Book review: The law, marriage and other intimate relationships

In her Book review: The law, marriage and other intimate relationships, Margaret Somerville looks at a collection of essays on the institution of marriage. Lots of meaty stuff in this review.

The book’s focus is the role of the state in the recognition of intimate relationships, especially through marriage. Since the second half of the twentieth century, with the widespread legalization of divorce, changing sexual mores, and openness about homosexuality, this has been and remains a controversial topic in most Western democracies. In dealing with it, we need to ask many questions that include: Should the state be involved at all in marriage? What can the disciplines of history, philosophy, sociology, and psychology, to name just some that are relevant, tell us about marriage? What is the role of marriage in relation to children? When the “best interests” of children and the preferences of adults as to their intimate relationships conflict, which should prevail? Should common law relationships attract legal rights and responsibilities? If so, should they be the same ones that marriage implements? Should same-sex marriage be recognized in law? If so, why should two interdependent relatives, such as sisters, not receive the same privileges, protections, and benefits? Should three or more people be allowed to marry? What is the role of institutional religion in marriage? And so on.