Minimizing marriage : marriage, morality, and the law / Elizabeth Brake.

Format:

Book

Author/Creator:

Brake, Elizabeth.

Series:

Studies in feminist philosophy

Language:

English

Subjects (All):

Marriage--Philosophy.

Marriage.

Marriage--Moral and ethical aspects.

Marriage law.

Physical Description:

x, 240 pages ; 24 cm.

Place of Publication:

New York : Oxford University Press, [2012]

Summary:

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 consttaints 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. Book jacket.

Contents:

The marriage promise: is divorce promise-breaking?

How to commit marriage: a conceptual guide

Marriage, sex, and morals

Special treatment for lovers: marriage, care, and amatonormativity

Critiques of marriage: an essentially unjust institution?

Defining marriage: political liberalism and the same-sex marriage debates

Minimizing marriage: what political liberalism implies for marriage law

Challenges for minimal marriage: poverty, property, polygyny.

Notes:

Includes bibliographical references and index.

ISBN:

9780199774135

0199774137

9780199774142

0199774145

OCLC:

742339159