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Theoretical Inquiries in Law

Editor-in-Chief: Klement, Alon

2 Issues per year


SCImago Journal Rank (SJR) 2016: 0.319
Source Normalized Impact per Paper (SNIP) 2016: 0.698

Online
ISSN
1565-3404
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Volume 13, Issue 1 (Jan 2012)

Issues

The Liberal Transformation of Spousal Law: Past, Present and Future

Shahar Lifshitz
Published Online: 2012-01-15 | DOI: https://doi.org/10.1515/1565-3404.1284

Scholars and lawmakers are familiar with a meta-narrative describing the liberal revolution of spousal law that occurred in the last decades of the twentieth century, which further transformed marriage, already transformed from a Catholic religious sacrament into a public institution and legal status model in the nineteenth century, into a private contract at the end of the twentieth. This Article addresses the liberal transformation of spousal law. The goals of the discussion are threefold: First, the Article examines the liberalization as a historical narrative and the sub-narratives contained therein. Secondly, it explores the liberalization as the normative framework for the current normative debates. Finally, the Article criticizes the existing school of thought and proposes principles for a new theory that would depart from the thought patterns imposed by the liberalization narrative.

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Published Online: 2012-01-15


Citation Information: Theoretical Inquiries in Law, ISSN (Online) 1565-3404, DOI: https://doi.org/10.1515/1565-3404.1284.

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©2012 Walter de Gruyter GmbH & Co. KG, Berlin/Boston. Copyright Clearance Center

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