Til Death (or Divorce) Do Us Part: A Defense of Divorce as a Morally Permissible Instance of Promise-Breaking

Abstract

Elizabeth Brake presents a plausible contradiction: Promise breaking is regarded as impermissible, and marital promises are regarded as legitimate promises, however, we take divorce, which is a breaking of a marital promise, as generally permissible. Brake’s response to the inconsistency of these beliefs is to assert that we misunderstand marital promises altogether. She argues that marital vows misfire because they attempt to make promises about what one cannot control, one’s emotions—namely love. My project will be in response to this view. First, I contend that Brake is wrong to think that marriage vows are illegitimate promises and second, I offer what I take to be a stronger resolution to the divorce inconsistency posed by Brake.

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Promising's Neglected Siblings: Oaths, Vows, and Promissory Obligation.Kyle Fruh - 2019 - Pacific Philosophical Quarterly 100 (3):858-880.
The Burdens of Love.Amelie Rorty - 2016 - The Journal of Ethics 20 (4):341-354.
Love and Agency.Kyla Ebels-Duggan - 2018 - In Adrienne M. Martin (ed.), The Routledge Handbook of Love in Philosophy. New York: Routledge Handbooks in Philoso.

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