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2001

Family Law

Georgetown University Law Center

Marriage law

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Full-Text Articles in Law

Calibrated Commitment: The Legal Treatment Of Marriage And Cohabitation, Milton C. Regan Jan 2001

Calibrated Commitment: The Legal Treatment Of Marriage And Cohabitation, Milton C. Regan

Georgetown Law Faculty Publications and Other Works

A couple of points are worth making at the outset of my argument. First, I speak in this Essay primarily about the extension of benefits to domestic partners, rather than the imposition of duties upon them. That is because this has been the focus of most of the debate about the legal treatment of married and unmarried couples. I readily acknowledge, however, that a fuller debate would consider not only when domestic partners should be given rights, but also when they should assume certain responsibilities. Indeed, as I will make clear, one reason for rejecting certain claims by unmarried couples …


Law, Marriage, And Intimate Commitment, Milton C. Regan Jan 2001

Law, Marriage, And Intimate Commitment, Milton C. Regan

Georgetown Law Faculty Publications and Other Works

Does society have any interest in the stability of marriage per se - that is, apart from any concerns about the impact of divorce on children or financially dependent spouses? Should law try in any way to reinforce an ethic of commitment in marriage as a good in and of itself? . . . Two social trends make this a timely issue. First is the steady erosion of the link between marriage and procreation over the last generation. More married couples do not have children; more children are born outside of marriage. A second trend is the rise of unmarried …