| Description |
1 online resource |
| Contents |
Cover; Half-title; Title page; Copyright information; Dedication; Table of contents; Acknowledgments; Introduction; I. Contemporary Polygamy; II. Double Standards; III. The Constitutional Right to Marriage; IV. Plan of This Book; 1The Constitutional Possibility of Plural Marriage; I. Constitutional Change; A. The Possibility of a Constitutional Right to Plural Marriage; B. The Current Political and Legal Climate; C. Past Political Theorizing on Plural Marriage; D. The Contemporary Debate; E. The Current Legal Situation; F. The Basic Case Against Plural Marriage; G. Scalia's Slippery Slope |
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H. The Double StandardII. Constitutional Construction; A. The New Originalism; III. The Future of Marriage; A. Beyond Same-Sex Marriage; B. Strategic Concerns; Conclusion; 2 Judging the Case Against Plural Marriage (Part I); I. The Long Shadow of Mormon Polygyny; II. Gender Equality; A. Feminist Critiques; B. Structural Inequality; C. Okin's Liberal Feminist Critique; D. Lack of Real Choice; III. Protecting Women; A. Polygamy as a Crime; B. The Constitutional Right to Cohabitation; C. Legalization; IV. Saving Adult Women From Themselves; A. Paternalism; Conclusion |
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3 Judging the Case Against Plural Marriage (Part II)I. More on the Paternalistic Treatment of Adults; A. Pro-Choice; B. The Challenge of Understanding Difference; II. Protecting Adolescents and Children; A. Protecting Younger Women; B. Cultural Defenses; C. Protecting Children; D. Critique; III. Children and Polygamous Families; A. Child Abuse; B. Child Welfare; C. Parenting; IV. Administrative Considerations; V. The Argument From Tradition; A. American Conservatism; VI. Arguments From Nature; A. Nature; B. Natural Law; Conclusion; 4 The Importance of Marital Choice |
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I. Fundamental Rights AnalysisA. Privacy; B. Arranged Marriages; C. Against Autonomy; D. Abortion Revisited; E. Same-Sex Sex and the Right to Die; II. Autonomy; A. The Exercise of Autonomy; B. Neutrality Revisited; C. The Status Quo; D. Lawrence; E. The Right to Marriage; F. Utah Cases; G. Personal Choice Revisited; G. Interracial Marriage; III. Millian Experiments in Living; A. Overview; B. Mill's "On Liberty"; VI. The Virtues of Polyamory; A. Monogamy; B. Overview of Polyamory Movement; C. Benefits to Society; D. Benefits to the Individual; Conclusion; 5 Marriage Equality |
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I. Equal Protection JurisprudenceA. Background; B. The Same-Sex Marriage Debate; II. The Analogy Between Same-Sex and Plural Marriage; A. Analogy or Disanalogy?; B. Common-Law Reasoning; C. Similarities and Differences; D. The Slippery Slope; E. As Applied to Plural Marriage; III. Standards of Review; A. Traditional Standards of Review; B. Immutability; C. Political Powerlessness; D. History of Discrimination; E. Reynolds; F. The Origins of Opposition to Plural Marriage; IV. The Symbolic Importance of Marriage; Conclusion; 6 The Disestablishment of Marriage |
| Summary |
"With over half of Americans now in favor of marriage equality, it is clear that societal norms of marriage are being quickly redefined. The growing belief that the state may not discriminate against gays and lesbians calls into question whether the state may limit other types of marital unions, including plural marriage. While much has been written about same-sex marriage, as of yet there has been no book-length legal treatment of unions among three or more individuals. The first major study on plural marriage and the law, In Defense of Plural Marriage begins to fill this lacuna in the scholarly literature. Ronald C. Den Otter shows how the constitutional arguments that support the option of plural marriage are stronger than those against. Ultimately, he proposes a new semi-contractual marital model that would provide legal recognition for a wide range of intimate relationships"-- Provided by publisher |
| Bibliography |
Includes bibliographical references and index |
| Notes |
Print version record |
| Subject |
Polygamy -- Law and legislation -- United States
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Polygamy -- Social aspects
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LAW -- Family Law -- General.
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LAW -- Administrative Law & Regulatory Practice.
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Polygamy -- Law and legislation
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Polygamie
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Eherecht
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Reform
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Verfassungsrecht
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United States
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USA
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| Form |
Electronic book
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| ISBN |
9781316320112 |
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1316320111 |
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9781316104231 |
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1316104230 |
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