Jayde Jessome - Assignment 2, Topic A.docx

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PHIL 334
Catherine Ortner

PHIL 334Second Assignment Topic AJayde JessomeThe concept of minimal marriage as proposed by Elizabeth Brake is a suggested alteration of the current legal framework of marriage Brakes political liberalist argument vouches for a minimally restricted marital institution that supports all types of adult caring 1relationships without implementing a prepackaged set of rights and responsibilitiesBrake sees two fundamental problems with the framework of marriage as it exists in law today The first issue is that marriage currently comes with a number of automatic predefined entitlements and responsibilities such as employment benefits health care packages and 2immigration status rights The responsibilities that arise within marriage mostly pertain to 3parental roles that are assigned to spouses regardless of biological relations The parties to a marriage currently do not get a choice of which of these rights and responsibilities they would like to enjoy and which they would like to opt out of This aspect of marriage is unjust because it does not help to facilitate a caring relationship which is the only legal intrusion upon marriage 4that is justified Brakes other main opposition to the current legal framework of marriage is that it places restrictions on who is legally allowed to get married As it stands marriage can only occur between one man and one woman in a loving relationship Brake sees this legal requirement of 5heterosexuality monogamy and amatonormativity as an unjust intrusion of the state Brake believes that the essential aspect of a marriage should be a caring relationship 6between individuals In fact she argues that the only restriction on marriage by the state should 7be that it must consist of caring relationships This does not mean in Brakes opinion that this caring relationship is restricted to two people nor does it require that the people involved are of 1 Elizabeth Brake Minimizing Marriage What Political Liberalism Implies for Marriage Law Minimal Marriage Marriage Morality and the Law 2012 page 1602 Brake page 1563 Brake page 1614 Brakge page 1635 Brake page 1566 Brake page 1567 Brake page 158
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