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University of Michigan Law School

Marriage

University of Michigan Journal of Law Reform

Contracts

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Promulgating The Marriage Contract, Lynn A. Baker Jan 1990

Promulgating The Marriage Contract, Lynn A. Baker

University of Michigan Journal of Law Reform

I begin Part I of this Article by positing several logically necessary, but insufficient, conditions that precede a state's decision to promulgate a law more aggressively than usual. I then show that each of these conditions was met with regard to the economic terms of the marriage contract in virtually all states by 1975. In Part II, I explore what Louisiana's unusually aggressive promulgation of certain terms of the marriage contract reveals about the legal system's conception of the marital relationship as of 1975. In Part III, I discuss what is added to that conception of the modern marital relationship …