The liberal transformation of spousal law: Past, present and future

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Abstract

Scholars and lawmakers are familiar with a meta-narrative describing the liberal revolution of spousal law that occurred in the last decades of the twentieth century, which further transformed marriage, already transformed from a Catholic religious sacrament into a public institution and legal status model in the nineteenth century, into a private contract at the end of the twentieth. This Article addresses the liberal transformation of spousal law. The goals of the discussion are threefold: First, the Article examines the liberalization as a historical narrative and the sub-narratives contained therein. Secondly, it explores the liberalization as the normative framework for the current normative debates. Finally, the Article criticizes the existing school of thought and proposes principles for a new theory that would depart from the thought patterns imposed by the liberalization narrative.

Original languageEnglish
Article number1284
Pages (from-to)15-73
Number of pages59
JournalTheoretical Inquiries in Law
Volume13
Issue number1
DOIs
StatePublished - 1 Jan 2012

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