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A Critique of Practice-Based Directives for Personal Relationship Law

Stanton, Robert
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Abstract

Whether a liberal state should sanction marriages, and if so, in what form, is a hotly contested topic in liberal political theory. This essay responds to a radical proposal by Clare Chambers to end state sanctioned marriage and replace the institution with a network of practice-based directives aimed at ensuring gender equality and liberty. I argue that this proposed framework suffers from the serious defect of not only failing to ensure liberty but actively undermining it due to the way directives will inevitably either include too many people under their scope to preserve liberty or too few to ensure equality. While the presence of this defect does not settle the debate concerning how liberal states should handle marriage, it makes clearer the tradeoffs involved in selecting new personal relationship law frameworks to replace marriage.

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Date
2020-05-08
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Research Projects
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Keywords
Political Philosophy, Marriage, Liberalism, Liberty, Equality, Law, Status
Citation
Stanton, Robert. "A Critique of Practice-Based Directives for Personal Relationship Law." 2020. Thesis, Georgia State University. https://doi.org/10.57709/16868067
Embargo Lift Date
2020-03-16
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