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Document Details :
Title: Marriage and the Law
Subtitle: An Ethical Perspective
Author(s): VERSTRAETEN, Johan
Journal: Marriage, Families & Spirituality
Volume: 6 Issue: 1 Date: Spring 2000
As a response to legislative changes in the area of forms of life and marriage as referred to by K Marshall, this paper studies the ethical foundations for such juridical moves on the basis of three different conceptions. The question is asked as to what marriage legislation might look like if it were founded first on the Rawlsian theory of ‘the veil of ignorance’, secondly on Walzer’s theory of respect for the limits of social spheres, or thirdly on a Christian ‘morality of contrast’, a response to the loss of values. Discussion of these positions will however simply illuminate the horizon of the question without leading to a preference for any one of them.