Hardback : HK$700.00
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.
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.
1. Marriage and the dynamics of love; 2. Love's obligations; 3. An alternative to marital obligation?; 4. Gender and the intimate contract; 5. The limits of marital obligation; 6. Delinking marriage and the state; 7. Same-sex marriage, with or without the state.
This book elaborates an appealing model of marriage, rooted in love, for same-sex and different-sex couples, that doesn't involve the state.
Gary Chartier is Professor of Law and Business Ethics and Associate Dean of the Tom and Vi Zapara School of Business at La Sierra University, California.
'There is among us today no universally shared understanding of
what marriage is. Gary Chartier presents a discerning, attractive
account of marriage - more precisely, of what we should understand
marriage to be. Moreover, Chartier explains why, if we accept his
account of marriage, we should support admitting same-sex couples
to civil marriage. He also explains, persuasively in my view, why
we should reject a prominent competing account of marriage, one
according to which same-sex couples cannot be truly married.
Everyone interested in the contemporary controversy about the
meaning of marriage should read Chartier's important, stimulating
new book.' Michael J. Perry, Emory University, Atlanta
'We tend to think we know which views on marriage 'go together'. In
this thoughtful and wide-ranging book, Chartier challenges our
assumptions by showing how fairly 'traditionalist' positions on
fidelity, unconditional love, and lifelong commitment can
reasonably be wedded to very un-traditionalist views on non-marital
and non-procreative sex, same-sex marriage, and government
recognition and regulation of marriage.' Roderick T. Long, Auburn
University, Alabama
'The social meaning of marriage is topical and hotly debated.
Chartier's book makes a welcome and timely contribution to this
discussion. It provides a rich account of love and marriage that
explains what is distinctive and valuable about committed,
monogamous relationships without overemphasising the role of sex or
procreation. Chartier reminds us that marriage is a union of two
loving people, rather than merely a legal artifact.' Jonathan
Crowe, Bond University, Queensland
'… has written an interesting and thought-provoking book that
argues for a particular vision of marriage.' John Murray, Marriage,
Families and Spirituality
'This is is humane and well-argued book on behalf of love, marital
commitment, and social inclusiveness. It deserves wide attention.'
Sheldon Richman, The American Conservative
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