Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Tuesday, November 29, 2011

"Marriage and Divorce in a Multicultural Context"

I cannot remember if others have mentioned it here at MOJ, but I recently received a copy of Joel Nichols' (St. Thomas) really engaging edited volume called Marriage and Divorce in a Multicultural Context:  Multi-Tiered Marriage and the Boundaries of Civil Law and Religion.  Check it out.  The various chapters will be of interest, I'm sure, to Catholic Legal Theory types, dealing as they do will all kinds of family-, subsidiarity-, pluralism-, and legal-moralism-related questions.

Here is my back-cover blurb:

"The institution of marriage is ancient and everywhere; it is also increasingly vulnerable and contested. It involves relationships that are intimate and private; at the same time, it makes contributions and has consequences that are social and public. It is both a sacrament and a state-action; it is both prior to, and pervasively structured by, the law. Responding to these facts and tensions, this engaging collection of interdisciplinary essays by a diverse array of legal scholars explores carefully the provocative possibility that marriage can and should be dealt with in different ways, in different communities, by plural authorities. They ask whether it is possible, justifiable, and desirable to separate marriage's private and religious dimensions from the coverage and concern of the state's power, and call our attention to both the attractions, and the dangers, of such a move."

- Richard W. Garnett
Professor of Law and Associate Dean, Notre Dame Law School


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I think it's reasonable to argue that the church should not have any involvement in divorce proceedings. That is not to suggest that the church should not disourage couples from divorce and try to assist them repair stranged marriages, but the legal system is a secular system for a reason.

Posted by: Divorce Blogger | Nov 30, 2011 8:55:00 AM

Culture indeed is a major contribution to the divorce cases in whole. Countries that have a deep religious context have lower divorce rates.

Posted by: long island divorce lawyer | Feb 16, 2012 12:11:02 AM

Today, the divorce rates goes up higher and higher. And the love for material things may be one of the possible causes of separation between couples.

Posted by: west palm beach divorce lawyer - | Apr 18, 2012 10:16:09 AM

I agree, divorce has a cultural exacting. Divorce that is fostered in an environment makes it a very influential factor in marriage cases where they see it as a very viable option.

Posted by: divorce lawyer long island | Apr 25, 2012 9:19:36 PM