Chapter

Minimizing Marriage

Elizabeth Brake

in Minimizing Marriage

Published in print March 2012 | ISBN: 9780199774142
Published online May 2012 | e-ISBN: 9780199933228 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199774142.003.0008

Series: Studies in Feminist Philosophy

Minimizing Marriage

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Chapter 7 takes up the challenges of the preceding chapters by providing a strong rationale for a reformed marriage law. This proposal, ‘minimal marriage’, is a legal framework which avoids amatonormativity, supporting all adult care networks. It allows individuals to select from a minimal set of the rights and responsibilities currently exchanged in marriage and assign them to whomever they want, so long as the purpose is to support a caring relationship. Political liberalism requires the disestablishment of monogamous amatonormative marriage. Under the constraints of public reason, restrictions on marriage should be minimized. But public reason can provide a strong, neutral rationale for minimal marriage: care is a primary good, in Rawlsian terminology, making legal frameworks for adult care networks not only consistent with neutrality and public reason, but required as a matter of justice. Thus, my argument opposes the abolition of marriage.

Keywords: political liberalism; public reason; neutrality; marriage law; justice; minimal marriage; amatonormativity; care; primary goods; marriage reform

Chapter.  15198 words. 

Subjects: Feminist Philosophy

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