25 Pages Posted: 15 Jul 2005 Last revised: 12 Jan 2017
Date Written: 2005
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: marriage, family, Christianity, Enlightenment
Suggested Citation: Suggested Citation
Witte, John, An Apt and Cheerful Conversation on Marriage (2005). Emory Public Law Research Paper No. 05-17. Available at SSRN: https://ssrn.com/abstract=755105