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

See all articles by Thomas Wuil Joo

Thomas Wuil Joo

University of California, Davis - School of Law

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

Joo, Thomas Wuil, 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, Available at SSRN: https://ssrn.com/abstract=951250

Thomas Wuil Joo (Contact Author)

University of California, Davis - School of Law ( email )

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