The Business of Intimacy
FEMINISM CONFRONTS HOMO ECONOMICUS: GENDER, LAW, AND SOCIETY 467, Martha Fineman, Terrance Dougherty, eds., Cornell University Press, 2005
35 Pages Posted: 9 Sep 2005
The law governing intimate relationships would benefit from exploring the metaphorical and doctrinal analogies between business and intimate affiliation. These analogies bridge the private/private distinction by drawing connections between private business law and private family law. They also improve on conventional family law's understanding of family, remedying long-standing inequities within current family law discourse that are fossilized artifacts of the naturalized construction of family. This article identifies similarities between marriage and close corporations, cohabitation and business partnerships, and polyamory and LLCs, concluding that law could recognize a morally neutral range of intimate affiliations just as it recognizes a range of business affiliations.
Keywords: intimate relationships, family, contract, partnership, polyamory
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