New Natural Law Theory and the Grounds of Marriage

Social Theory and Practice 37 (3):461-482 (2011)
Abstract
New natural lawyers--notably Grisez, Finnis, and George--have written much on civil marriage's moral boundaries and grounds, but with slight influence. The peripheral place of the new natural law theory (NNLT) results from the marital grounds they suggest and the exclusionary moral conclusions they draw from them. However, I argue a more authentic and attractive NNLT account of marriage is recoverable through overlooked resources within the theory itself: friendship and moral self-constitution. This reconstructed account allows us to identify the relation between marriage and human flourishing and the morality of same-sex marriage without making marriage infinitely plastic
Keywords New Natural Law  marriage  John Finnis  Same-sex marriage  moral theory
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Benjamin A. Gorman (2004). Brief Refutations of Some Common Arguments Against Same-Sex Marriage. American Philosophical Association Newsletter on Philosophy and Lesbian, Gay, Bisexual, and Transgender Issues 4 (1):13-15.
Lara Denis (2001). From Friendship to Marriage: Revising Kant. Philosophy and Phenomenological Research 63 (1):1-28.
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