The Discourse of 'Contract' and the Law of Marriage
University of California at Davis Legal Studies Research Paper No. 95
Research in Law and Economics, Vol. 22, 2007
39 Pages Posted: 13 Dec 2006
Abstract
Marriage is often compared to a "contract." The contract analogy appears to be an argument about the law of marriage based on a settled concept called "contract." But it is in fact an assertion of a contested view of "contract": that legitimate obligation must derive from consent. This focus on consent ignores another, contradictory, strand of contract law that imposes obligations without consent. The pervasiveness of the consent-centered "contract" analogy affects our understanding of "contract" as much as it affects our understanding of marriage.
Keywords: Law and Economics, Contract, Marriage, Divorce
JEL Classification: K12, K36, J12, D86
Suggested Citation: Suggested Citation