Public practice, private law : an essay on love, marriage, and the state / Gary Chartier, Tom and Vi Zapara School of Business, La Sierra University.
2016
K675 .C48 2016 (Map It)
Available at Cellar
Formats
| Format | |
|---|---|
| BibTeX | |
| MARCXML | |
| TextMARC | |
| MARC | |
| DublinCore | |
| EndNote | |
| NLM | |
| RefWorks | |
| RIS |
Items
Details
Author
Title
Public practice, private law : an essay on love, marriage, and the state / Gary Chartier, Tom and Vi Zapara School of Business, La Sierra University.
Published
Cambridge, United Kingdom : Cambridge University Press, 2016.
Call Number
K675 .C48 2016
ISBN
9781107140608 (hardback)
1107140609 (hardback)
1107140609 (hardback)
Description
xi, 251 pages ; 24 cm
System Control No.
(OCoLC)925426709
Summary
"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"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Gift
Purchased from the income of the Fisch Fund
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Fisch Fund
Table of Contents
Acknowledgments
ix
Introduction
1
1.
Marriage and the Dynamics of Love
8
I.
Love and Its Trajectory
9
II.
Occasions for Love
15
III.
Evocative Responses
22
IV.
Love and Sensation
33
V.
Love, Choice, and Commitment
41
VI.
Love, Sex, and Procreation
64
2.
Love's Obligations
73
I.
Communication
75
II.
Vulnerability
78
III.
Acceptance
78
IV.
Attentiveness and Understanding
79
V.
Respect
80
VI.
Equality
81
VII.
Exclusivity
81
3.
Alternate Path to Marital Obligation?
101
I.
Protecting Vulnerability
103
II.
Valuing Particularity
106
III.
Rejecting Objectification
107
IV.
Promoting Bonding
109
V.
Avoiding Dis-Integrity
113
VI.
Caring for Children
119
VII.
Manifesting Prudence
121
VIII.
Significance of Commitment
123
4.
Gender and the Intimate Contract
127
I.
Shape of the Intimate Contract
129
II.
Vulnerability, Influence, and Intimacy
138
III.
Misunderstanding the Terms of the Intimate Contract
141
IV.
Gender Equality and Intimacy in Contemporary Marriage
143
5.
Limits of Marital Obligation
146
I.
Value of Marital Promises
147
II.
Can Marital Promises Bind?
149
III.
Qualified Commitments
152
IV.
Inadequate Consent
156
V.
Permissible Injury
158
VI.
Remarriage after Divorce
166
6.
Delinking Marriage and the State
169
I.
Case for Marital Freedom
170
II.
Challenging the Case for State Involvement
178
III.
Conservatives and State Definition of Marriage
207
IV.
State and Marriage
210
7.
Same-Sex Marriage, with or without the State
214
I.
Natural Law and the Morality of Same-Sex Sex
217
II.
Virtues of Marriage
223
III.
Cooperation with Evil
227
IV.
Endorsing Same-Sex Marriage as Acceptable Cooperation with "Evil"
228
V.
Natural Law Morality and Same-Sex Marriage
238
Conclusion
241
Index
245