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Theoretical Inquiries in Law

Editor-in-Chief: Hannes, Sharon

2 Issues per year


SCImago Journal Rank (SJR): 0.309
Source Normalized Impact per Paper (SNIP): 0.845

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
  • Bar Ilan University Faculty of Law
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.

About the article

Published Online: 2012-01-15


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

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