Alone Together: Law and the Meanings of Marriage - download pdf or read online

By Milton C. Regan

ISBN-10: 019511003X

ISBN-13: 9780195110036

Modern marriage contains complicated notions of either connection and freedom. at the one hand, spouses are individuals of a shared neighborhood, whereas at the different they're discrete people with their very own designated pursuits. Alone Together explores the ways that legislation seeks to house tensions among dedication and freedom in marriage. writer Milton Regan means that basically shut awareness to context can advisor us in finding out what weight to assign to every measurement of spousal identification in a given environment. This interdisciplinary paintings has relevance to relatives legislation, relations reports, feminist felony idea, and the controversy among liberal and communitarian social theorists.

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114 I explore this phenomenon in more detail in chapter 4, as part of my assessment of the role in economics in analyzing marriage. A third concept that is salient for a morality of the internal stance is trust. Trust is basic to attachment from the very beginning of a person's existence. As Annette Baier observes, an infant has no choice but to trust in her caregivers if she is to form the bond with them that enables her to survive. 115 Furthermore, even trust between adults can occur without conscious deliberation.

21 Many feminists have argued that the one set of attachments in women's lives that has not been subject to assessment from an external stance has been the family. 25 Historically, social contract theory explicitly applied only to the realm of "public" authority, characterized as a domain constituted by the voluntary consent of its participants. The "private" sphere of the family, however, was deemed inconsistent with this principle because of women's ostensible "natural" inclination to nurture and identify with others.

Many theorists have assumed that women have a comparative advantage with respect to household production, both because of biological differences and because women tend to invest most of their time on household tasks, while men focus primarily on market activities. 3'1 Traditional scholars more recently have acknowledged that the rise in women's potential market earnings have increased the opportunity costs of their specialization in household work, thereby reducing their comparative advantage in performing these tasks, 35 Nonetheless, the costs of child care, transportation, and domestic services, as well as the fact that women still on average earn less than men, still often mean that a couple maximizes at least its financial output by having a wife spend more time on domestic matters than does her husband.

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Alone Together: Law and the Meanings of Marriage by Milton C. Regan

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