Abolish legal marriage: An anti-vulnerability approach to relationship regulation

IF 0.2 3区哲学 0 PHILOSOPHY

SOUTH AFRICAN JOURNAL OF PHILOSOPHY Pub Date : 2022-10-02 DOI:10.1080/02580136.2023.2206201

Kayleigh Timmer

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Abstract

The institution of marriage makes women vulnerable, as does being unmarried in a society that idealises marriage as the norm. It is argued that the use of civil unions as an alternative to legal marriage does not protect women from this vulnerability, and nor do proposed reforms to the institution. The institution of legal marriage therefore must be abolished. A hybrid of Clare Chambers’ piecemeal regulation of relationships and Elizabeth Brake’s minimal marriage, termed the anti-vulnerability approach to relationship regulation (or the AVA) is put forward as the best means to regulate relationships in a way that will protect women from vulnerability. The AVA is implementable in countries where Western marriage is not always the norm, such as South Africa, and is also strongly compatible with LGBTQIA+ relationship styles and arguments against marriage. However, as a piecemeal regulation of relationships cannot be implemented alongside holistic regulation systems, such as legal marriage, legal marriage would need to be abolished to create a system of regulating relationships that will be able to protect women from vulnerability.

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废除合法婚姻：一种反脆弱性的关系调节方法

婚姻制度使女性变得脆弱，在一个理想化婚姻为规范的社会中未婚也是如此。有人认为，使用民事结合作为合法婚姻的替代方案并不能保护妇女免受这种脆弱性的影响，对该机构的改革建议也不能。因此，必须废除合法婚姻制度。Clare Chambers对关系的零散监管和Elizabeth Brake的最低限度婚姻的混合，被称为关系监管的反脆弱性方法（或AVA），被认为是以保护女性免受脆弱性的方式监管关系的最佳手段。AVA可在南非等西方婚姻并不总是常态的国家实施，也与LGBTQIA+关系风格和反对婚姻的论点非常兼容。然而，由于零碎的关系监管无法与合法婚姻等整体监管系统一起实施，因此需要废除合法婚姻，以建立一个能够保护妇女免受脆弱性影响的关系监管系统。

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来源期刊

SOUTH AFRICAN JOURNAL OF PHILOSOPHY PHILOSOPHY-

CiteScore

1.00

自引率

0.00%

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期刊介绍： The South African Journal of Philosophy (SAJP) is the official publication of the Philosophical Society of South Africa. The aim of the journal is to publish original scholarly contributions in all areas of philosophy at an international standard. Contributions are double-blind peer-reviewed and include articles, discussions of articles previously published, review articles and book reviews. The wide scope of the South African Journal of Philosophy makes it the continent''s central vehicle for the publication of general philosophical work. The journal is accredited with the South African Department of Higher Education and Training.