Cover image for Against Marriage : An Egalitarian Defense of the Marriage-Free State
Title:
Against Marriage : An Egalitarian Defense of the Marriage-Free State
Author:
Chambers, Clare, 1976- author.
ISBN:
9780198744009
Edition:
1st edition.
Physical Description:
xi, 226 pages ; 24 cm
Series:
Oxford political theory

Oxford political theory.
Contents:
Part I: Against Marriage; 1: Marriage as a Violation of Equality; 1.1 Marriage as Oppressive to Women; 1.2 Marriage as Heterosexist; 1.3 Is Same-sex Marriage Egalitarian?; 1.4 Civil Union; 1.5 Inequality between Married and Unmarried People; Conclusion; 2: Marriage as a Violation of Liberty; 2.1 State-recognized Marriage versus the Marriage-Free State; 2.2 Political Liberalism: Neither Comprehensive nor Perfectionist; 2.3 Marriage as Non-neutral 2.3.1 Meaning2.3.2 Bundling; 2.3.3 Hierarchy; 2.4 Political Liberalism and Other Statuses; 2.5 Strict and Lax Neutrality; Conclusion; 3: A Liberal Defence of Marriage?; 3.1 Marriage as Communicative; 3.2 Marriage and Gender Equality; 3.3 Marriage and Care; 3.4 Marriage and Society; 3.5 Marriage and Children; 3.5.1 Empirical facts; 3.5.2 Neutral descriptions; 3.5.3 ChildrenÅ› interests versus other values; Conclusion; Part II The Marriage-Free State; 4: The Limitations of Contract; 4.1 The Appeal of Contract; 4.2 Contract and Equality; 4.3 Contract and Liberty 4.4 Default Directives in a Contract Regime4.5 Contract and Enforcement; 4.5.1 Specific performance; 4.5.2 Compensation; 4.6 Relational Contract Theory; Conclusion; 5: Regulating Relationships in the Marriage-Free State; 5.1 Piecemeal not Holistic; 5.2 Practice not Status; 5.3 Opting out not Opting in; 5.4 Objections, Clarifications, Applications; 5.4.1 The place for holistic thinking; 5.4.2 The relevance of commitment; 5.4.3 The need for international recognition; Conclusion; 6: Marriage in the Marriage-Free State; 6.1 Over-inclusivity: Polygamy, Incest, Forced Marriage 6.2 Under-inclusivity: Heterosexism, Racism6.3 Internal Inequality: Sexism.
Abstract:
Clare Chambers argues that marriage violates both equality and liberty and should not be trecognized by the state. She shows how feminist and liberal principles require creation of a marriage-free state: one in which private marriages, whether religious or secular, would have no legal status.
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Summary

Summary

Against Marriage argues that marriage violates both equality and liberty and should not be recognized by the state. Clare Chambers shows how feminist and liberal principles require creation of a marriage-free state: one in which private marriages, whether religious or secular, would have nolegal status.Part One makes the case against marriage. Chambers investigates the critique of marriage that has developed within feminist and liberal theory. Feminists have long argued that state-recognised marriage is a violation of equality. Chambers endorses the feminist view and argues, in contrast to recentegalitarian pro-marriage movements, that same-sex marriage is not enough to make marriage equal. The egalitarian case against marriage is the most fundamental argument of Against Marriage. But Chambers also argues that state-recognised marriage violates liberty, including the political liberalversion of liberty that is based on neutrality between conceptions of the good.Part Two sets out the case for the marriage-free state. Chambers criticizes recent arguments that traditional marriage should be replaced with either a reformed version of marriage, such as civil partnership, or a purely contractual model of relationship regulation. She then sets out a new model forthe legal regulation of personal relationships. Instead of regulating by status, the state should regulate relationships according to the practices they involve. Instead of regulating relationships holistically, assuming that relationship practices are bundled together in one significantrelationship, the marriage-free state regulates practices on a piecemeal basis. The marriage-free state thus employs piecemeal, practice-based regulation. It may regulate private marriages, including religious marriages, so as to protect equality. But it takes no interest in defining or protectingthe meaning of marriage.


Table of Contents

Acknowledgementsp. ix
Introducionp. 1
Part I Against Marriage
1 Marriage as a Violation of Equalityp. 11
1.1 Marriage as Oppressive to Womenp. 13
1.2 Marriage as Heterosexistp. 27
1.3 Is Same-sex Marriage Egalitarian?p. 29
1.4 Civil Unionp. 39
1.5 Inequality between Married and Unmarried Peoplep. 42
Conclusionp. 45
2 Marriage as a Violation of Libertyp. 47
2.1 State-recognized Marriage versus the Marriage-Free Statep. 49
2.2 Political Liberalism: Neither Comprehensive nor Perfectionistp. 52
2.3 Marriage as Non-neutralp. 55
2.3.1 Meaningp. 57
2.3.2 Bundlingp. 64
2.3.3 Hierarchyp. 66
2.4 Political Liberalism and Other Statusesp. 67
2.5 Strict and Lax Neutralityp. 69
Conclusionp. 75
3 A Liberal Defence of Marriage?p. 77
3.1 Marriage as Communicativep. 78
3.2 Marriage and Gender Equalityp. 84
3.3 Marriage and Carep. 89
3.4 Marriage and Societyp. 97
3.5 Marriage and Childrenp. 102
3.5.1 Empirical factsp. 103
3.5.2 Neutral descriptionsp. 109
3.5.3 Children's interests versus other valuesp. 111
Conclusionp. 112
Part II The Marriage-Free State
4 The Limitations of Contractp. 115
4.1 The Appeal of Contractp. 117
4.2 Contract and Equalityp. 120
4.3 Contract and Libertyp. 124
4.4 Defacult Directives in a Contract Regimep. 125
4.5 Contract and Enforcementp. 128
4.5.1 Specific performancep. 133
4.5.2 Compensationp. 135
4.6 Relational Contract Theoryp. 139
Conclusionp. 141
5 Regulating Relationships in the Marriage-Free Statep. 142
5.1 Piecemeal not Holisticp. 144
5.2 Practice not Statusp. 150
5.3 Opting out not Opting inp. 161
5.4 Objections, Clarifications, Applicationsp. 165
5.4.1 The place for holistic thinkingp. 165
5.4.2 The relevance of commitmentp. 166
5.4.3 The need for international recognitionp. 168
Conclustionp. 168
6 Marriage in the Marriage-Free Statep. 170
6.1 Over-inclusivity: Polygamy, Incest, Forced Marriagep. 172
6.2 Under-inclusivity: Heterosexism, Racismp. 176
6.3 Internal Inequality: Sexismp. 187
Conclusionp. 199
Conclusionp. 201
Bibliographyp. 205
Indexp. 219