Alone Together: Law and the Meanings of Marriage

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Oxford University Press, 1999 M03 25 - 296 páginas
Contemporary marriage involves complex notions of both connection and freedom. On the one hand, spouses are members of a shared community, while on the other they are discrete individuals with their own distinct interests. Alone Together explores the ways in which law seeks to accommodate tensions between commitment and freedom in marriage. Author Milton Regan suggests that only close attention to context can guide us in deciding what weight to assign to each dimension of spousal identity in a given setting. This interdisciplinary work has relevance to family law, family studies, feminist legal theory, and the debate between liberal and communitarian social theorists.

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Contenido

Spouses and Persons
1
Markets and Marriage
31
Trust and Betrayal
87
Money and Divorce
137
Conclusion
199
Notes
207
Index
271
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Página 169 - The labour of his body, and the work of his hands, we may say, are properly his. Whatsoever, then, he removes out of the state that nature hath provided and left it in, he hath mixed his labour with, and joined to it something that is his own, and thereby makes it his property.
Página 1 - Yet the marital couple is not an independent entity with a mind and heart of its own, but an association of two individuals each with a separate intellectual and emotional makeup. If the right of privacy means anything, it is the right of the individual, married or single, to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child.
Página 209 - From that I knew that I was a substance the whole essence or nature of which is to think, and that for its existence there is no need of any place, nor does it depend on any material thing ; so that this
Página 169 - Though the earth and all inferior creatures be common to all men, yet every man has a property in his own person. This nobody has any right to but himself. The labour of his body, and the work of his hands, we may say, are properly his.
Página 18 - She was intensely sympathetic. She was immensely charming. She was utterly unselfish. She excelled in the difficult arts of family life. She sacrificed herself daily. If there was chicken, she took the leg; if there was a draught she sat in it - in short she was so constituted that she never had a mind or a wish of her own, but preferred to sympathize always with the minds and wishes of others.
Página 29 - But this construction provides the agent with one thought too many: it might have been hoped by some (for instance, by his wife) that his motivating thought, fully spelled out, would be the thought that it was his wife, not that it was his wife and that in situations of this kind it is permissible to save one's wife.
Página 239 - An ideal type is formed by the one-sided accentuation of one or more points of view and by the synthesis of a great many diffuse, discrete, more or less present and occasionally absent concrete individual phenomena, which are arranged according to those one-sidedly emphasized viewpoints into a unified analytical construct.
Página 211 - Each person possesses an inviolability founded on justice that even the welfare of society as a whole cannot override.
Página 98 - The consent of the parties is of course essential to its existence, but when the contract to marry is executed by the marriage, a relation between the parties is created which they cannot change. Other contracts may be modified, restricted, or enlarged, or entirely released upon the consent of the parties. Not so with marriage. The relation once formed, the law steps in and holds the parties to various obligations and liabilities.

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