Marion Paige (Admin)
Username: Admin
Registered: 4-2003
| | Posted on Wednesday, April 21, 2010 - 11:59 pm: | |
In re the use of business associations for domestic associations, The Ribstein Paper references Adrienne D. Davis paper titled The Game of Love: Polygamy, Default Rules, and Bargaining for Equality CLICK HERE.
It argues that the gay marriage analogy, invoked on both the “left” and the “right,” is a red herring, a distraction from the real challenge polygamy raises for law - how plural marriage transforms the conventional marital dyad and whether law is up to regulating marital multiplicity. Both of the gay analogies, the slippery slope invocation and the alternative lifestyles defense, distract us from the fact that polygamy’s distinctive feature lies not in the spouses’ gender (as is the case for same-sex couples marriage) but rather in its departures from the two-person marital model. Polygamy’s defining feature, marital multiplicity, generates specific costs and vulnerabilities, as well as opportunities for exploitative and opportunistic behavior, some of which we have seen played out in distressing fashion in recent high-profile conflicts. Hence, this paper approaches polygamy as a problem of bargaining, cooperation, strategic behavior, and, forgive the pun, the problems it engenders. Adrienne D. Davis. |
