The Discourse of 'Contract' and the Law of Marriage
Thomas Wuil Joo
University of California - Davis Law School
University of California at Davis Legal Studies Research Paper No. 95
Research in Law and Economics, Vol. 22, 2007
Marriage is often compared to a "contract." The contract analogy appears to be an argument about the law of marriage based on a settled concept called "contract." But it is in fact an assertion of a contested view of "contract": that legitimate obligation must derive from consent. This focus on consent ignores another, contradictory, strand of contract law that imposes obligations without consent. The pervasiveness of the consent-centered "contract" analogy affects our understanding of "contract" as much as it affects our understanding of marriage.
Number of Pages in PDF File: 39
Keywords: Law and Economics, Contract, Marriage, Divorce
JEL Classification: K12, K36, J12, D86Accepted Paper Series
Date posted: December 13, 2006
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