In the history of ethics, it remains remains unclear how Christians of the Middle Ages came to see God-given virtues as dispositions (habitus) created in the human soul. Patristic works could surely support other conceptions of the virtues given by grace. For example, one might argue that all such virtues are forms of charity, so that they must be affections of the soul, or that they consist in what the soul does, not anything the soul has. Scholars usually assume that (...) the explanation lies in the impact of Aristotle's philosophy on medieval theology. This essay argues that the dispositional account of God-given virtues was already entrenched by the end of the twelfth century and probably owes more to the influence of Augustine's treatise On the Good of Marriage. (shrink)

In this article I argue that Augustine’s three marital goods of procreation, fidelity and sacrament correspond to the familiar Augustinian pattern of ascent as the self turns from outward to inward and then upward. I develop this reading as an alternative to the suggestion that three goods each reflect one of the Triune persons and through critical engagement with recent interpreters of Augustine’s theology of marriage.

Difficulties in the moral assessment of embryo transfer and adoption include distinguishing it from illicit procedures like IVF and cryopreservation, determining the moral status of the human embryo, and reconciling embryo transfer and adoption with the procreative and unitive aspects of marriage. Many scholars who support embryo transfer and adoption limit their discussion to heterologous embryo transfer, the transfer of a genetically unrelated embryo into the uterus of a married woman. In this paper, the author focuses on homologous embryo (...) transfer, the transfer of a genetically related embryo, as a viable option for married couples. It is the responsibility of the genetic mother to implant her embryos regardless of how they were created. When this option is not feasible, heterologous embryo transfer is possible in limited circumstances. (shrink)

Addressing controversy over same-sex marriage, I defend the privatization response: disestablish civil marriage, leaving the question of same-sex marriage to private organizations; detach civil rights from erotic affiliation; and grant legal equality through the mechanism of civil unions. However, the privatization response does not fully address one key conservative argument to the effect that (heterosexual) marriage constitutes a public good of such importance that civil society has a sustaining interest in it. I acknowledge the legitimate, even (...) profound, values or goods that marriage promotes, but contend that they are compatible withhomosexuality. Further, I argue that marriage is neither necessary nor sufficient for sustaining the goods that inhere in modern marriage. Thus, it is not clear that marriage is the best way for the state to promote these goods. Finally, I suggest that the core goods of marital commitment are moral and are not the proper subject of state regulation. (shrink)

The main goal of this paper is to present the philosophical explanation of the marital relationship according to the Polish philosopher Karol Wojtyła. In our research, our attention was focused mainly on his book Love and Responsibility; the early philosophical work of a young, 37 year old Professor of Philosophy at the Catholic University in Lublin, Poland. In his writings, Karol Wojtyła—the future Pope John Paul II—presents marriage as a monogamous, indissoluble relationship between a man and a woman, which (...) grows out of mutual love for the purpose of procreation. Such a relationship is ruled by the „personalistic norm" which says that a person can never, under any circumstances, be a mere object of enjoyment for another person, but can only be the object of love. Love is a self-giving for the good of one's counterpart, so Marriage as a personalistic unity persists as long as these persons are alive. Because love is fecund from its very essence, so it is fruitful from its nature. Thus, procreation belongs to the principle ends of marriage. Such an attitude—as K. Wojtyła proves—is opposed to the utilitarian point of view of man and Marriage. According to the utilitarian conception, a person can be used as a means for achieving the highest good, i.e., pleasure. (shrink)

In essays written throughout his career, Stanley Hauerwas has unfolded a Christian vision of the marriage bond and the presence of children that seeks insistently to place these seemingly natural bonds within the new family of God that is the church. I examine his understanding, aiming to appreciate the Christian vision displayed while also suggesting that his emphasis on the new thing God does in the church is sometimes allowed to absorb and thereby lose the distinctive significance of the (...) created bonds of marriage and family. (shrink)

Abstract. For the past two decades, I have been developing an integrative Christian marriage theory, based in part on a grounding concept of natural law and an overarching theory of covenant. The natural law part of this theory starts with an account of the natural facts, conditions, interests, needs, and qualities of human life, interaction, and generation—what I call the “premoral” goods or realities of life. It then identifies the natural inclinations of humans to form enduring and exclusive (...) monogamous marriages and to preserve these units as the central site for intimacy, procreation, and nurture of children. In this paper, I first summarize this natural law theory of marriage and then compare it to the formulations of other modern Christian thinkers. I also defend this theory against various modern critics of natural law—in part by reinterpreting some traditional natural law teachings that in my view have been misunderstood, in part by looking at the interesting convergences between the insights into sex, marriage, and family life offered by contemporary Christian theological ethicists and by evolutionary biologists and biological anthropologists. (shrink)

What is at stake in the conversation over same-sex marriage is competing definitions of marriage. -/- One good argument for same-sex marriage depends on a definition that came to prominence after the sexual revolution. A different understanding of marriage was prominent in the nineteenth century, and this shows that Obergefell was wrongly decided, at least as far as Originalist understandings of law are concerned. -/- Accordingly, the nature, purpose, and function of marriage, and what people (...) think of them, are important for understanding the requirements of Constitutional law. -/- The teleology of marriage is a topic philosophers and theologians are well suited to study, and thus philosophy and theology have much to contribute to the study of law and to all the other disciplines interested in marriage. (shrink)

A familiar theme in Greek myth is that of the deadly gift that passes between a man and a woman. Analysis of exchanges between men and women reveals the gendered nature of exchange in ancient Greek mythic thinking. Using the anthropological categories of male and female wealth , it is possible to arrive at an understanding of the protocols of exchange as they relate to men and especially to women. These protocols, which are based in part on the distinction between (...) metals and other durable goods as "male" and textiles as "female," are closely related to the gendered division of labor. Anxiety about women as exchangers derives in part from their status as objects exchanged in marriage , and partly from a misogynist and pessimistic strand of Greek thought that discounts any female economic contribution to the oikos. Indeed, the majority of destructive exchanges take place within the context of marital crisis. While some texts, beginning with the Odyssey, show the positive side of women's economic role, tragedy tends to follow the Hesiodic distrust of women as exchange partners. Passages from the Agamemnon and the Trachiniai are analyzed to show how in situations of perverted reciprocity brought about by marital discord, even women's traditional gifts of textiles may become deadly. (shrink)

In this article I seek to address some misunderstandings in arguments about same sex-marriage. I do this by evaluating several views on homosexuality and marriage. My central aim is to show that a rejection of same-sex marriage does not depend upon the view that homosexual acts are immoral or disordered. Rather, one must examine sexual acts in light of public goods that are at stake. I also argue that the Christian understanding of marriage and sexuality (...) offers more than a set of prohibitions against certain sexual acts. Rather, it offers reasonable principles by which to evaluate the relationship between sexual acts and the public good. (shrink)

In this article I seek to address some misunderstandings in arguments about same sex-marriage. I do this by evaluating several views on homosexuality and marriage. My central aim is to show that a rejection of same-sex marriage does not depend upon the view that homosexual acts are immoral or disordered. Rather, one must examine sexual acts in light of public goods that are at stake. I also argue that the Christian understanding of marriage and sexuality (...) offers more than a set of prohibitions against certain sexual acts. Rather, it offers reasonable principles by which to evaluate the relationship between sexual acts and the public good. (shrink)

Marriage distance is an important variable in human genetics. The distribution of marriage distance has been studied among the Santals, a large agricultural tribe of eastern India, in the neighbourhood of Giridih, Bihar. A Type III Pearsonian curve was fitted to the observed distribution; the fit was found to be good. Possible explanations have been suggested for the distribution pattern among the Santals and for the difference with respect to this pattern between the Santals and other populations.

According to the New Natural Law theory, marriage is a basic good. This means that marital society is an end in itself, and that marital intercourse instantiates that end by making the married couple to be “one-flesh.” This one-flesh union finds its intrinsic fulfillment in the procreation of children, but should not be seen as a mere means to the begetting and rearing of offspring. This view of marriage represents a departure from the traditional understanding of marriage (...) as having its ultimate raison d’être in the begetting and rearing of offspring, and has significant implications for judgments concerning the liceity of embryo adoption/rescue. This paper offers a critical appraisal of the thesis that marriage is a basic good. (shrink)

A philosophical inquiry into whether, and, if so, why, marriage is good.

Divorce is not the biggest threat to marriage. Discouragement is. You’ve probably heard the grim facts: Half of all marriages end in divorce. The divorce rate inside the church is the same as outside. Most marriages are just holding on. But what if these “facts” are actually myths? In The Good News About Marriage, best-selling author Shaunti Feldhahn presents groundbreaking research that reveals the shocking, incredibly inspiring truth: · The actual divorce rate has never gotten close to 50 (...) percent. · Those who attend church regularly have a significantly lower divorce rate than those who don’t. · Most marriages are happy. · Simple changes make a big difference in most marriage problems. · Most remarriages succeed. For too long, our confidence in marriage has been undermined by persistent misunderstandings and imperfect data. This landmark book will radically change how we think and talk about marriage—and what we can dare to hope from it. “Shaunti takes aim at marriage myths that have spread like a cancer through our culture–myths that have become self-fulfilling prophecies. This book is packed with game-changing revelations. Like this one: Not only are most people staying married, they are happy in their marriages!” –Emerson Eggerichs, best-selling author of Love and Respect. (shrink)

With the exception of the occasional Damn-you-to-Hell types such as Mr Owen Burke of Timaru (ODT, 7/7/04), most opponents of the Civil Unions Bill like to pretend that they are not doing it out of hostility to homosexuals (who they sometimes, rather patronizingly, claim to love as people) but out of zeal for the institution of marriage. If civil unions are allowed, marriage will be damaged, and that is why they are against the Bill. The problem with this (...) rationale is that it is obviously false. Civil unions won’t damage marriage. And this so very obvious that it calls into question either the good sense or the good faith of those (like the Catholic Bishops and the members of the United Party) who proclaim that it is a zeal for holy matrimony rather than a dislike of a deviant minority that dictates their political conduct. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:diacritics 35.4 (2005) 23-41MuseSearchJournalsThis JournalContents[Access article in PDF]"With Conscious Artifice" Auden's Defense of MarriageSusannah Young-ah Gottlieb1 "Auden Said That?"The greatest lesson of life comes from Auden—sort of.In Mitch Albom's Tuesdays with Morrie: An Old Man, A Young Man, and Life's Greatest Lesson, a line attributed to Auden forms the lesson around which the "runaway bestseller" revolves. As the first paragraph of the book explains and the last paragraph repeats, (...) the book recounts a pedagogical encounter between Mitch and a retired Brandeis professor of Social Psychology, Morrie Schwartz, who is dying of ALS: "The last class of my old professor's life took place once a week in his house, by a window in the study where he could watch a small hibiscus plant shed its pink leaves. The class met on Tuesdays. It began after breakfast. The subject was The Meaning of Life" [Albom, 1, 192]. Several years earlier Mitch had written his senior thesis under Morrie's direction. Upon learning of Morrie's condition from an episode of Nightline entitled "Life's Lessons," Mitch visits his dying teacher and finds his own feelings of "confusion and depression" [44] healed under Morrie's tutelage. From the first "class" of their renewed relationship Morrie emphasizes that contemporary culture condemns those under its influence to a "meaningless life" [43] and that the confusion Mitch experiences belongs to the entire era—and so, too, an urgent need for clarity. Mitch, in turn, sees in Morrie someone who, by virtue of his life-affirming wisdom and his proximity to death, can identify those "important things" that can fill the cultural vacuum about which he, as a sports reporter, knows all too well. On the fifth of their unofficial Tuesday "office hours," Morrie begins to fulfill his former student's expectations. Clarity comes in an imperative the old professor attributes to Auden:"Love is so supremely important. As our great poet Auden said, 'Love each other or perish.'""Love each other or perish." I wrote it down. Auden said that?[91]The line in question could scarcely be clearer, for it represents life in terms of a stark decision: love or death. Despite the simplicity of this choice, however, the scene is curiously complex, as if Mitch, against his explicit intentions, wants to dampen the effect of Morrie's wisdom. That Mitch writes down the line "Love each other or perish" is itself odd—even more so that he writes that he writes it down. As the beginning of the chapter explains at length, the conversation is being recorded, so that all of Morrie's wisdom may be preserved. The act of writing under these circumstances is less a sign of confidence in the supreme importance of the quotation in question than an indication of a degree of unresolved confusion: "Auden said that?" The confusion in this case cannot be attributed [End Page 23] to contemporary culture; rather, it consists in certain philological problems of citation: is Auden the author of the line, and if so, is it correctly rendered? Perhaps under the direction of another Brandeis professor, Mitch had learned and retained the famous last line of the penultimate stanza of Auden's "September 1, 1939": "We must love one another or die."1 Perhaps Mitch, or his publisher, having done some research, wants to signal an awareness of Morrie's misquotation but nevertheless remain faithful to the exact words of his teacher. And in any case who would care about such matters when something of great importance, indeed "life's greatest lesson," has just been articulated?Mitch's curiously inappropriate question does not, however, altogether disappear from Tuesdays. In response, Morrie does not so much insist on the accuracy of the quotation as on its goodness and truth:"Love each other or perish," Morrie said. "It's good, no? And it's so true. Without love, we are birds with broken wings."Say I was divorced, or living alone, or had no children. This disease—what I'm going through... (shrink)

This essay argues that marriage is to be defined as an exclusive, indissoluble union of one man and one woman with openness to children. The nature of marriage is approached through an exploration of the nature of love, understood as willing the good of the other. From this study, marriage’s essential characteristics of exclusivity, indissolubility, heterosexuality, and fruitfulness emerge. A brief consideration of the role of the state and its interest in marriage shows that the legal (...) definition of marriage should not deviate from this reality. National Catholic Bioethics Quarterly 11.2 (Summer 2012): 267–275. (shrink)

How is love different from lust or infatuation? Do love and marriage really go together “like a horse and carriage”? Does sex have any necessary connection to either? And how important are love, sex, and marriage to a well-lived life? In this lively, lucid, and comprehensive textbook, Raja Halwani pursues the philosophical questions inherent in these three important aspects of human relationships, exploring the nature, uses, and ethics of romantic love, sexuality, and marriage. The book is structured (...) in three parts: _Love_ begins by examining how romantic love differs from other types of love, such as friendship and parental love. It asks which properties of love are essential, whether people have a choice in whom they love, and whether lovers have moral obligations to one another that differ from those they owe to others _Sex_ demonstrates the difficulty in defining sex and the sexual, and examines what constitutes good and bad sex in terms of pleasure, 'naturalness', and moral permissibility. It offers theoretical and applied ethical approaches to a wide range of sexual phenomena _Marriage_ traces the history of the institution, and describes the various forms in which marriage exists and the reasons why people marry. It also surveys accounts of why people should or should not marry, and introduces the main arguments for and against gay marriage. Features include: suggestions for further reading online eResource site with dowloadable discussion questions a clear, jargon-free writing style. (shrink)

Oregon State University, USA, andrew.valls{at}oregonstate.edu ' + u + '@' + d + ' '//--> In this article, we draw an analogy between the regulation of market language (including official definitions of `organic', `ice cream', and `diamond') and the regulation of the social and legal label `marriage'. Many of the issues raised in the debate over same-sex marriage are less about access to material benefits than about the social and cultural meaning of `marriage'. After reviewing the issues (...) in this debate, we present an analysis of the regulation of language in the marketplace. We discuss the considerations that shape how the state regulates language in the marketplace, if it regulates it at all. Using this framework to analyze the issue of same-sex marriage allows us to identify the costs and benefits of different proposals with regard to marriage, and allows us to distinguish issues that are often conflated. Contrary to its opponents, we argue that making marriage available to same-sex couples does not violate the meaning of `marriage' or destroy marriage, because such a change is similar to many other changes in which words and labels are extended to include new `goods'. This alters the meaning, but does not destroy it, and it does not preclude the possibility of further linguistic innovation to maintain a distinction. Contrary to proponents of same-sex marriage, however, we argue that extending marriage to same-sex couples is not cost-free. There are costs and benefits of any policy on this issue — costs and benefits related to information and status, as well as material resources. Hence, while we agree with advocates of same-sex marriage, we argue that their position involves trade-offs and costs that they sometimes fail to recognize. Key Words: gay marriage • marriage • language regulation. (shrink)

Definition of the problemThe options of reproductive medicine are expanding. In some cases, it is unclear whether there is a medical indication for applying procedures of assisted reproduction or whether this application is wish-fulfilling. The distinction between medical indication and wish fulfilment depends on the concept of indication. Thus, the concept of indication has a special status in reproductive medicine. The distinction between medical indication and wish-fulfilling treatment is mostly based on implicit or explicit normative judgements, rather than on mere (...) clinical facts. The use of “indicated” suggests a purely empirical-clinical judgment, whereas the normative judgements behind the concept are concealed. The aim of this paper is to analyze the normative implications of indication in reproductive medicine. Therefore, the concept of indication and its special status within reproductive medicine is scrutinized.ArgumentsThe analysis shows that the normative implications of indication are tied to a sociocultural script of parenthood, which manifests in the regulations of reimbursement. This script encompasses societal views, norms, and role models, and can be described as “good parenting”. The script of good parenting acts as a regulatory instance that determines the access to procedures of assisted reproduction. It is based on traditional heteronormative concepts of marriage and family, and reserves reproduction exclusively for heterosexual, married couples.ConclusionThe sociocultural script of good parenting in reproductive medicine implies a contradiction: Assisted reproduction technologies provide the opportunity of reproduction for individuals outside the heteronormative frame, yet they are legitimized and limited by this exact frame. (shrink)

Institutions, if unjust, ought to be reformed or even abolished. This radical Rawlsian thought leads to the question of whether the family ought to be abolished, given its negative impact on the very possibility of delivering equality of life chances. In this article, we address questions regarding the justice of the family, and of marriage, and reflect on rights, equality, and the provision of social goods by institutions. There is a temptation to justify our social institutions in terms (...) which highlight their universal accessibility and benefits. But we may best understand the claim of some of our most important institutions where we recognize that they are forms of social good which may legitimately benefit some without having to benefit all. Their abolition is unjustified where there is sufficient value in them given our collective needs that it is unreasonable for some to refuse the means to maintain and promote these goods. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:AN ANTHROPOLOGICAL VISION OF CHRISTIAN MARRIAGE GERMAN MARTINEZ Fordham University Bronx, New York VIEWED FROM the institutional, interpersonal, or religious standpoint, marriage is not a distinctively Christian phenomenon, but it is a human partnership with inherently religious symbolism. Consider the complexity of its dimensions : it is a personal bond that is consummated in a sexual relationship; yet its full human reality contains different levels of meaning (...) which point to a transcendent mystery; it is secular and social and at the same time spiritual and personal. Philosophical anthropology and the phenomenology of religion explore these dimensions and stress the complexity of marriage. An entire range of questions stem from the nature and mystery of the conjugal bond as well as from the multiplicity of forms in which this human partnership has been realized in different historical periods and cultures. Precisely because marriage actually takes place in a concrete historico-cultural context, theological reflection must recognize the complexity of this human experience, and this calls for interdisciplinary study. Theological anthropology sees a profound meaning in the created reality of marriage, for it recognizes therein the essential components of a community of love open toward God. An understanding of human values reveals how the experience of marriage touches the roots of people's lives; an understanding of redemption reveals how marriage belongs to both the order of creation and the order of redemption. An anthropological approach is essential. " In good theology one can no longer adopt the simplistic distinction between ' natural mar451 452 GERMAN MARTINEZ riage' and 'sacramental marriage....'" 1 Marriage is not only a meaningful sign of an anthropological reality but also the expression of the human response toward transcendence. Furthermore, the lived experience of marriage in modern society makes us more and more conscious of human existential needs, and theology has to interpret and respond to them in correlation with the content of faith. Against the background of the human sciences and our awareness of the present historical reality, study of this complex experience that is marriage calls for constructive reflection on its anthropological roots. That is where the sacramental mystery is anchored. The crisis in the theological understanding of marriage stems primarily from a crisis of culture, and new anthropological perspectives can establish the possibility of a more personal theology. In fact, the underestimation of its human values or, more precisely, the lack of a personalist anthropology and of an adequate theological consideration of sexuality has been at the root of the weakness of the traditional approach to marriage.z As Theodore Mackin puts it, " The marriage sacrament, like all sacraments, has as its matrix a complex human experience. And there is no understanding of the sacrament unless we first understand its 1 W. Ernst, "Marriage as Institution and the Contemporary Challenge to It," in Contemporary Perspectives on Christian Marriage, ed. R. Malone and J. R. Connery (Chicago: Loyola University Press, 1984), p. 69. The following studies are especially valuable in terms of an anthropological approach to Christian marriage: J. Ratzinger, "Zur Theologie der Ehe,'' in Theologie der Ehe, ed. H. Greven (Regensburg 1972), pp. 81-115; H. Doms, "Zweigeschlechtlichkeit und Ehe,'' in Mysterium Salutis, ed. J. Feiner and M. Lohrer, vol. 2, pp. 707-750; T. Mackin, "How to Understand the Sacrament of Marriage,'' in -Commitment to Partnership; Explorations of the Theology of Marriage, ed. W. P. Roberts (New York: Paulist Press, 1987), pp. 34-60. z Two major Catholic documents of the magisterium insist on the need for further theological reflection in terms of the personalistic reason behind the theology of marriage: John Paul II, The Apostolic Exhortation on the Family (see Origins, 2 (1981): 438-467); Gaudium et Spes, 47-52 (ed. W. M. Abbot, pp. 249-259). " The beginning, the subject and the goal of social institutions is and must be the human person, which for its part and by its very nature stands completely in need of social life" (Gaudium et Spes, 25; Abbott ed., p. 224). VISION OF CHRISTIAN MARRIAGE 453 matrix-experience." 3 In theological terms, the covenant v1s1on governs the partnership reality, but that divine call without this created reality would be meaningless. While the present essay does not include all the... (shrink)

Children may be viewed as public goods whereby both parents receive equal genetic benefits yet one parent often invests more heavily than the other. We introduce a microeconomic framework for understanding household investment decisions to address questions concerning conflicts of interest over types and amount of work effort among married men and women. Although gains and costs of marriage may not be spread equally among marriage partners, marriage is still a favorable, efficient outcome under a wide (...) range of conditions. This bioeconomic framework subsumes both cooperative and conflictive views on the sexual division of labor. We test hypotheses concerning marriage markets, assortative mating, and men’s labor motivations among Tsimane forager-horticulturalists of Bolivia and find that: (1) men and women both value work effort in marital partners, (2) marital labor contributions are complementary, (3) work effort is correlated between spouses, (4) total production is correlated with total reproduction, and (5) better hunters have higher fitness gains within marital unions. (shrink)

At the annual conference of The American Psychiatric Association (APA) in Miami, there was a workshop entitled "Family Crisis". The results of a study said that in the last 30 years, 60% of families in the United States ended in divorce, and 70% of their children did not develop well, behave deviant or antisocial. For example seen juvenile delinquency, abuse of NAZA (Narcotics, Alcohol, and other Addictive Substances), promiscuity, deviant sexual behavior and so on. It was also stated that divorce (...) rates are increasing, marriages are decreasing because many people choose to live together without marriage or single life and free sex. Disloyalty (abuse) among families in the US turned out not to be the monopoly of husbands alone, but 40% of the wives there were also involved in affair with third parties. Of the five marriages in the first five years, three divorces occurred. The author gives the purpose of writing to discuss the crisis in the household, rebuild the household and give Christian values ​​in counteracting divorce. The author uses descriptive literature research method data and provides research results: How a harmonious family can be established dynamically if we base our family building on the basis of strong Christian spirituality values ​​accompanied by a fabric of good communication between us and our children. Surprisingly few studies have explored the implications of divorce happened because family can not be established, especially in young adulthood. This study addresses several theoretical arguments linking divorce in the side of spiritual value with reduced religious involvement in young adulthood and tests relevant hypotheses using data from a unique sample. Results show that divorce in the side of spiritual value is associated with substantially lower communicate religious involvement among young adults in their families house. (shrink)

This book defends the conjugal view of marriage. Patrick Lee and Robert P. George argue that marriage is a distinctive type of community: the union of a man and a woman who have committed to sharing their lives on every level of their beings (bodily, emotionally, and spiritually) in the kind of union that would be fulfilled by conceiving and rearing children together. The comprehensive nature of this union, and its intrinsic orientation to procreation as its natural fulfillment, (...) distinguishes marriage from other types of community and provides the basis for the norms of marital exclusivity and permanence. Lee and George detail how the basic moral norms regarding sexual acts follow from the ethical requirement to respect the good of marriage and explain how the law should treat marriage, given its conjugal nature, examining both the same-sex-marriage issue and civil divorce. (shrink)

This essay applies the principle of justice as fairness to the issue of same-sex marriage. I will outline Rawls’s theory of justice, including the original position and the veil of ignorance as the means by which choosers craft a just state. In considering whether same-sex marriage should be permissible, I argue that a just society, formulated in the Rawlsian context of justice as fairness, should allow them. I assert that gays and lesbians do count as equal citizens because (...) they possess the minimum requirements of the capacity for a sense of justice, a conception of the good, and the ability to be cooperating members of society. Furthermore, within the original position gays and lesbians will be represented because choosers do not know their sexual orientation because it is one of the individual characteristics that are withheld behind the veil. Since the choosers do not know their sexual orientation, they will be unable to use that information in their construction of what counts as a just state comprised of free and equal citizens. Because the family, and the institution of marriage as a primary manifestation of the family, is one of the major social institutions within the basic structure, limitations must be carefully scrutinized. (shrink)

In the spirit of Augustine’s own “Reconsiderations,” and inspired by Peter Brown’s act of “reconsidering” in the Epilogue to Augustine of Hippo (new edition), this essay offers a reconsideration of Augustine’s work On Marriage and Concupiscence. Key to the reconsideration of this text is a reconsideration of the role of the “sacrament” of marriage in Augustine’s articulation and defense of the goods of marriage and of human sexuality. For Augustine, Julian’s advocacy of concupiscence as an innocent (...) natural desire amounts to a dangerous sentimentalization of fallen human freedom. Such sentimentalization masks the investments of the fallen will in the will to power or, in Augustinian terms, the preference for power over justice. Because sexual concupiscence, as Augustine famously argued, has no natural object, but, rather, is invested only in its own gratification, it is therefore a function of the preference for power over justice without remainder. It is a mark of the Fall that the procreative increase in human community willed by God is now ineluctably linked to the will to power, as though the will to power were the true source of social solidarity. The sacramental good of marriage enables married couples to “use” concupiscence in such a way that all of the goods associated with human sexuality can be experienced as true goods instead of as realities constitutively defined by the will to power. (shrink)

This article argues for separating the institutions of marriage and parenting, conceptually and legally. Marriage is neither necessary nor adequate for fostering cooperative and stable co-parenting. Because promoting marriage fails to protect all children, the state should develop a more suitable formal mechanism whereby co-parents can commit to cooperate in good faith in order to best serve the interests of their children. Like civil marriage, many of the terms of these contracts are aspirational and not enforceable, (...) though they can guide arrangements for custody and financial support. Co-parenting agreements need not be limited to two parents, nor need they be limited to legal parents, but can include de facto parents, such as stepparents, foster parents, and other support parents. One important aim of these agreements is to recognise and support the valuable work that married or unmarried co-parents perform, and to protect the parental rights of caregivers in different kinds of situations. (shrink)

Women in the nineteenth century were the worst victims of patriarchy, socio-cultural norms and class difference. It was not a good time for women. In the Victorian era, women did not have the right to vote, own property or come out of the violent marriage. This picture has been painted by many writers of the time. Of all the Victorian novelists, Eliot and Hardy have the gifted ability to chart the women situation from all angles. Both writers show that (...) women had few rights and privileges. The socio-cultural and economic factors further contributed to women’s oppression. Women were expected to remain attached to the domestic sphere. Marriage is one such institution, which during the Victorian period became a tool for women’s exploitation and subjugation. The heroines and protagonists suffer due to social and moral taboos. Mismatch in marriage leads to several problems for the couple and their respective families. George Eliot in her novel Middlemarch and Thomas Hardy in his work The Return of the Native, portray the heroines who decide to step into life that is just contrary to their expectations and later regret their decisions. This paper would attempt to analyze the repercussions of their choices and compare their nature and the line of action these heroines take to deal with the situation they are placed into. (shrink)

In Documentalità, Maurizio Ferraris presents marriage as a paradigmatic instance of a social object whose essence is constituted by the generation of documents. This claim appears to hold good for some of the standard forms of matrimony recognised within the Roman Law tradition. The case is put for saying that, nevertheless, the appeal to documents puts the cart before the horse: the validity of a marriage depends, if anything, on the behaviour of the participants in it as much (...) before as after any supposed document-generating ceremony. (shrink)

Recent defenses of same-sex marriage and polygamy have invoked the liberal doctrines of neutrality and public reason. Such reasoning is generally sound but does not go far enough. This paper traces the full implications of political liberalism for marriage. I argue that the constraints of public reason, applied to marriage law, entail ‘minimal marriage’, the most extensive set of state-determined restrictions on marriage compatible with political liberalism. Minimal marriage sets no principled restrictions on the (...) sex or number of spouses and the nature and purpose of their caring relationships, nor on which marital rights are exchanged, and whether they are exchanged reciprocally or asymmetrically. Minimal marriage supports adult care networks, urban tribes, friendships, and other forms of relationships as well as ‘traditional’ marriages. I provide a publically justifiable rationale for a legal framework supporting non-dependent caring relationships between adults. The argument is that caring relationships are primary goods, and that liberal justice accordingly requires legal frameworks supporting caring relationships. Minimal marriage is one such framework. (shrink)

A powerful objection to civil marriage claims that it violates the principle of liberal neutrality because the institution implies state endorsement of matrimony as an ideal type of personal relationship. The chapter argues that this neutrality objection is cogent only if certain empirical conditions fail to be met. These conditions concern both the nature and the effects of the social norms that stipulate the intentions and beliefs necessary for good faith entrance into marriage. In certain circumstances, the presumptively (...) permanent nature of marital relationships supports a cogent justification of civil marriage without any implication of state endorsement of the matrimonial ideal. (shrink)

Over the past one hundred years, Catholic sexual ethics has become more hospitable to sexual bonding as a good that is distinct from procreation. However, our increasing knowledge of women’s sexual pain disorders highlights ongoing problems with official Catholic sexual ethics. This essay argues that the Catholic Church still reproduces gendered social scripts that unwittingly encourage heterosexual women to ignore their sexual pain and continue to engage desperately in intercourse, out of an exacerbated concern to satisfy male partners. These are (...) tactics that only prolong and deepen women’s sexual suffering. Further, insights about the various options for women’s healing from sexual pain concretely suggest more liberative sexual scripts: the importance of women’s non‐obligatory, embodied desire and the need to reject intercourse as the compulsory norm for all sexual activity. Ultimately, women’s experiences of having sexual pain and healing from it lead to revisions in Catholic sexual ethics at a fundamental level. (shrink)

John Fisher, Cardinal-Bishop of Rochester, defended papal supremacy and the indissolubility of marriage in defiance of Henry VIII and Parliament and was the only Bishop who refused to take the Oath of Supremacy.1 He was imprisoned in the Tower of London in 1534 and was subsequently executed for treason in 1535. A full appreciation for Fisher's importance in English, continental, and Catholic history should include an examination of Fisher's theology not only because it informed his historic refutation of Henry's (...) claims which won him the martyr's crown, but also because Fisher's works were widely read and often referenced at the Council of Trent.2 Ruard Tapper claimed that 'Fisher's works were in everyone's hands.'3... (shrink)

The issue of same-sex marriage continues to be controversial in the United States. Opponents of same-sex marriage offer a variety of objections in defense of their position. One such objection (which I identify as the Inability to Love objection, or ILO) is that legalizing same-sex marriage would promote a counterfeit good (homosexual marriage) as a genuine good (heterosexual marriage), since homosexuals are incapable of genuine, full erotic love. Proponents of ILO argue that homosexuals are incapable (...) of genuine erotic love because all homosexual relationships lack genuine sexual and affective complementarity. Relying on the arguments of Gareth Moore, I argue against ILO, claiming that it rests on an erroneous conception of desire. Once this conception of desire is corrected, the mythof “homosexual desire” is debunked and along with it the main argument in support of the claim that homosexuals are incapable of love. (shrink)

The ideal city of Plato could only come true if three great and unlikely changes were made in the state. Neither Plato's contemporaries nor later generations have been able to breast the second of these ‘waves,’ which brings in a new order of marriage for guardians. The scheme is condemned as not only not good or possible—the Platonic tests—but as inconsistent with itself and with the account given in the Timaeus. The parts under censure are the so-called table of (...) prohibited affinities and the sanction of infanticide. It would be strange to find discrepancies in a proposal so important for Plato's state that details cannot well be left to some Damon, and I hope to show that difficulties arise only when critics do not place themselves exactly at Plato's point of view. He conceived a certain problem with sharp outlines, and his answer is precisely adapted to that. The first wave left the guardians as a family of men and women living in common. How was it possible to preserve this communal life and provide for the future of the guardian class? If the rulers failed to choose aright here, an oracle foretold the decay of the city . Therefore Plato's rigid preoccupation in the second wave is to secure for the archons entire control over the birth of guardian children. Otherwise the community will sink into mere promiscuity and the stock will degenerate. In short, Plato tries to ensure that, apart from the necessary getting of children for the state, the guardians shall be friends and not lovers. Our special problems arise from the two questions—πως παδοποιήσονtαι, καì γεκομÉνους πως θρÉψουσι; . Let us begin with the first of these. (shrink)

As its title suggests, Robert Audi’s The Good in the Right1 defends an intuitionist moral view like W.D. Ross’s in The Right and the Good. Ross was an intuitionist, first, in metaethics, where he held that there are self-evident moral truths that can be known by intuition. But he was also an intuitionist in the different sense used in normative ethics, since he held that there are irreducibly many such truths. Some concern the intrinsic goods, which are in turn (...) plural, so there are prima facie duties to promote pleasure, knowledge, virtue, and just distributions. But others are deontological, requiring one apart from any consequences to keep promises, not lie, make reparations, express gratitude, and not injure others. Audi embraces both these intuitionist views, but in each case with an important addition. Ross sometimes said that if a proposition does not need proof, it is incapable of proof, or cannot be justified inferentially. Audi argues persuasively that this is not so. A proposition that is selfevident, in the sense that understanding it justifies one in believing it, can also be derivable from other self-evident propositions in a way that increases its justification. And he exploits this possibility in his normative ethics. Whereas Ross held that his prima facie duties are underivative, Audi suggests that, while self-evident, they can also be grounded in a more abstract principle. More specifically, he argues in Chapter 4 of his book that they can be grounded in Kant’s categorical imperative, which he applies primarily in its second, or formula of humanity, version. The result is to transform what Audi calls Rossian intuitionism into Kantian 1 intuitionism, where specific duties about promoting pleasure and keeping promises derive from a more fundamental requirement to respect rational personhood. I will not challenge Audi’s version of metaethical intuitionism, which I think is the most subtle and persuasive yet given. Nor will I question his normative starting-point in Ross’s theory of prima facie duties, which I find unimpeachable.. (shrink)

In this article I consider whether there a right to incestuous marriage. I begin by suggesting that the liberal state get out of the "marriage" business by leveling down to a universal civil union or "registered domestic partnership" status. Removing the symbolism of the term "marriage" from political conflict, privatizing it in the same way as religion, would have the advantage of both consistency and political reconciliation. The question is then whether incestuous unions should be both legal (...) and eligible for this status. I argue that the arguments compatible with public reason for prohibiting them outright, or even for excluding them from the permissible types of legally registered partnerships, are quite weak. The objections to allowing such relations are those from (1) child abuse; (2) unfair burdening of society; and (3) the creation of bad lives. I argue that while rape and other forms of child abuse would be no more legal or tolerated than they are now, the concern about any form of weakening a society's legal and political resources to combat such abuses does indeed register on the justificatory scale, but does not prove that such first-degree incestuous sexual relations are inherently bad enough to warrant intervention in their own right. I then argue that the concern about unfairly burdening society with unhealthy persons is not as dangerously totalitarian as we might initially fear, but nor is it strong enough to justify an outright prohibition. Finally, I argue that a concern to dissuade persons from creating certain kinds of lives (children with extreme birth defects) is also not as dangerously totalitarian as we might initially fear, and in fact goes further towards explaining why we might have a legitimate interest in intervening. Nonetheless, I argue that the criminalization of such acts only make sense when they are indicators of other offenses, namely negligence or abuse, and it thus seems that the act of consanguineous reproduction is itself insufficient. One potentially surprising conclusion of this inquiry is that far from creating strong reasons for tolerating these practices, religious or cultural reasons for valuing incest (as well as polygamy) actually seem to count against tolerating them. The reason is that from a liberal perspective, tolerating polygamy and incest involves the assumption that it is possible to disassociate polygamy and incest simpliciter from abusive practices associated with them, including environments where children are raised to devalue their own sexual (and other) autonomy. However, the presence of comprehensive doctrines which include polygyny or incest as part of a good life actually makes it harder to justify disassociating polygamy and incest themselves from the likely abuse and coercion practiced by those who would value polygyny or incest. (shrink)

This article analyses some familiar arguments both for, and against, same-sex civil marriage. I argue that it is not enough to defend gay marriage by a simple appeal to equality, unless one addresses the view that same-sex marriage would be contrary to the objective nature and purpose of marriage. I illustrate the ways in which a stand-off is reached in discussions of this particular matter. I also suggest that there is a mystery about what the from (...) a faithful relationship to marriage amounts to, but that part of the answer is that marriage embodies a state-recognized social transition. This is underpinned by the interest that society has in marriage, largely owing to its facilitating a stable environment for children. However, I suggest that marriage also properly functions as a way to uphold commitment and love, and conclude that that there is no good reason not to uphold those things in same-sex relationships. But I concede that religious organisations with theological objections to same-sex marriage should not be obliged to conduct gay weddings. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:“Till Death Do Us Part”? Buddhist Insights on Christian MarriageWioleta PolinskaHigh divorce rates and declining marriage rates in Western societies draw the attention of many scholars to the fragility of contemporary marriages.1 Rampant individualism, permissive divorce law, and softening stance on divorce by mainstream Christian denominations are all listed as culprits responsible for the current marriage crisis.2 These conventional accounts, however, overlook important insights gathered by historians (...) of marriage, insights that point to a dramatic shift in the concept of marriage that occurred more than two hundred years ago. According to Stephanie Coontz, “the invention of the historically unprecedented idea that marriage should be based on love and mutual affection” 3 is responsible for greater fragility, but also for creating good, satisfying marriages that bring much happiness to people’s lives.4 Thus, the very source of fragility (the search for love and mutual affection) is also a source of deep connections and lasting relationships. While the fragility accompanying contemporary marriage is here to stay, our efforts to build strong unions need to be carefully evaluated. In what follows, I will address Christian and Buddhist approaches that aim at protecting the stability of marriage. To strengthen marriage, Christianity, from early on, focused on the permanence of marriage whether understood as a sacrament or, later on, as a covenant. Christian wedding vows that promise love, care, and enduring partnership “till death do us part” capture well the prevailing theology of Christian marriage. In contrast, Buddhism employs a concept of impermanence that implies an ever-changing reality that warrants no finality. Recent studies in psychology of mindfulness meditation show that such Buddhist concepts can translate well into effective skills for those in loving relationships. I will suggest that Christian theology might become more successful at preserving the stability of marriage by becoming less focused on the finality of couples’ bonds, and instead attending to the present reality of couples’ relationships.It is well documented that before the seventeenth century marriages were arranged by parents and fulfilled primarily political, economic, and social functions rather than individual needs. Marriage was seen as a means of enlarging one’s economic enterprise, acquiring powerful in-laws, strengthening military alliances, or (for the less [End Page 29] privileged) enlarging the family’s labor force.5 This is not to say that the notion of romantic love was unknown until the seventeenth century, but that it was not closely associated with marriage.6 In aristocratic courts of southern France, for example, romantic love appeared between an unmarried man and a married woman, and it should have been either unconsummated or adulterous.7 As late as the eighteenth century, a “sudden falling head over heels in love, although a familiar enough psychological phenomenon, was thought of as, a mild form of insanity” and an unreasonable basis for marriage.8 Romantic love became widely accepted only in the nineteenth century under the influence of Enlightenment thought, ideals of the French and American Revolutions and of the romantic movement.9Romantic love as an expression of an individual’s desire for fulfillment has its dark side, as it can unleash selfish concerns. Thus, Robert A. Johnson, a Christian theologian, defines romantic love as “airy, fantasy, projections, and an evanescent high. It is fundamentally egotistical—fixated on its own wants and whims. It can never lay the foundation for personal commitments.” 10 The Vietnamese Buddhist monk Thích Nhất Hạnh (b. 1926) states that love can become a kind of sickness when it forms an attachment, similar to drug dependency. When we are under its spell, we are preoccupied with the object of our love and we desire to control and possess the other. To Ven. Hạnh, this is not true love since “it is only the willingness to make use of the other person in order to satisfy our own needs.” 11 Both Johnson and Ven. Hạnh while criticizing romanticized concepts of love are not giving up on possibility of intimate love. Johnson calls this intimate connection with another person a “human love,” a love that affirms and appreciates another person as she or he actually is, in their totality. Instead of prizing... (shrink)

In What is Marriage? One Man and One Woman: A Defense, Sherif Girgis, Ryan Anderson and Robert George defend the ‘conjugal marriage’ while claiming to make no moral judgments about homosexuality. My contention in this article is that the argument of What is Marriage is not sufficiently different from the arguments of classical new natural law theorists, and, therefore, What is Marriage does not remain neutral on the question of whether homosexuality is moral. First, I give (...) an overview of some classical NNLT arguments on the nature of marriage and their sexual ethic. Next, I present What is Marriage's account of conjugal marriage as a comprehensive union of two people, focusing on what makes a genuinely bodily union. I then move to the central contention of this article. By drawing on its understanding of genuinely bodily union and its account of the harm of same-sex marriage, I argue that What is Marriage is committed to the view that same-sex sexual unions cannot be good, since on its account of things there can be no shared sexual goods in a same-sex sexual ‘union’. (shrink)

Different judgments by Christian communities on issues in sexual ethics involve different weightings of various sources of moral authority, different understandings of the normativity of the natural, and different assessments of the scope of freedom to be exercised in relation to the goods of marriage. These fundamental differences of interpretation can be exemplified by the ongoing Roman Catholic discussion of the legitimacy of voluntary sterilization in certain “hard cases.” The contributors to this issue of Christian Bioethics, in their (...) spirited exchange on that issue, exemplify the need for careful attention to the ways that differences of theological emphasis and moral method lead to different judgments in particular cases, both within and between particular Christian communities. (shrink)

This chapter contains sections titled: Sex Is Morally Problematic Sex Is (Conditionally) Good Exchanging Ourselves: Marriage in the Moralphilosophie Collins Kant and Political Liberalism Transforming Ourselves into Husbands and Wives: Marriage in the Metaphysics of Morals Is Something Wrong Because It Is Unnatural? Pleasure as an End of Nature Marital Equality as a Criterion of Legitimacy How the Same‐Sex Marriage Debate Should Proceed.

If Augustine's view of human sexuality is to be understood properly, it must be represented across the history of creation, fall and redemption. His notion of sexuality prior to the fall, although defective in its understanding of personal bodily presence, does integrate sexuality into the essentially human. His account of fallen sexuality expresses not a body-soul dualism but a disordering of the self which finds a partial and redemptive remedy in the "goods of marriage." His treatment of sexuality (...) in relation to redemption-in-course has a distinctively historical dimension that must be respected if sexuality is not to be left merely to the endless rhythms of nature, but drawn into the human story in its Christian telling. (shrink)

Stereotypes within any society have consequences that are sometimes harmful and also affect targeted group of persons or ethnic group in a common way. One of the cultural stereotypes about Efik women is that they hardly believe in ‘…till death do us apart’ promised during monogamous marriage rite, that is, they walk out of marriage when conditions are unbearable. The misinterpretations of some exhortations given to the couples at Efik traditional marriage rite seem to support this claim. (...) For example: ‘Eyen mi nyamkkenyam, nnọ ke ndọ; ebot ebot edi unyam. Mm’ ifonke mendiyak, abang okubomo ikim okuwaha utong’. This exhortation is translated as: ‘I have not sold my child but given her to you in marriage; only goat is for sale. If she is no longer good for you bring her back. Let nothing malevolent happen to her.’ This implies that the life of one’s daughter is priced over marriage. One of the aims of this article is to investigate the context of this statement and how it has shaped people’s perception of marriage among the Efiks in Nigeria. In addition, this paper seeks to deconstruct some of the stereotypical views on Efik traditional marriage with regard to the female gender. Theories of Correspondent Inferences and Attribution in Social Psychology are used in understanding how women in Efik culture respond to marriage. Data from quantitative analysis of questionnaires and oral interviews threw more light on how cultural changes influence marriage institution among the Efiks. The findings of the research show that intermarriage, education, peer group influence, Western religious cultures, socio-economic conditions, etc., have necessitated the reconsideration of stereotypical views on marriage in Efik culture. (shrink)