We've Got Matching Funds!

A very generous donor has pledged to match the next $10,000 in donations. Double the impact of your donation and Support the Libertarian Institute Today!

$19,347 of $60,000 raised

Love, Marriage, and the State

by | Nov 25, 2016

Love, Marriage, and the State

by | Nov 25, 2016

Public Practice, Private Law: An Essay on Love, Marriage, and the State, Gary Chartier, Cambridge University Press, 264 pages.

This book is about the proper relationship between marriage and state—and yet it’s so much more: an exhaustively researched work on all aspects of love and marriage. So it would be sad if readers uninterested in its political theme passed up the book. Here I will focus the link between marriage and state, but don’t take that to mean that Chartier’s larger purpose is unimportant or uninteresting.

His marriage ideal has in my view everything to recommend it, if our standard is the flourishing of reasoning social beings. Along the way he demonstrates the inadequacies of alternative models, both traditional and modern—marriage is best seen as neither a union essentially for the raising of children nor a contractual framework to facilitate a series of narrowly self-regarding transactions. Rather, his “vision is rooted in an understanding of marriage as the actualization of love. … a properly marital commitment is a commitment to the creation or solidification of a shared identify, a we, and that this will entail a variety of more specific commitments to communication, truthfulness, vulnerability, acceptance, attentiveness and understanding, respect, equality, and, preferably, exclusivity.”

As one might anticipate, Chartier’s model of marriage has this political implication: if gays and lesbians would flourish in such marriages fully as much as heterosexuals—and why wouldn’t they?—the state should not have failed to recognize same-sex marriage. (Thankfully it no longer does.)

Chartier, however, would “delink” marriage and the state even it were to decide to foster marriage as he conceives it. Why is that? The quick answer is that as anatural-law, pro-market left-libertarian, he doesn’t want the state to do anything at all. Individuals ought to be left free to enter into the consensual arrangements of their own choosing. But he does not leave matters there.

“If there were an argument for state involvement in the marriage business,” Chartier writes, “it is implicitly also an argument for several other things. It is, in particular, an argument for the state’s placement of roadblocks in the path of those who want legally to divorce. And it is also an argument for a state-defined one-size-fits-all marriage contract. Neither the roadblocks nor the Procrustean contract make sense.” This is because marriage “is a complex moral relationship, marked by diverse and often unenforceable expectations and shaped by the partners’ individuals goals and circumstances. I argue, therefore, that people should be free to design their own marital arrangements, and, if they like, to embody them in legally enforceable agreements free of state involvement.”

Read the rest at The American Conservative here.

Sheldon Richman

Sheldon Richman

Sheldon Richman is the executive editor of The Libertarian Institute and a contributing editor at Antiwar.com. He is the former senior editor at the Cato Institute and Institute for Humane Studies; former editor of The Freeman, published by the Foundation for Economic Education; and former vice president at the Future of Freedom Foundation. His latest books are Coming to Palestine and What Social Animals Owe to Each Other.

View all posts

Our Books

Shop books published by the Libertarian Institute.

libetarian institute longsleeve shirt

Our Books

cb0cb1ef 3fcb 417d 80d8 4eef7bbd8290

Recent Articles

Recent

Contra Krugman (Redux)

Contra Krugman (Redux)

In a recent conversation with the Libertarian Institute’s Keith Knight, we broke down a 2012 article by everyone’s least favorite economist, the former New York Times pundit Paul Krugman. In it, Krugman makes all the familiar and mistaken arguments about why we...

read more
What I Learned from Ross Perot

What I Learned from Ross Perot

In 1992, I was just a kid sitting in front of the TV, flipping through channels, looking for something—anything—to watch. No cartoons. No sitcoms. Just golf on one channel and an old businessman sitting at a desk on another. He had that Southern drawl, the kind that...

read more

Pin It on Pinterest

Share This