Skip to main content Accessibility help
×
Home
Hostname: page-component-99c86f546-vl2kb Total loading time: 0.405 Render date: 2021-12-02T00:58:50.075Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "metricsAbstractViews": false, "figures": true, "newCiteModal": false, "newCitedByModal": true, "newEcommerce": true, "newUsageEvents": true }

2 - Pluralism and Decentralization in Marriage Regulation

Published online by Cambridge University Press:  05 November 2011

Joel A. Nichols
Affiliation:
University of St Thomas, Minnesota
Get access

Summary

This chapter explores the role of the state in regulating marriage in the United States and what that role should be, given the growing set of alternative marriage options and the increasing decentralization of marriage regulation. “State role” here is understood both broadly, as the governmental role at any level, and more specifically, as the relative roles of the federal and state governments within the U.S. federal system.

This exploration will reflect both the general sense that governments will inevitably face a growing diversity and decentralization of marriage options and the view (expressed, for example, in Joel Nichols’s article, in some of my own work, and elsewhere) that greater diversity and decentralization could be a good idea. To some extent, I will consider a level of pluralism and decentralization that may not come about (and may be unlikely ever to come about) to examine the potential attractions (and repulsions) of that alternative world. However, the fact remains that current family law doctrine, rules of federalism, and conflict-of-laws principles collectively hobble the ability of states to effectuate policies in this area. The overall consequence is a certain level of de facto pluralism and decentralization, and one might reasonably explore whether increasing that pluralism and decentralization would do more good than harm.

Type
Chapter
Information
Marriage and Divorce in a Multi-Cultural Context
Multi-Tiered Marriage and the Boundaries of Civil Law and Religion
, pp. 60 - 77
Publisher: Cambridge University Press
Print publication year: 2011

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Nichols, Joel A.Multi-Tiered Marriage: Ideas and Influences from New York and Louisiana to the International Community,Vanderbilt Journal of Transnational Law 40 2007 135Google Scholar
Bix, Brian H.State Interests in Marriage, Interstate Recognition, and Choice of Law,Creighton Law Review 38 2005 337Google Scholar
Bix, Brian H.The Public and Private Ordering of Marriage,University of Chicago Legal Forum 2004 295Google Scholar
Rasmusen, EricStake, Jeffrey EvansLifting the Veil of Ignorance: Personalizing the Marriage Contract,Indiana Law Journal 73 1998 453Google Scholar
Ribstein, Larry E.A Standard Form Approach to Marriage,Creighton Law Review 38 2005 309Google Scholar
Scott, Elizabeth S.Marriage in America: A Communitarian PerspectiveLanham, MDRowman & Littlefield Publishers 2000Google Scholar
2011
Oldham, J. ThomasWhat If the Beckhams Move to L.A. and Divorce? Marital Property Rights of Mobile Spouses When They Divorce in the U.S.,Family Law Quarterly 42 2008 263Google Scholar
Bix, Brian H.State of the Union: The States’ Interest in the Marital Status of Their Citizens,University of Miami Law Review 55 2000 1Google Scholar
Bernstein, Nina 2007
Bix, BrianBargaining in the Shadow of Love: The Enforcement of Premarital Agreements and How We Think About Marriage,William and Mary Law Review 40 1998 145Google Scholar
Bix, Brian H.Reconceiving the Family: Critique on the American Law Institute’s Principles of the Law of Family DissolutionCambridgeCambridge University Press 2006Google Scholar
Helmholz, R. H.Marriage Litigation in Medieval EnglandCambridgeCambridge University Press 2007Google Scholar
Butt, SimonIndonesia: Law and SocietyLindsey, T.Annandale, AustraliaFederation Press 2008Google Scholar
Bix, Brian H.Choice of Law and Marriage: A Proposal,Family Law Quarterly 36 2002 255Google Scholar
Brinig, Margaret F.Nock, Steven L.The One-Size-Fits-All Family,Santa Clara Law Review 49 2009 137Google Scholar
Case, Mary AnneMarriage Licenses,Minnesota Law Review 89 2005 1758Google Scholar
Buckley, F. H.Ribstein, Larry E.Calling a Truce in the Marriage Wars,University of Illinois Law Review 2001 561Google Scholar
Posner, Eric A.The Fall and Rise of Freedom of ContractBuckley, F. H.Durham, NCDuke University Press 1999Google Scholar
Kahnemann, DanielSlovic, PaulTversky, AmosJudgment Under Uncertainty: Heuristics and BiasesCambridgeCambridge University Press 1982CrossRefGoogle Scholar
Filkins, Dexter 2009
Fournier, PascaleFlirting with God in Western Secular Courts: Mahr in the West,International Journal of Law, Policy, and the Family 24(1) 2010 67CrossRefGoogle Scholar
Mullally, SiobhanFeminism and Multicultural Dilemmas in India: Revisiting the Case,Oxford Journal of Legal Studies 24 2004 671CrossRefGoogle Scholar
Blenkhorn, Lindsey E.Islamic Marriage Contracts in American Courts: Interpreting Agreements as Prenuptials and Their Effect on Muslim Women,Southern California Law Review 76 2002 189Google Scholar
McClain, Linda C.The Place of Families: Fostering Capacity, Equality, and ResponsibilityCambridge, MAHarvard University Press 2006Google Scholar
Boyd, MarionDispute Resolution in Family Law: Protecting Choice, Promoting InclusionOntario, CanadaMinistry of the Attorney General 2004 http://www.attorneygeneral.jus.gov.on.ca/english/about/pubs/boyd/Google Scholar
2001
Shachar, AyeletPrivatizing Diversity: A Cautionary Tale from Religious Arbitration in Family Law,Theoretical Inquiries in Law 9 2008 573CrossRefGoogle Scholar
Shachar, AyeletMulticultural JurisdictionsCambridgeCambridge University Press 2001CrossRefGoogle Scholar
Blecher-Prigat, AyeletShmueli, BenjaminThe Interplay Between Tort Law and Religious Law: The Israeli Case,Arizona Journal of Comparative and International Law 26 2009 279Google Scholar
Greenawalt, KentReligious Law and Civil Law: Using Secular Law to Assure Observance of Practices with Religious Significance,Southern California Law Review 71 1998 781Google Scholar
Bix, Brian H. Agreements: Contracting in the Shadow of Family Law (and Religious Law) – A Comment on Oman’s Article,Wake Forest Law Review Online 1 2011 61Google Scholar

Send book to Kindle

To send this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle.

Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Send book to Dropbox

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox.

Available formats
×

Send book to Google Drive

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive.

Available formats
×