Public Practice, Private Law

An Essay on Love, Marriage, and the State

Nonfiction, Reference & Language, Law, Religion & Spirituality, Philosophy, Social & Cultural Studies, Social Science
Cover of the book Public Practice, Private Law by Gary Chartier, Cambridge University Press
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Author: Gary Chartier ISBN: 9781316866931
Publisher: Cambridge University Press Publication: April 7, 2016
Imprint: Cambridge University Press Language: English
Author: Gary Chartier
ISBN: 9781316866931
Publisher: Cambridge University Press
Publication: April 7, 2016
Imprint: Cambridge University Press
Language: English

Marriage is ordinarily a public practice, supported by, as well as supportive of, society. But it need not fall within the purview of the state. Public Practice, Private Law articulates a conception of marriage as a morally rich and important institution that ought to be subject to private rather than legislative or judicial ordering. It elaborates a robust understanding of marriage that captures what both different-sex and same-sex couples might see as valuable about their relationships. It explains why sexual ethics won't yield a normative model of marriage, and why the kind of marital love worth wanting, can. It goes on to show how an understanding of marriage as rooted in demanding commitments can allow for divorce before arguing that the state should cease to sponsor marriages. It concludes by suggesting that both state and non-state institutions should acknowledge the marriages of same-sex couples.

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Marriage is ordinarily a public practice, supported by, as well as supportive of, society. But it need not fall within the purview of the state. Public Practice, Private Law articulates a conception of marriage as a morally rich and important institution that ought to be subject to private rather than legislative or judicial ordering. It elaborates a robust understanding of marriage that captures what both different-sex and same-sex couples might see as valuable about their relationships. It explains why sexual ethics won't yield a normative model of marriage, and why the kind of marital love worth wanting, can. It goes on to show how an understanding of marriage as rooted in demanding commitments can allow for divorce before arguing that the state should cease to sponsor marriages. It concludes by suggesting that both state and non-state institutions should acknowledge the marriages of same-sex couples.

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