An Apt and Cheerful Conversation on Marriage

Steven M. Tipton and John Witte, Jr., eds., Family Transformed: Religion, Values, and Family Life in Interdisciplinary Perspective (Washington, DC: Georgetown University Press), 244-269, 2006

23 Pages Posted: 7 Feb 2020

Multiple version iconThere are 2 versions of this paper

Date Written: 2006

Abstract

This Article argues that modern Anglo-American marriage law was formed out of two traditions -- one rooted in Christianity, a second in the Enlightenment. Each of these traditions has contributed a variety of familiar legal ideas and institutions of modern domestic life, lore, and law -- some overlapping, some conflicting. The overlapping and creatively juxtaposed legal contributions of these two traditions hold the promise of creating a new understanding of marriage that is neither blindly nostalgic about a purported golden of marriage nor naively myopic about the massive social, psychological, and structural costs of the modern revolution of sex, marriage, and family.

Keywords: Religion, Law, Marriage, Family, John Milton, Roman Catholicism, Protestantism, Enlightenment, Liberty, Equality, Reform, Contract, Covenant, Sacrament, Marital Status, Joseph Story, Chancellor Kent, John Calvin

Suggested Citation

Witte, John, An Apt and Cheerful Conversation on Marriage (2006). Steven M. Tipton and John Witte, Jr., eds., Family Transformed: Religion, Values, and Family Life in Interdisciplinary Perspective (Washington, DC: Georgetown University Press), 244-269, 2006, Available at SSRN: https://ssrn.com/abstract=3519475

John Witte (Contact Author)

Emory University School of Law ( email )

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