage
After Marriage Rethinking Marital Relationships
Edited by Elizabeth Brake
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3 Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries Published in the United States of America by Oxford University Press 198 Madison Avenue, New York, NY 10016, United States of America
© Oxford University Press 2016 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by license, or under terms agreed with the appropriate reproduction rights organization. Inquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above. You must not circulate this work in any other form and you must impose this same condition on any acquirer. Library of Congress Cataloging-in-Publication Data After marriage: rethinking marital relationships / edited by Elizabeth Brake. pages cm Includes bibliographical references and index. ISBN 978–0–19–020508–9 (pbk.: alk. paper)—ISBN 978–0–19–020507–2 (cloth: alk. paper) 1. Marriage. 2. Marriage law. 3. Marriage—Moral and ethical aspects. I. Brake, Elizabeth. HQ734.B784 2016 306.81—dc23 2015009992
1 3 5 7 9 8 6 4 2 Printed in the United States of America on acid-free paper
CONTENTS
Acknowledgments vii List of Contributors ix
Introduction 1 Elizabeth Brake
1 Liberal Neutrality and Civil Marriage 9 Simon Căbulea May
2 Is Civil Marriage Illiberal? 29 Ralph Wedgwood
3 The Limitations of Contract: Regulating Personal Relationships in a Marriage-Free State 51 Clare Chambers
4 Is Marriage Bad for Children?: Rethinking the Connection Between Having Children, Romantic Love, and Marriage 84 Samantha Brennan and Bill Cameron
5 Equality and Non-hierarchy in Marriage: What Do Feminists Really Want? 100 Elizabeth Brake
6 Liberty and Polygamy 125 Peter de Marneffe
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