This essay argues that current advocacy of lesbian and gay rights to legal marriage and parenthood insufficiently criticizes both marriage and motherhood as they are currently practiced and structured by Northern legal institutions. Instead we would do better not to let the State define our intimate unions and parenting would be improved if the power presently concentrated in the hands of one or two guardians were diluted and distributed through an appropriately concerned community.

: Although the exclusion of LGBTs from the rites and rights of marriage is arbitrary and unjust, the legal institution of marriage is itself so riddled with injustice that it would be better to create alternative forms of durable intimate partnership that do not invoke the power of the state. Card's essay develops a case for this position, taking up an injustice sufficiently serious to constitute an evil: the sheltering of domestic violence.

Although the exclusion of LGBTs from the rites and rights of marriage is arbitrary and unjust, the legal institution of marriage is itself so riddled with injustice that it would be better to create alternative forms of durable intimate partnership that do not invoke the power of the state. Card's essay develops a case for this position, taking up an injustice sufficiently serious to constitute an evil: the sheltering of domestic violence.

Polygamy is a hotly contested practice and open to widespread misunderstandings. This practice is defined as a relationship between either one husband and multiple wives or one wife and multiple husbands. Today, “polygamy” almost exclusively takes the form of one husband with multiple wives. In this article, my focus will center on limited defenses of polygamy offered recently by Chesire Calhoun and Martha Nussbaum. I will argue that these defenses are unconvincing. The problem with polygamy is primarily that it is (...) a structurally inegalitarian practice in both theory and fact. Polygamy should be opposed for this reason. (shrink)

All duties are either duties of right (officia iuris), that is, duties for which external lawgiving is possible, or duties of virtue (officia virtutis s. ethica), for which external lawgiving is not possible. – Duties of virtue cannot be subject to external lawgiving simply because they have to do with an end which (or the having of which) is also a duty. No external lawgiving can bring about someone's setting an end for himself (because this is an internal act of (...) the mind), although it may prescribe external actions that lead to an end without the subject making it his end. (shrink)

When examined critically, Kant's views on sex and marriage give us the tools to defend same-sex marriage on moral grounds. The sexual objectification of one's partner can only be overcome when two people take responsibility for one another's overall well-being, and this commitment is enforced through legal coercion. Kant's views on the unnaturalness of homosexuality do not stand up to scrutiny, and he cannot (as he often tries to) restrict the purpose of sex to procreation. Kant himself rules out marriage (...) only when the partners cannot give themselves to one another equally – that is, if there is inequality of exchange. Because same-sex marriage would be between equals and would allow homosexuals to express their desire in a morally appropriate way, it ought to be legalized. (shrink)

In the last few decades, the ethics of care as a feminist ethic has given rise to extensive literature, and has affected moral inquiries in many areas. It offers a distinctive challenge to the dominant moral theories: Kantian moral theory, utilitarianism, and virtue ethics. This chapter outlines the distinctive features and promising possibilities of the ethics of care, and the criticisms that have been made against it. It then examines the ethics of care’s recognition of human dependency and of the (...) importance of responding to needs; its interpretation of the roles of emotion and reason in moral understanding; and its critique of liberal individualism and development of a conception of the person as relational. The ethics of care contrasts care with justice, tries to integrate them, and reconceptualizes public and private life and morality. (shrink)

This paper offers an argument in favour of the conclusion that it is seriously unjust to exclude same-sex couples from the institution of civil marriage. The argument is based on an interpretation of what the institution of marriage essentially is, and of its essential rationale; the crucial claim is that although marriage is a legal institution, it is also a social institution, involving a "social meaning" -- a body of common knowledge and expectations about marriage that is generally shared throughout (...) society. (shrink)

Sara Ruddick's Maternal Thinking represents a great contribution to moral philosophy-in particular, by bringing women's "private" virtues into the public sphere. However, there remain problems in the analysis which need to be addressed: How can one possibly generalize about the practice of mothering from one, necessarily limited, perspective, given the facts of cultural diversity? Is Ruddick's normative account of mothering congruent with the reflective judgments of others? Is her account of the transformation of parochial mothering into feminist peace work viable? (...) After exploring these three questions, this reviewer calls, with Ruddick, for the telling of more maternal stories, from different cultural, racial and economic perspectives. (shrink)

There is an obvious, perhaps even trite, argument against getting married which deserves our attention. Reduced to a crude sketch, the argument is simply that, most of us view the prospect of being married in the absence of mutual love with something like horror or at least great antipathy; the mutual love between us and our spouse existing at the inception of our marriage may very well fail to persist; and hence when we marry we are putting ourselves in the (...) position of quite possibly ending up in a loveless marriage of the sort we acknowledge to be undesirable, and this is a mistake. (shrink)

What role should the state have in recognizing and regulating marriage? Until recently, liberal political theorists paid little attention to this question. Yet the challenges that the public–private boundary-crossing institution of marriage poses to liberalism are substantial. Tensions in contemporary debates suggest that these challenges remain unaddressed and thus, invite attempts to formulate a coherent and compelling model of the relationship between marriage and the liberal state. This article responds to this invitation. Marriage has long been a concern of at (...) least some liberal thinkers. Typically they focused on the dual character of marriage, or its role in producing gender inequality. While these critical insights are essential to any adequate account of marriage and the state, they are only part of the picture. To grasp the sources of confusion and silences in contemporary debates, and formulate a robust liberal model of marriage and the state, we must examine the functions — intended and effective — of public recognition of marriage. This examination highlights the relevance to the marriage-state relationship of familiar liberal approaches to negotiating the religion-state relationship. Drawing on these approaches and liberal feminist thought, I sketch a model of marriage and the state that aims to expand the area of protected freedom without sacrificing equality, fairness or marriage. Under the model I propose, marriage would be disestablished. The state would neither confer marital status, nor use 'marriage' as a category for dispersing benefits. Legitimate public welfare goals currently treated through marriage would be addressed through an intimate caregiving union status. (shrink)

Almost all of us have entered or will one day enter a specifically standardized form of monogamous marriage. This cultural requirement is so very basic to our existence that we accept it for most part as a kind of intractable given: dictated by the laws of God, Nature, Government and Good Sense all at once. Though it is perhaps unusual for a social practice to be so promiscuously underwritten, we generally find comfort rather than curiosity in this fact and seldom (...) wonder how something could be divinely inspired, biologically determined, coerced and reasoned out all at the same time. We simply take for granted. (shrink)

Almost all of us have entered or will one day enter a specifically standardized form of monogamous marriage. This cultural requirement is so very basic to our existence that we accept it for most part as a kind of intractable given: dictated by the laws of God, Nature, Government and Good Sense all at once. Though it is perhaps unusual for a social practice to be so promiscuously underwritten, we generally find comfort rather than curiosity in this fact and seldom (...) wonder how something could be divinely inspired, biologically determined, coerced and reasoned out all at the same time. We simply take for granted. (shrink)

This paper replies to two arguments against marriage presented by Dan Moller (Philosophy 78, 2003: 79–91). One of Moller's arguments examines several ways in which the marriage promise could be explained, and shows that none of them is viable. The other argument suggests that marriage may not be a worthwhile enterprise since marriages frequently fail, in that they become loveless or end up in divorce. I argue that the marriage promise can be explained in a way unconsidered by Moller, which (...) renders the promise viable; and that notwithstanding the failure of many marriages, it still is, for some people, a worthwhile enterprise. (shrink)

: Gay marriage highlights a contradiction in American national identity: if gay marriage is supported, the normative status of the heterosexual nuclear family is undermined, while if not, the civil rights of homosexuals are undermined. This essay discusses the feminist dilemma of whether to support gay marriage to promote these individual civil rights or whether to critique marriage as a part of the patriarchal system that oppresses women.

What is at the basis of moral action? An altruism acquired by the application of rule and principle? Or, as Noddings asserts, caring and the memory of being cared for? With numerous examples to supplement her rich theoretical discussion, Noddings builds a compelling philosophical argument for an ethics based on natural caring, as in the care of a mother for her child. The ethical behavior that grows out of natural caring, and has as its core care-filled receptivity to those involved (...) in any moral situation, leaves behind the rigidity of rule and principle to focus on what is particular and unique in human relations. Noddings's discussion is wide-ranging, as she considers whether organizations, which operate at a remove from the caring relationship, can truly be called ethical. She discusses the extent to which we may truly care for plants, animals, or ideas. Finally, she proposes a realignment of education to encourage and reward not just rationality and trained intelligence, but also enhanced sensitivity in moral matters. (shrink)

Ethics has been discussed largely in the language of the father, Nel Noddings believes: in principles and propostions, in terms such as _justification,_ _fairness,_ and _equity._ The mother's voice has been silent. The view of ethics Noddings offers in this book is a feminine view. "This does not imply," she writes, "that all women will accept it or that most men will reject it; indeed there is no reason why men should not embrace it. It is feminine in the deep (...) classical sense—rooted in receptivity, relatedness, and responsiveness. It does not imply either that logic is to be discarded or that logic is alien to women. It represents an aternative to present views, one that begins with the moral attitude or longing for goodness and not with moral reasoning." What is at the basis of moral action? An altruism acquired by the application of rule and principle? Or, as Noddings asserts, caring and the memory of being cared for? With numerous examples to supplement her rich theoretical discussion, Noddings builds a compelling philosophical argument for an ethics based on natural caring, as in the care of a mother for her child. The ethical behavior that grows out of natural caring has at its core as care-filled receptivity to those involved in any moral situation, and leaves behind the rigidity of rule and principle to focus on what is particular and unique in human relations. "The hand that steadied us as we learned to ride our first bicycle did not provide propositional knowledge, but it guided and supported us all the same, and we finished up 'knowing how.'" Noddings's discussion is far-ranging, as she considers whether organizations, which operate at a remove from the caring relationship, can truly be called ethical. She discusses the extent to which we may truly care for plants, animals, or ideas. Finally, she proposes a realignment of education to encourage and reward not just rationality and trained intelligence, but also enhanced sensitivity in moral matters. (shrink)

In this book, Allen Wood investigates Kant's conception of ethical theory, using it to develop a viable approach to the rights and moral duties of human beings. By remaining closer to Kant's own view of the aims of ethics, Wood's understanding of Kantian ethics differs from the received 'constructivist' interpretation, especially on such matters as the ground and function of ethical principles, the nature of ethical reasoning and autonomy as the ground of ethics. Wood does not hesitate to criticize and (...) modify Kant's conclusions when they seem inconsistent with his basic principles or fail to make the best use of the resources Kantian principles make available. Of special interest are the book's treatment of such topics as freedom of the will, the state's role in securing economic justice, sexual morality, the justification of punishment, and the prohibition on lying. (shrink)

ACKNOWLEDGMENTS. Among Those Who helped greatly in the initial stages of this project by making constructive suggestions on my first "caring" papers are Nick Burbules, William Doll, Bruce Fuller, Brian Hill, William Pinar, Mary Anne ...

This book addresses fundamental questions about marriage in moral and political philosophy. It examines promise, commitment, care, and contract to argue that marriage is not morally transformative. It argues that marriage discriminates against other forms of caring relationships and that, legally, restrictions on entry should be minimized.