Robert P. George's Philosophy of Marriage Law: An Essentialist View

Present-day society has witnessed a growing debate and indeed a cultuaral conflict on the institution of marriage. A number of scholars have attributed the current crisis to a gradual erosion of the meaning of marriage. This is in fact the mind of Robert P. George, the main voice in defense of the c...

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Bibliographic Details
Main Author: Wamuyu Gitahi, Jennifer (Author)
Format: Print Book
Language:Undetermined language
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Published: Rom [publisher not identified] 2016
In:Year: 2016
Series/Journal:Dissertationes 44
IxTheo Classification:SB Catholic Church law
Further subjects:B Philosophy of law
B Marriage law
B Marriage
B Philosophy
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Summary:Present-day society has witnessed a growing debate and indeed a cultuaral conflict on the institution of marriage. A number of scholars have attributed the current crisis to a gradual erosion of the meaning of marriage. This is in fact the mind of Robert P. George, the main voice in defense of the conjugal view of marriage in the American public square. Employing practical philosophical arguments based on the understanding of natural law proposed by the New Natural Law school of thought, George argues that marriage has a definition that is based on ist objective essence. He defines marriage as primarily a sexual union. In George's view, the law should not only acknowledge this meaning but also protect and vest it with legal force. To allegations from various sectors that theirs is an attack on homosexuality, George and his collaborators insist that their defense is neither about homosexuality nor about equality but about the institution of marriage and what it is. They consider the issue of same-sex "marriage" as only incidental to their defense, maintaining that what they seek ultimately is to construct a healthy marriage culture. This work presents Robert P. George's legal philosophical thought in defense of marriage. It begins by presenting George's life and works then goes on to examine the philosophical, social and cultural context in which he develops his arguments. A systematic exposition of these arguments follows. Thereafter a brief overview of the implications of the historical definition of marriage on George's defense is set out. Before appending the conclusive remarks, an analysis of the philosophical presuppositions of George's thought is put forward