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

By Milton C. Regan

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 distinctive pursuits. Alone Together explores the ways that legislation seeks to deal with tensions among dedication and freedom in marriage. writer Milton Regan means that simply shut cognizance to context can consultant us in figuring out what weight to assign to every size of spousal id in a given environment. This interdisciplinary paintings has relevance to family members legislation, family members stories, feminist criminal conception, and the talk among liberal and communitarian social theorists.

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Partners need to express to each other their needs, desires, expectations, and feelings; such a process both serves as a vehicle for discerning one's deepest self and offers the opportunity to be responsive to the interests of the other. Giddens suggests that "free and open communication is the sine qua non of the pure relationship. . Selfautonomy, the break with compulsiveness, is the condition of open dialogue with the other. "77 l-'or partners faced with the constant possibility that each will be evaluating the M O M E N T S OF M A R R I A G E 21 relationship from an external stance, dialogue is necessary in order to ensure that both parties will continue to be satisfied.

In Sartre's terms, they seek to avoid "bad faith," 50 which leads people to "take refuge in the belief that decisions of principle or commitments on prior occasions M O M E N T S OF M A R R I A G E 23 hold sway over present choices. . " w liven many who stress the importance of the external stance admit that it provides only a minimum safeguard against exploitation, not a prescription for how to form and sustain satisfying personal ties with others. '11 Similarly, Jeremy Waldron argues that to stand on one's rights announces that "other warmer bonds of kinship, affection, and intimacy can no longer hold.

As 1 explore in more detail in chapters 3 and 4, economists have relied on rational choice theory to develop an elaborate account of marriage and divorce—an account that I will argue expresses the commitments of the external stance. The organization of the pure relationship around the continuing consent of its participants makes communication crucial to its continuation. Partners need to express to each other their needs, desires, expectations, and feelings; such a process both serves as a vehicle for discerning one's deepest self and offers the opportunity to be responsive to the interests of the other.

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