Philosophy of law "But what, after all, is a law? Normative jurisprudence asks "what should law be? The concept of "natural law" emerged in ancient Greek philosophy concurrently and in connection with the notion of justice, and re-entered the mainstream of Western culture through the writings of Thomas Aquinasnotably his Treatise on Law.
Woodruff Professor of Law; Alonzo L. This Article is drawn in large part from John Witte, Jr. And I express my deep thanks to several fine scholars who helped me with various parts of this text, and the broader project from which it is drawn: Broyde, Rafael Domingo, Mark A.
Goldfeder, Judith Evans Grubbs, R. Reynolds, and Mathias Schmoeckel. Abstract Questions about polygamy are likely to dominate Western family law in the next generation. On the frontier of Western family law are hard questions about extending the forms of valid marriage to include polygamy and extending the forums of marital governance to include religious and cultural legal systems that countenance polygamy.
This Article analyzes the 1, year tradition of Western laws against polygamy and the growing constitutional and cultural pressures to reform these laws today. I show how the traditional Western cases against polygamy and same-sex unions used strikingly different arguments drawn from the Bible, nature, rights, harm, and symbolism.
I conclude that, because these arguments are so different, Western nations can responsibly hold the line against polygamy, even if they choose to accept same-sex marriage and its accompanying norms of sexual liberty, domestic autonomy, equality, and nondiscrimination.
I reject ideological arguments, pro and con, that anti polygamy laws are a form of traditional Christian morality. I reject slippery slope arguments, from the right and the left, that acceptance of same sex marriage must inevitably lead to acceptance of polygamous marriage.
And I reject arguments from domestic and international sources that religious freedom norms command the accommodation, if not validation, of religious polygamy.
The West may, and in my view should, politely say no to polygamy.
An Appendix to the Article provides a detailed guide to different forms and terms of plural marriage discussed and prohibited in the West—real polygamy, constructive polygamy, successive polygamy, and clerical polygamy. Introduction For more than 2, years, the Western legal tradition has defined lawful marriage as the union of one man and one woman with the fitness, capacity, and freedom to marry each other.
This was the dominant normative teaching of ancient Greeks and Romans, first millennium Jews and Christians, medieval Catholics and early modern Protestants, modern Enlightenment philosophers and liberals, common law and civil law jurists alike.
While monogamous marriage is neither good for everyone nor always good, all these traditions have argued, in general and in most cases, monogamous marriage brings essential private goods to the married couple and their children, and vital public goods to society and the state.
See the Appendix herein, infra notes —86 and accompanying text, for an overview of the shifting and confusing terminology. While a few Western writers and rulers have allowed polygamy in rare individual cases of urgent personal, political, or social need, virtually all Western writers and legal systems have denounced polygamy as an alternative form of marriage and have denounced the occasional polygamous experiments of early Jewish aristocrats, 3See John Witte, Jr.
The historical sources commended monogamy on various grounds. Marriage, Religion, and Law in the Western Tradition 2d ed.
This latter logic now applies to same sex couples, too, who have gained increasing rights in the West in recent years, including the rights to marry, adopt, and parent in some places. The historical sources condemned polygamy on a number of grounds.
The most common argument was that polygamy was unnatural, unfair, and unjust to wives and children—a violation of their fundamental rights in modern parlance. Polygamy, moreover, was also too often the cause, corollary, or consequence of sundry other harms, crimes, and abuses.
And polygamy, according to some more recent writers, was a threat to good citizenship, social order, and political stability, even an impediment to the advancement of civilizations toward liberty, equality, and democratic government.Animal Cloning: Is It Morally Wrong?
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Western nations can responsibly hold the line against polygamy. Cloning is wrong and should be outlawed by all because. of the moral wrongness of ashio-midori.com primary fetal fibroblasts were cotransfected with a neomycin resistance marker gene (neo) and a human coagulation factor IX genomic construct designed for expression of the encoded protein in sheep milk.
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