The discourse of “contract” and the law of marriage

Law & Economics: Toward Social Justice

ISBN: 978-1-84855-334-7, eISBN: 978-1-84855-335-4

ISSN: 0193-5895

Publication date: 19 May 2009


Thus the “contract” analogy does not constitute a legal justification for an approach to marriage based solely on the consent of the parties. It merely expresses a normative preference for a consent-based approach. The chapter illustrates this point using examples of current marriage-related issues, such as covenant marriage, prenuptial agreements, and same-sex marriage.


Joo, T.W. (2009), "The discourse of “contract” and the law of marriage", Gold, D.L. (Ed.) Law & Economics: Toward Social Justice (Research in Law and Economics, Vol. 24), Emerald Group Publishing Limited, Bingley, pp. 161-187.

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