In this provocative book, Bartosz Biskup advocates for a reform of the right to marry, arguing that this right should extend beyond romantic or sexual couples to include any relationship that provides care and support.
In this provocative book, Bartosz Biskup advocates for a reform of the right to marry, arguing that this right should extend beyond romantic or sexual couples to include any relationship that provides care and support.
Through philosophical and legal analysis of the European Convention on Human Rights, Biskup concludes that the right to marry is currently an empty status that neglects to explain why marriage deserves special protection. He adopts an ameliorative legal philosophy to illustrate how relationships should receive legal recognition based on care and vulnerability rather than sexual intimacy. Biskup's research encompasses various common situations including adult siblings sharing a home, friends who become primary caregivers and chosen families. Rather than abolishing marriage, Biskup outlines how the institution of marriage can be improved to create a more just family law system while still upholding the human right to marry.
Laws of Caring provides a novel ontological framework for understanding legal kinds and institutional change through social amendment, making it a valuable resource for scholars and students of legal philosophy, family law and social ontology. It is also highly relevant to human rights practitioners in NGOs and international organizations who focus on family diversity, especially the rights of LGBTQ+ and non-conjugal families.
Arvustused
If marriage has long been subject to conceptual and institutional evolution, Biskup confronts the normative question head-on: how should the concept change now? By showing how care already anchors many of our intimate practices, he challenges us to rethink the institution so that it supports a broader spectrum of caring relationships, not only romantic dyads. This is a provocative and intellectually serious investigation of an institution whose contours remain far more fluid than some of its defenders admit.' -- Joshua Rust, Stetson University, USA In Laws of Caring, Bartosz Biskup offers an important and valuable challenge to conventional ways of thinking about marriage. Biskups provocative proposal is that justice requires us to rethink marriage, to reframe it as an institution less focused on romantic love and more broadly focused on all adult relationships of care and vulnerability. -- Brian H. Bix, University of Minnesota, USA
Contents
1 Legal partiality
2 The received view about the right to marry
3 The ontology of the received view
4 Legal kinds
5 Normative kinds: marriage and civil union
6 Marriage skepticism
7 The right to marry
Conclusions to Laws of Caring
Bartosz Biskup, Max Weber Fellow, European University Institute, Florence, Italy, and member of the Jagiellonian Center for Law, Language and Philosophy, Kraków, Poland
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