November 7, 2012 – An Anthropology for the Family Law of Indis/Solubility

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Alvare, Helen M., An Anthropology for the Family Law of Indis/Solubility (November 7, 2012). Ave Maria Law Review, Vol. 4, No. 2, Summer 2006, pp. 497-546; George Mason Law & Economics Research Paper No. 12-77. Available at SSRN: https://ssrn.com/abstract=2172499

In this well written article, Helen M. Alvare suggests that we need a family law based on a sound anthropology of the human person promoting human happiness and wellbeing, an inside-out family law.  Both the empirical evidence of modern scholarship and the historical evidence point to indissolubility as vital to human health and wellbeing.  There being no legitimate reason to ignore this, Alvare suggests that prejudices connecting indissoluble marriage to the subordination of women and a broader antipathy towards religion can be seen in those promoting increased solubility of intimate/romantic relationships.

 

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