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The Jurisprudence of Marriage and Other Intimate Relationships

Scott FitzGibbon, Lynn D. Wardle, & A. Scott Loveless, eds., Wm. S. Hein & Co. 2010

The chapters of this book grew out of papers that originally were presented at the "Symposium on the Jurisprudence of Marriage and Other Adult Intimate Relationships" that convened at Boston College Law School on March 13, & 14, 2009. The symposium was cosponsored by Boston College Law School and Brigham Young University Law School, and the conveners were Professor Scott FitzGibbon of Boston College and Professor Lynn Wardle of Brigham Young University. This was the first "Jurisprudence of the Family" symposium and led to the creation the following year of the International Academy for Study of Jurisprudence of the Family and to the inauguration of the International Journal for Jurisprudence of the Family, also in 2010 (first printed issue in 2011).
The book (The Jurisprudence of Marriage and Other Intimate Relationships) contains a dozen chapters organized in three parts:
  1. Fundamentals: Basic Goods; Basic Concerns About Marital Relationships
    • Ch. 1, William Binchy, "Human Dignity: Its Implications for Marriage, the Family and Society," at 3-14.
    • Ch. 2, Charles Donahue, "What Difference Does It Make If Marriage Is a Sacrament? An Historical Approach," at 15-36.
    • Ch. 3, Lynn D. Wardle, "Gender Neutrality and the Jurisprudence of Marriage," at 37-66.
    • Ch. 4, Helen Alvaré, "Marrying the Body with the Person in the Law Governing Intimate Adult Relationships," at 67-106.
  2. Fundamentals: Implications for the Law
    • Ch. 5, Scott FitzGibbon, "'Just Like Little Dogs': The Law Should Speak with Veracity and Respect," at 107-142.
    • Ch. 6, Richard Stith, "On the Legal Validation of Sexual Relationships," at 143-164.
    • Ch. 7, Shahar Lifshitz, "Spousal Rights and Spousal Duties: The Liberal Case for Privileging Marriage," at 165-194.
    • Ch. 8, Robert John Araujo, S.J., "Same Sex Marriage - From Privacy to Equality: The Failure of the 'Equality' Justifications for Same Sex Marriage," at 195-236.
  3. Social, Political and Doctrinal Attributes and Implications
    • Ch. 9, Susan Shell, "The Future of the Liberal Family," at 237-256.
    • Ch. 10, Daniel Cere, "The Problem of 'Nature' in Family Law," at 257-290.
    • Ch. 11, Ruth Deech, Rt. Hon. Baroness, "Cousin Marriage," at 291-304.
    • Ch., 12, Dr. Oran Doyle, "Sisterly Love: the Importance of Explicitly Assumed Commitment in the Legal Recognition of Personal Relationships," at 305-326.

This book is available for purchase from William S. Hein & Co. at the website or directly at